Planning Commission Rtaff Report 07.11.2022 — Visalia City Council, August 1, 2022

REPORT TO THE CITY OF VISALIA PLANNING COMMISSION

HEARING DATE: July 11, 2022

PROJECT PLANNER: Cristobal Carrillo, Associate Planner
Phone: (559) 713-4443
E-mail: [email protected]

SUBJECT: Zoning Text Amendment No. 202 2-01: A request by the City of Visalia to amend Visalia Municipal Code Chapter 17.56 (Historic Preservation District) as to: A) requiring “Background” classified Local Reg ister structures located outside the Historic District to undergo Historic Preservation Adv isory Committee (HPAC) review for exterior alteration requests, B) granting the HPAC the ability to deny demolition requests for any property within the Historic District and/or listed on the Local Register, C) adding definitions for Local Register classifications, D) adding specific criteria for the evaluation of fencing proposals within the Historic District and/or on the Local Register, E) limiting the percentage o f paved surfaces allowed within front yard se tback areas for properties within the Historic District and/or on the Local Register; and F) changing the frequency of Local Register reviews. The project area is contained within the City of Visalia’s Historic District and Local Register of Historic Structures.

STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 2022-30, recommending that the City Council approve adoption of Zoning Text Amendment No. 2022-

01. This recomm endation is based on the information contained in t he staff report, compatibility with the purpose and intent of the Zoning Ordinance, and Historic Preservation Element of the Visalia General Plan.

RECOMMENDED MOTION
I move to recommend that the City Counc il approve Zoning Text Amendment No. 2022-01, based on the findings and conditions in Resolution No. 2022-30.

PROJECT DESCRIPTION
Background
In 1979 Visalia Municipal Code Chapter 17. 56 (Historic Preservation District Ordinance ) was adopted to protect and preserve the City’s dist inct collection of unique and historically significant structures. The Ordinance created the Historic Preservation Advisory Committee (HPAC) to oversee building and zoning actio ns related to historically significant sites and structures within two areas of jurisdiction: the Historic District and th e Local Register of Historic Structures (see Exhibit “A”).

The Historic District consists of three areas containing large groupings of historically significant structures, often with similar architectural styles and elements. A to tal o f 6 78 properties are located within the boundaries of the Historic District. The Local Register consists of individual properties which have been identified by the HPAC as containing historically significant and unique structures. These properties can be l ocated anywhere within City L imits, inside or outside of the bounds of the Historic District. The Local Register currently contains 368 properties. Structures on the Local Register are given one of three classifications, based on factors such as histo rical importance, uniquen ess of architect ure, and quality of construction. The classifications are defined as follows:
• Exceptional: Properties with preeminent historical significance, considered for nomination to the National Register of Historic Places. • Focus: Properties having significant value, of good to excellent quality, considered for local recognition and protection.
• Background: Properties that may not be historically significa nt or unique in their construction, but which contribute positively to the “visual fabric” of the City of Visalia.

The HPAC has review authority over projects conducted within the Histori c District and/or on sites located outside the Historic District and listed as "Exceptional" or " Focus" on the Local Register. “Background” Local Register structures located outside the Historic District are not subject to HPAC review unless proposed for d emolition. Actions of the HPAC are appealable directly to the Visalia City Council.

Project Description
The Historic Preservation Ordinance U pdate is a city -initiated request to implement a series of historic preservation-related Zoning Ordinance text amendments. In early 2021, the Visalia City Council directed the HPAC to provide recommendations for revision of the Historic Preservation District Ordinance to address concerns that the ordinance does not adequately protect historically designated structures and sites from destruction and blight.

Proposed Ordinance updates were formulated by the HPAC and discussed with the Visalia City Council and Visal ia Building Advisory Committee at w ork sessions held on Oct ober 10, 2021, November 17, 2021, and February 22, 2022. Upon completion of the work sessions, the City Council direct ed the HPAC to pursue six areas of revision. The proposed rev isions are as follows:

A. Update the Ordinance so that exterior alterations to “Background” Lo cal Register structures located outside the Historic District are subject to HPAC review.

B. Grant the HPAC the ability to de ny demolition requests for any property wit hin the Historic District or Local Register.

C. Add definitions for Local Register classifications to the Ordinance.

D. Add specific criteria for the evaluation of fencing proposals.

E. Limit the percentage of paved surfaces allowed within front yard areas.

F. Change the frequency of Local Register reviews.

The propose d amendments to the Historic Preservat ion District Ordin ance w ill affect only those areas contained within the City of Visalia ’s Historic District and properties listed on the Local Register of Historic Structures. A map containing the location of the exis ting Historic District and Local Regis ter sites is inclu ded as Exhibit “A”. All othe r areas of th e City , not subject to the Historic District and/or Local Register, will be unaffected by the proposal unless a historic de signation or Local Register status is applied in the future by the Visalia City Council.

Historic Preservation Advisory Committee Review
HPAC review of the proposal was completed at a special called meeting held May 26, 2022.

At that meeting, the Committee recommended approval of the Historic Preservation Ordinance Update to the Visalia Planni ng Commission on the basis that the proposal is consistent with the Zoning Ordinance and the Historic Preservation Element of the Visalia General Plan, and that the proposal will not be injurious to the character or overall uniformity of the Historic D istrict and Local Register of Historic Structures. The approval letter from the HPAC is included as Exhibit “B”.

The Planning Commission must consider the recommendation o f the HPAC and provide a recommendation to the Visalia City Council for consideration. Final authority to approve the proposal resides with the City Council.

PROJECT EVALUATION
General Plan Consistency
The proposed zoning text amendments are consistent wi th the following objectives and policies of the Visalia General Plan Historic Preservation Element:

Historic Preservation Element Objective H-O-1 – Assure the recognition of the City’s history through the preservation of historic sites, structures and feat uring zoning overlay designation and discretionary review procedures for the Historic District.

Historic Preservation Element Policy H-P-7 – Continue to use the Historic Preservation Ordinance development review process to protect structures listed on the Local Register of Historic Structures or located within the Historic District.

Historic Preservation Element Policy H-P-9 – Periodically survey historic resources and nominate historically and/or architecturally significant sites, structures, and neighborhoods to the Local Register of Historic Structures and/or Historic District, State of Cali fornia Invento ry of Historic Resources, National Regis ter of Historic Places to ensure they are protected.

Historic Preservation Element Policy H-P-10 – Regularly review the Local Register of Historic Structures to ensure that properties are appropriately listed.

Specifically, the p roposed amendments related to review of demolition requests and “Background” structures ensure that all protections of the Historic Preserv ation Ordinance can be fully applied to all structures in the Historic District and on th e Local R egister.

Provisions for fencing and landscapi ng assist in the preserv ation of historically designated areas by ensuring compatibility of fencing designs and s treetscapes. Changes to Local Register reviews do not conflict with timeframes identified in H -P-9 and H -P-10 and will provide the HPAC with time to conduct thorough reviews without constraining the Committee and staff from pursuing other projects.

Proposed Zoning Text Amendments
The following are the updates to the Historic Preservation District Ordinance proposed by the HPAC, and which the City Council directed be pursued. The proposals include the associated ordinance text change s required to implement t he provision. Changes proposed to Visalia Municipal Code Chapter 17.56 are noted with underline & italics for additions and strikeout for deletions.

A. Update the Ordinance so that exterior alterations to “Background” Local Register structures located outside the Historic District are subject to HPAC review.

Summary of Recommended Action: Currently, if a Local Register structure is located outside the Historic District, and is classified as “Background”, it is only subject to HPAC review if proposed for demol ition. Local R egister structures located outside the Historic District and classified as “Background” that propose exteri or alterations, additions, and construction of new structures, are exempt fr om HPAC review. Removal of this exemption provision will authorize the HPAC to re view exterior building alterations for any property that is within the Historic District or on the Local Register, regardless of classification. The HPAC proposes the change t o prevent the negative alt eration and loss of historic stru ctures due to lack of oversight and communication with applicants/property owners. The change, if approved, also strengthens the abilit y of the HPAC to pursue the purpose and intent of the Historic Preservation District Ord inance, described in Section 17.5 6.010.B as to preserve and promote the public welfare through prote ction of the City ’s historic structures, sites, and features.

This c hange would affect 36 properties which are c urrently located outside the Historic District and listed on the L ocal Register with a “Background” classification. At present, these 36 properties are not subject to HPAC oversi ght for exterior alt erations. If t his proposed change is approved, the 36 properties would be subject to HP AC revi ew for a ny exterior alteration proposed, similar to all other p roperties wit hin the Historic District and/or on the Local Register with a “Focus”/”Exceptional” classification. Given the small number of properties impacted, this change is not expected to have a significant impact on staff time.

Recommended Changes to Zoning Ordinance:
• 17.56.040 Regulation of structures.

17.56.110.
• 17.56.050.C.4: It shall be the duty of the historic preservation advisory committee to review all applicatio ns for sign pe rmits within the historic district or for properties located outside t he historic district and listed as "exceptional" or "focus" on the local register. The committee may recommend approval, conditional approval or denial of the sign permit a pplication based upon the proposed design and/or materials, but not upon the propose d si ze or location . The application shall then be p resented to the proper issuing authority for sign permits, pursuant to Chapter 17.48. Sign permits shall be issued only i n compliance with the recommendation of the committee. Approval by the committee in no w ay implies app roval by the issuing authority fo r sig n permits, whose approval must also be secured pursuant to Chapter 17.48. • 17.56.110 Local register structures.

This section cont ains criteria for reviewing all applications for building permits f or exterior rehabilit ation, renovation, alteration, re construction, or enlar gement of an y local register structure within the historic district, or any "exceptional" or "focus " local register structure outside the historic district , and for any interior mo dification that requires the issuance of a building pe rmit for a publicly owned and publicly accessible local register structure. In reviewing an ap plication, the historic pre servation advisory committee shall consider the following general standards and principles:

B. Grant the HPAC the ability to deny demoli tion requests for any pr operty within the Historic District or Local Register, regardless of classification.

Summary of Recommended Action: The Historic Preservation District Ordinance requires the HPAC t o review all applicat ions for demolition of structur es listed on the Local R egister or located within the Historic District. However , the ordinance only grants the HPAC the authority to deny a request for demolition of a historically designated structure in instances where the site is on the Local Register with an “Exceptional” classification. In all other instances, the HPAC is compelled to either approve a demolition on the g rounds that the structure is a public hazard, approve the demolition request outr ight, or approve the demolition request with a moratorium of up to six months on the iss uance of a Demolition or Moving Permit. The exemption provision has resulted in a numbe r of historic buildings being demolished, mostly recently the Odell -Mor Building located at 2 09 N. E ncina Street. The proposed change will provide the HPAC w ith another tool with which to enact the purpose and intent of the Historic Preservation Distri ct Ordinance, to preserve and promote the city's cultural heritage, by ensuring its historic structures, sites, and features are not destroyed.

If approved, the change will affect the 355 properties that are currently on the Local Register with a “Focus” and “Background” classification, as well the 377 properties that are in the Historic District but not on the Local Register. Since the ordinance already permits the HPAC to rev iew demolition requests for any site within the Historic District or Local Register , th e only significant effect of the proposed change is the possibility that a demolition request may be denied. To that effect, staff’s research has found that review of demolition requests is rare, and that such requests are almost always approved. Between January 2011 and May 2022, the HPAC has only reviewed eight (8) demolition requests. Six of the eigh t requests were for main structu res, such as a residence or office . In all exc ept one instance , the HPAC approved the demolition request. The sole exception was for t he Odell-Mor building, which resulted in the application of a six -month m oratorium, after which a d emolition permit was issued. Furthermore, any denial of a demolition request by the HPAC can be appealed by an applicant free of charge to the City Council.

CEQA Considerations: Approval of the proposal will trigger a requirement for staff to cond uct a California Environmental Q uality Act (CEQA) review for any de molition request submitted for review. The possibility of denial will make any demolition request a discretionary matter, triggering CEQA processes. This could potentially result in fees be ing charged and additional processing time added for review of the demolition request. HPAC review is currently free of charge. The addition of CEQA processe s will in crease fees to $78.00 for a Categorical Exemption or $800.00 for an Initial Study/Negative Declaration. A separate $58.00 filing fee is also required for the filing of a CEQA review determination with the Tulare County Clerk. The preparation of a CEQA Categorical Exemption is not expected to have a significant impact on the processing of a demo lition request. However, if an I nitial Study/Negative Declaration is required (as would be the case for the proposed demolition of a structure adjacent to a S tate Highway or on the National Register of Historic Places) , the increased level of CEQA review will increase fees for the applic ant and add processing periods between one to seve ral months depending on the project . The preparation of an Initial Study/Negative Dec laration could also result in the requirement that technical studies be submitted to help address issues related to the demolition request. The cost for staff to review technical studies will add an additional $238.00 fee per study to a demolition request. Applicants will also be subject to additional fees charged by consultants to prepare the required technical studies.

Recommended Changes to Zoning Ordinance:
• 17.56.050.C.5: It shall be the duty of the historic preservation advisory committee to review all applications for the moving or demolition of structures in the historic district or listed on t he local register. The c ommittee shall have the power to approv e, conditionally approve, or disapprove such applications, subject to the provisions of Section 17.56.130.
• 17.56.070.B.3: In the case of local register structures that have been classifi ed as "exceptional," the The committee may deny an application for dem olition, after the six- month moratorium has expired . Denial of a demolition permit by the commit tee is subject to appeal to the city council pursuant to Section 17.56.060.

C. Addition of la nguage to the H istoric Preservation Ordinance defining the “Exceptional”, “Focus” and “Background” classifications of the Local Register.

Summary of Recommended Actio n: Section 17.56.030 (Definitions) of the Historic Preservation District Ordinance does no t provide defin itions for the t hree Lo cal Register classifications noted in the Hi storic Preservation Element of the 2014 Visalia General Plan.

This change will update the definitions section of the ordinance to include the classifica tions, to codify the language provided in the Historic Preservation Element.

Note that staf f also recommends including language under the “Local Register” definition to clarify that the d esignation app lies to all structures located within the bounda ries of the property which the designation has been applied to and not just the primary structure alone.

This has been the existing interpretation of the language existing in the ordinance by staff and the HPAC . It ensures compatibility of all structures located on the same site as a historically significant structure. The proposed change will assist in clarifying the applicability of the Local Register designation.

Recommended Changes to Zoning Ordinance:
• 17.56.030.B Definitions.
o "Local register" means the listing of local historic structures, sites and features adopted by the city council and maintained by the historic preservation advisory committee, and incorporated herein by reference. This designation is inclusive of all structures and features located within the boundaries of the property for which the local register designation has been applied.
o “Local regi ster, Background” means p roperties that may not be historically significant or uniqu e in their construction, but which contribute positively to the “visual fabric” of the City of Visalia.
o “Local register, Exceptional” means p roperties with pree minent histo rical significance, considered for nomination to the National Register of Historic Places.
o “Local regis ter, Focus” means p roperties having significant value, of good to excellent quality, considered for local recognition and protection.

D. Removal of languag e regarding specific fencing types, in favor of general language requiring consideration based on style and context:

Summary of Recommended Action : The Historic Preservation D istrict Ordinance states that review of fencing proposal s within the H istoric District should consider “Walls of Continuity”, meaning “continuous cohesive walls of enclosures along streets”. The Historic Preservation District Ordinance specifically calls o ut “brick walls”, “wr ought iron fences”, and “evergreen landscape masses” as acceptable types of fencing that creates suitable “walls of continuity”.

No specific fencing language is included for Local Register sites . As such, staff has generally also applied the “Walls of Continuit y” guidance to Local Register sites . As a re sult of the existing language in the ordinance, t he HPAC has established a longstanding pre cedent that materials such as chain link fencing are not appropriate for historic areas and do not constitute an appropriate wall of continuity.

In 2021, several proposals for chain link fen cing were submitted for HPAC review . Property owners argued that the material should be permitted due to the prevalence of chain link in the Historic District and becaus e chain link can b e historically appropriate in certa in contex ts.

Owners also noted the financial constraints of purchasing fencing types other than chai n link.

When the comments from property owners where shared with the City Council at the October 2021 work session, the Council was sympathetic to the concerns. At that meeting the Council requested that the HPAC create specific standards for fence reviews and that such standards be inclusive of chain link fencing mate rials. This directive was alter ed at th e February 2022 follow up work sessi on, wherein the C ity Counc il expresse d reservations over the outright approval of all chain link fencing proposals.

To add ress the directives of the City Council , staff recommends the elimination of text referencing “walls of continuity ” in fa vor of definitive language th at encourages repair of historic fencing and use of specific new materials that are compati ble with historic structures and streetscapes. Recommended changes also allow for the consideration of c hain lin k fencing, subject to findings which would allow for approval based on hi storic compatibility or economic hardship. The intent is to increase flexibility and equitability in the review of fencing, allowing for a wide range of fencing types within the Historic District and Local Register.

Recommended Changes to Zoning Ordinance:
• 17.56.100 Building design compatibility criteria.
o E. Walls of Continuity. P hysical ingredients such as brick walls, wrought iron fences, and evergreen landscape masses sh ould be used to form conti nuous cohesive walls of enclosure along the street.
o FE. Landscaping.
o GF. Directional Expression of Front Elevations.
• 17.56.120 Fencing and wall design criteria.

This section contains criteria for reviewing all applications for new fencing and walls within the historic distric t or on the local re gister, and for any application for rehabilitation, renova tion, alteration, reconstruction, or en largement of fencing and walls within the historic district or on the local register. In reviewing an application, the historic preservation advisory committee shall consider the following general standards and principles:

A. Fencing proposals sh all be used t o form continuous c ohesive walls of enclosure along the street , and sh all be compatible w ith the architectural styl e of the main building and historic district.

B. If historic walls or fencing exist on a property, preference should be given to repair of the e xisting fencing or wall to r estore its original appearance to the extent possible. If rem oval and replacement of historic fencing and walls is proposed, preference should be given to the use of like materials to prese rve the appearance of the original fencing or wall.

C. Proposals for new fencing or walls sh ould be compatible with the character and architectural elements of the historic structure onsite and its period of orig inal construction.

D. Appropriate materials for fe ncing and walls shall include, bu t not be limited to , landscape mas ses, wood, wood picket s, wrought iron, cast i ron, masonry wal ls, brick, stone, decorative wire , and vinyl materials that mi mic the appearance of painted wood.

E. Proposals for chain link fencing in areas visible from the street shall be discouraged. The historic preservation advisory committee may grant an application for chain link fencing al ong public streets if, on the basis of the application and the evidence submitted, the committee makes one of the following findings:

1. That th e proposed chain link fencing is compatible with the historic structure and the neighborhood;

2. That sufficient evid ence has been provided indicating that the a pplicant wi ll experience an economic hardship should the chain link fencing not be permitted to be placed onsite;
• 17.56.120 17.56.130 Role of building official.
• 17.56.130 17.56.140 Separability.

E. Inclusion of la nguage requiring historically designa ted sit es to maint ain a minimum 50% of front yard areas for landscaping purposes.

Summary of Recom mended Action: The Historic Preservation District Ordinance does not currently include language regarding the inclusion o f landscaping in historic areas. As such there is no ov ersight of landscaping improvements on historically designated sites . This has resulted in loss of aesthetically appealing streetscapes due to the paving of front yard areas and removal of mature plantings. To address this issue, it is recommended that language be included in the ordinance requiring si tes within the Historic District or Local Register to maintain a minimum 50% of front yard areas for landscaping purposes. The intent is to prevent front yard areas from being permanently paved and to encourage placement of landscaping for the beautificat ion of historic sites and neighbor hoods. The 5 0% provision would only be applicable to front yard setback areas and would still allow sufficient space for the paving of driveways for garages and entr yways. Alternative landscape materials such as river rock and synthetic turf would still be permitted under this proposal.

Recommended Changes to Zoning Ordinance:
• 17.56.050.C:
o 8. Sites within the historic dist rict or on the local register shall reserve a minimum 5 0% of the required front yard setback area for the purpose s of landscaping. This shall include non-living ground cover and turf.

F. Modification of l anguage requiring the annual review of the Local Regi ster of Historic Structures.

Summary of Recomm ended Acti on: The Historic Preservation District Ordinance currently mandates that the Local Register be reviewed on an annual basis, with recommend ations for removal or addition of stru ctures provided to the P lanning Commission and City Cou ncil for certification. Reviews of this sort require increased efforts from committee members and staff to survey, research, and evaluate existing and potential Local Regi ster sites. Due to limitations in staff time and resources, undertaking tasks of this magnitude and frequency are not always feasible.

It is recommended that comprehensive reviews of the Local Register be conducted on a five- year basis to allow suffi cient time for review and analysis. Please note that such a change would not prevent the HPAC from conducting Local Re gister reviews within a quicke r timeframe for individual sites, or the entire Local Register, if resources are available.

Please note that the HPAC is in the proces s of conducting a comprehensive u pdate to the Local Register of Historic Structures (HPAC Item No. 2022-12). The intent is to ensure that all Local Register sites are g iven the appropriate classification. Any potential changes to the classification of Loca l Register structures will requir e review by the HPAC, Plan ning Commission, and City Council at public hearings.

The committee s hall review the local register annually every five years , make recommendations for the a ddition or deletion of structures or sites, and submit said recommendations to the planning commission and city council for certification.

Public Outreach
The HPAC cond ucted a public ou treach meeting on March 30, 2022, to answer qu estions and solicit comme nt on the text amendments propose d for Historic Preservation District Ordinance Update. A subsequent public hearing was held on May 26, 2022, by the HPAC.

For both meetings, public notices were sent to inform members of the public of the proposed changes. Public c omments received by the H PAC have been positive, with stakeholders generally in favor of the changes proposed.

For the July 11, 2022, Planning Commission public hearing, a public notice was published in the Visalia Times-Delta. At present, no public comment has been received for the proposal.

Environmental Review
The requested action is considered exempt under S ection 15061(b)(3) Per Section 15061 (b) (3) of th e State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the p roject because Section 15061 (b) (3) stat es that the project is exempted from CEQA if the activity is covered by the common-sense exemption that CEQA applies only to projects that have the potential for causing a significan t effect on the environment. Wher e it can be seen with certainty that ther e is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The proposed text amendment to Visalia Munic ipal Code Chapter 17.56 (Historic District Preservation Ordinance) will not have a significant effect on the environment.

RECOMMENDED FINDINGS

1. That the proposed develo pment is consistent with the Zoning Ordinance, the Historic Preservation Element , an d the Visalia General Plan, as descri bed in the following Historic Preservation Element objectives and policies:

Historic Preservation Element Objective H-O-1 – Assure the recognition of the City’s history through the preservation of historic sites, struct ures and featuring zoning overlay des ignation and discretionary review procedu res for the Historic District.

Historic Preservation Element Policy H-P-7 – Continue to use th e Histor ic Preservation Ordinance development review process to protect structures listed on the Local Register of Histor ic Structures or located within the Hist oric District.

Historic Preservation Element Policy H-P-9 – Periodically survey historic resources and nominate historically and/or architecturally significant sites, structures, and neighborhoods to the Local Regist er of Historic Structures and/or Historic District, State of California Invento ry of Historic Resources, National Register of Historic Places to ensure they are protected.

Historic Preservation Element Policy H-P-10 – Regularly review the Local Register of Historic Structures to ensure that properties are appropriately listed.

2. That the proposal will not be injuriou s to the character or overall u niformity of the Historic District and Local Register of Historic Structures.

3. That the project is exempt from fu rther review under the California Environ mental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

APPEAL INFORMATION
The Planning Commission’s recommendation on the project is advisory only and is automatically referred to the Visalia City Council for final action.

Attachments:
• Related Plans and Policies - Visalia Municipal Code Chapter 17.56 (Historic Preservation District)
• Resolution No. 2022-30
• Exhibit “A” – Historic District and Local Register of Historic Structures Map • Exhibit “B” – Historic Preservation Advisory Committee No. 2022-11, May 26, 2022, Approval Letter

RELATED PLANS AND POLICIES
Chapter 17.56

HISTORIC PRESERVATION DISTRICT
Sections:

17.56.010 Purposes and intent.

17.56.020 Components of the chapter.

17.56.030 Definitions.

17.56.040 Regulation of structures.

17.56.050 Creation of historic preservation advisory committee.

17.56.060 Appeal.

17.56.070 Demolition or moving of historic structures.

17.56.080 Ordinary maintenance and repair.

17.56.090 Exceptions to Visalia Municipal Code requirements.

17.56.100 Building design compatibility criteria.

17.56.110 Local register structures.

17.56.120 Role of building official.

17.56.130 Separability.

17.56.010 Purposes and intent.

A. There is created a historic district, the boundaries of which are shown on the two maps entitled, "Historic District Overlay," which accompany the ordinance codified in this chapter and which are on file in the office of the city clerk, on the 19th day of November, 1979 and dated 19th day of November, 1979. Said maps are adopted and made a part of this chapter.

B. This chapter is enacted to preserve and promote the public health, safety and welfare of the residents of the city, and to express the commitment of the city to assure that the city's cultural heritage, as reflected in its historic structures, sites, and features is not destroyed, through:

1. The protection and preservation of historic structures;

2. The preservation and maintenance of historic residential areas as cohesive neighborhood units;

3. The enhancement of property values in the older areas of the city;

4. The assurance that the community's cultural heritage, as reflected in the environment, is not lost;

5. The encouragement of the development of vacant and incompatibly developed properties in accordance with the character of the historic district;

6. The involvement of residents of the older areas in planning their own neighborhoods. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7700)

17.56.020 Components of the chapter.

This chapter shall include:

1. The ordinance, which specifies the historic district overlay designation, design evaluation criteria, and the formation, powers and duties of a historic preservation advisory committee;

2. Creation of a local register of historic structures, sites and features that may be modified from time to time by resolution of the city council.

3. Two maps that designate the historic district overlay. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7701)

17.56.030 Definitions.

A. All definitions, general and specific, set forth in Section 17.04.030 shall be applicable to this chapter.

B. Definitions.
"Construction" means any building activity requiring the issuance of a building permit, except for any activity that does not affect the exterior appearance of the structure. "Enlargement" means construction that results in the expansion of the gross floor area of a structure.
"Historic structure" means a structure listed on the Local Register. "Local register" means the listing of local historic structures, sites and features adopted by the city council and maintained by the historic preservation advisory committee, and incorporated herein by reference. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7702)

17.56.040 Regulation of structures.

17.56.050 Creation of historic preservation advisory committee.

In order to execute the purposes declared in this chapter, there is created a historic preservation advisory committee.

A. Committee Membership.

1. The historic preservation advisory committee shall consist of seven members appointed by the city council to serve without compensation. All committee members shall be residents of the city at the time of their appointment and will lose their position if they move outside the city limits during their term of office. Members shall be appointed on the basis of:
a. Relevant professional or business qualifications;
b. Ownership of property within the historic district; c. Practical experience in restoration or preservation; d. Exceptional civic interest.
e. Terms of office shall be for two years.

2. Vacancies that may occur on the committee shall be filled by appointment of a new member of the city council for the duration of the unexpired term of office. The Council has the option of appointing up to two Historic Preservation Advisory Committee alternates.

Should a mid-term vacancy occur, an alternate may automatically fill the unexpired term. The council shall also have the power to remove any member from the committee by an affirmative vote of three council members.

3. Four members of the committee shall constitute a quorum for the transaction of business.

B. Procedures for the Review of Applications. The operating procedures of the historic preservation advisory committee shall be prescribed from time to time by resolution of the city council, for the purpose of carrying into effect the standards and specifications of this chapter. The committee may adopt, amend, and repeal rules and regulations governing the conduct of its meetings, as long as said rules do not violate the procedures established by the city council or the terms of this chapter.

C. Duties and Responsibilities. The historic preservation advisory committee shall review applications only as specified in this chapter, consistent with the rules and regulations adopted from time to time by resolution of the city council (as referred to in Section

17.56.050(B)). Applications shall be approved or disapproved based solely on the considerations set forth in this chapter. It is the intent of this chapter that the historic preservation advisory committee shall encourage applicants to make alterations and repairs to structures in the spirit of the architectural style of the structure. The duties and responsibilities of the historic preservation advisory committee shall include the following:

1. It shall be the duty of the historic preservation advisory committee to review all proposed zoning actions (zone changes, conditional use permits, special zoning exceptions, planned unit developments and variances) within the historic district. The committee may recommend approval, conditional approval, modification or disapproval of an application based upon the expected impact of the proposed zoning action on the historic or architectural significance of the affected structure(s), neighborhood, or the entire historic district. The committee's recommendation shall be forwarded to the planning commission for its consideration.

2. It shall be the duty of the historic preservation advisory committee to review all applications for site plan review permits within the historic district for compliance with the provisions of this chapter. Items that shall be subject to review by the committee include but are not limited to vehicular access, location and screening of parking, setbacks, location of service use areas, walls and landscaping. The committee may recommend approval, conditional approval, disapproval or resubmittal of the site plan review permit application.

The committee's recommendation shall be forwarded to the site plan review committee for its consideration.

3. It shall be the duty of the historic preservation advisory committee to review all applications for the construction or exterior alteration or enlargement of structures within the historic district or for structures located outside the historic district and listed as "exceptional" or "focus" structures on the local register. The committee shall have the power to approve, modify or disapprove such applications before a building permit can be issued, subject to the provisions of Sections 17.56.100 and 17.56.110.

4. It shall be the duty of the historic preservation advisory committee to review all applications for sign permits within the historic district or for properties located outside the historic district and listed as "exceptional" or "focus" on the local register. The committee may recommend approval, conditional approval or denial of the sign permit application based upon the proposed design and/or materials, but not upon the proposed size or location. The application shall then be presented to the proper issuing authority for sign permits, pursuant to Chapter 17.48. Sign permits shall be issued only in compliance with the recommendation of the committee. Approval by the committee in no way implies approval by the issuing authority for sign permits, whose approval must also be secured pursuant to Chapter 17.48.

5. It shall be the duty of the historic preservation advisory committee to review all applications for the moving or demolition of structures listed on the local register. The committee shall have the power to approve, conditionally approve, or disapprove such applications, subject to the provisions of Section 17.56.130.

6. It shall be the duty of the historic preservation advisory committee to compile and update the historic survey and inventory, and to nominate properties to the local register and the National Register of Historic Places. In selecting properties for nomination to the local register, the board shall consider:
a. Architectural significance and style;
b. Historic significance, including age of structure, original owners, and events related to the structure, site or original owners.

The committee shall review the local register annually, make recommendations for the addition or deletion of structures or sites, and submit said recommendations to the planning commission and city council for certification.

7. Permits may be issued for air conditioners, electrical work and plumbing work that is visible from a public right-of-way when the chief building official determines that the work insignificantly affects the exterior of a structure, or that reasonable alternatives as to location or screening have been employed. The building official may forward to the historic preservation advisory committee applications for permits for this type of work when it appears that the appearance of a structure may be significantly altered. This subsection shall not apply to the following types of permit applications:

1. Reroofing with like materials;

2. Residing with like materials;

3. Swimming pools;

4. Masonry repairs with like materials;

5. Chimney repair with like materials. (Ord. 2017-01 (part), 2017: Ord. 2008-11 § 1, 2008:

Ord. 2001-13 § 4 (part), 2001: prior code § 7704)

17.56.060 Appeal.

Any person or persons jointly or severally aggrieved by a decision of the historic preservation advisory committee may make an appeal in writing therefrom to the city council within ten days of said action. The city council, after proceeding in the manner as provided therein and with the same power and authority there invested in passing upon appeals before it under the provisions of law and this chapter and in the exercise thereof, may reverse, affirm or modify or affirm as modified the action of the historic preservation advisory committee.

Appeals of a decision of the site plan review committee shall be filed with the planning commission in the manner prescribed in Section 17.28.050. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7705)

17.56.070 Demolition or moving of historic structures.

A. The demolition of structures listed on the local register, and the moving of local register structures from their sites, shall be discouraged. The historic preservation advisory committee shall review all applications for demolition or moving permits for structures on the local register and for any structures within the historic district boundaries.

B. After due consideration, the committee shall exercise one of the options listed below:

1. The committee may approve the demolition permit if it finds that the structure is a hazard to public health or safety, as determined by the building official or his designee, in consultation with the historic preservation advisory committee.

2. The committee may decide that up to a six-month moratorium be placed upon the processing of the demolition or moving permit, in order to allow time for the applicant and the committee to find alternative uses for the structure and to seek alternative solutions to the demolition or moving of the structure. If no alternatives are found, after the six-month moratorium has expired, the committee must approve the application.

3. In the case of local register structures that have been classified as "exceptional," the committee may deny an application for demolition, after the six-month moratorium has expired. Denial of a demolition permit by the committee is subject to appeal to the city council pursuant to Section 17.56.060.

4. The committee may approve the application.

C. When an application is acted upon, the committee shall notify the building official of the approval, conditional approval or denial. Upon receipt of said notification, the building official shall process the application accordingly. If, after six months from the date of filing of the application, the building official has not received such notification, a permit may be issued. Approval of a permit application by the committee in no way implies approval by the building official, whose approval must also be secured. (Ord. 2017-01 (part), 2017: Ord. 2001- 13 § 4 (part), 2001: prior code § 7706)

17.56.080 Ordinary maintenance and repair.

Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the historic district; provided such work involves no change that requires issuance of a building permit. Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any feature that, in the view of the proper authority acting lawfully, is required for the public safety because of an unsafe or dangerous condition. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7708)

17.56.090 Exceptions to Visalia Municipal Code requirements.

Due to the peculiar conditions of design and construction in historic neighborhoods where structures were sometimes built close to lot lines, and where ownership patterns have changed over the years, it is sometimes in the public interest to retain the historic appearance of a neighborhood by making an exception to normal setback, parking, landscaping, fencing and screening requirements of the Visalia Municipal Code, where such an exception does not interfere with the public health or safety. Within the historic district, where it is deemed that such an exception is warranted and will not adversely affect neighboring properties, the historic preservation advisory committee may initiate and/or recommend to the planning commission that such exception to Visalia Municipal Code requirements be made. (Ord. 2017- 01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7709)

17.56.100 Building design compatibility criteria.

This section contains criteria for reviewing all applications for new construction and sign permits within the historic district, and for any rehabilitation, renovation, alteration, reconstruction, or enlargement affecting the exterior appearance of any structure within the historic district that is not listed on the local register, which requires the issuance of a building permit. Each application shall be considered in terms of its compatibility or complementariness with a majority of structures in the immediately surrounding area. In reviewing an application, the historic preservation advisory committee shall consider the following general design standards and principles:

A. Height and Scale. New buildings should be constructed to a height within a reasonable average height of existing adjacent buildings.

B. Spacing of Buildings on Street. A rhythm of recurrent building masses to separations should be retained.

C. Relationship of Materials and Textures. Choice of building materials and texture (smooth and rough) should enhance the desired neighborhood qualities such as compatibility, similarity and continuity.

D. Relationship of Architectural Details and Roof Shapes. Choice of architectural details and roof shape should insure compatible appearance with surrounding structures.

E. Walls of Continuity. Physical ingredients such as brick walls, wrought iron fences, and evergreen landscape masses should be used to form continuous cohesive walls of enclosure along the street.

F. Landscaping. Landscaping should reflect the predominant quality and quantity of landscaping within the surrounding area. The concern here is more with mass and continuity.

G. Directional Expression of Front Elevations. Structural shape, placement of openings, and architectural details should be used to give a compatible appearance with adjacent structures that may be horizontal, vertical or nondirectional in nature. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7710)

17.56.110 Local register structures.

This section contains criteria for reviewing all applications for building permits for exterior rehabilitation, renovation, alteration, reconstruction, or enlargement of any local register structure within the historic district, or any "exceptional" or "focus" local register structure outside the historic district, and for any interior modification that requires the issuance of a building permit for a publicly owned and publicly accessible local register structure. In reviewing an application, the historic preservation advisory committee shall consider the following general standards and principles:

A. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.

B. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

C. All buildings, structures and sites shall be recognized as products of their own time.

Alterations that have no historic basis and that seek to create an earlier appearance shall be discouraged.

D. Changes, which may have taken place in the course of time, are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.

E. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure or site, shall be treated with sensitivity.

F. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

G. The surface cleaning of structures shall be undertaken with the gentlest means possible.

Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken, without prior approval of the historic preservation advisory committee.

H. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any acquisition, protection, stabilization, preservation, rehabilitation, restoration or reconstruction project. (Ord. 2710 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7711)

17.56.120 Role of building official.

A. The building official shall refuse to issue all building or sign permits based upon an application disapproved by the historic preservation advisory committee, unless such application is later approved by the city council. The building official may approve any application approved or conditionally approved by the committee at such time as any conditions specified in such conditional approval are clearly indicated by the applicant on the plans presented to the building official for approval. If an appeal to the city council is filed within ten days from the date of committee approval of an application, no permit shall be issued until the outcome of said appeal is finally determined by the city council.

B. After a building permit has been issued, the building official or his/her designee shall from time to time inspect the construction, alteration or enlargement approved by the committee and shall take such action as is necessary to assure compliance with the approved plans. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7712)

17.56.130 Separability.

The provisions of this chapter shall be deemed to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not impair any of the remaining provisions. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001: prior code § 7707)
RESOLUTION NO. 2022-30
RESOLUTION NO. 2022-30

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF VISALIA, RECOMMENDING APPROVAL OF ZONING TEXT AMENDMENT NO. 2022-01,

A REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE CHAPTER 17.56 (HISTORIC PRESERVATION DISTRICT) AS TO: A) REQUIRING “BACKGROUND” CLASSIFIED LOCAL REGISTER STRUCTURES LOCATED

OUTSIDE THE HISTORIC DISTRICT TO UNDERGO HISTORIC PRESERVATION

ADVISORY COMMITTEE (HPAC) REVIEW FOR EXTERIOR ALTERATION

REQUESTS, B) GRANTING THE HPAC THE ABILITY TO DENY DEMOLITION

REQUESTS FOR ANY PROPERTY WITHIN THE HISTORIC DISTRICT AND/OR

LISTED ON THE LOCAL REGISTER, C) ADDING DEFINITIONS FOR LOCAL

EVALUATION OF FENCING PROPOSALS WITHIN THE HISTORIC DISTRICT AND/OR

ON THE LOCAL REGISTER, E) LIMITING THE PERCENTAGE OF PAVED SURFACES

ALLOWED WITHIN FRONT YARD SETBACK AREAS FOR PROPERTIES WITHIN THE HISTORIC DISTRICT AND/OR ON THE LOCAL REGISTER; AND F) CHANGING THE FREQUENCY OF LOCAL REGISTER REVIEWS. THE PROJECT AREA IS CONTAINED WITHIN THE CITY OF VISALIA’S HISTORIC DISTRICT AND LOCAL REGISTER OF HISTORIC STRUCTURES.

WHEREAS, Zoning Text Amendment No. 2022-01 is request by the City of Visalia to amend Visalia Municipal Code Chapter 17.56 (Hist oric Preservation District) as to: A) requiring “Background” classified Local Register structures located outside the Historic District to undergo Historic Preservation Advisory Committee (HPAC) review for exterior alteration requests, B) granting the HPAC the ability to deny demolition requests for any property within the Historic District and/or listed on the Local Register, C) adding definitions for Local Register classifications, D) adding specific criteria for the evaluation of fencing proposals within the Historic D istrict and/or on the Local Register, E) limiting the percentage of paved surfaces allowed within front yard setback areas for properties within the Historic District and/or on the Local Register; and F) changing the frequency of Local Regis ter reviews. The project area is contained within the City of Visalia’s Historic District and Local Register of Historic Structures. The specific amendments are specified in Attachment “A” of this Resolution; and

WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and

WHEREAS, the Historic Preservation Advis ory Committee of the City of Visalia, after duly published notice, held a public hearing before said Committee on May 26 , 2022; and

WHEREAS, the Historic Preservation Advisory Committee of the City of Visalia considered the Zoning Text Amendment in accordance with Section 17.56.050.B of the Zoning Ordinance of the City of Visalia , and based on evidence contained in the staff report and testimony presented at the public hearing , recommended approval of the Zoning Text Amendment to the Visalia Planning Commission , via approval of HPAC No. 2022-11; and,

RESOLUTION NO. 2022-30

WHEREAS, the Planning Commission of the City of Visalia, after duly publi shed notice, held a public hearing before said Commission on July 11, 2022; and

WHEREAS, the Planning Commission of the City of Visalia cons idered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony pres ented at the public hearing.

NOW, THEREF ORE, BE IT RESOLVED that the Pl anning Commission recommends that the City Council concur that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15 061(b)(3) (common sense exemption).

BE IT FURTHER RESOLVED that the Planning Commission of the City of Visalia recommends approval to the City Council of the proposed Zone Text Amendment based on the following specific findings and evidence presented:

1. That the proposed development is consis tent with the Zoning Ordi nance, the Historic Preservation Element, and the Visalia General Plan, as described in the following Historic Preservation Element objectives and policies:

Historic Preservation Element Objective H-O-1 – Assure the recognition of the City’s history through the preservation of historic sites, structures and featuring zoning overlay desi gnation and discretionary review procedures for the Historic District.

Historic Preservation Element Policy H-P-9 – Periodically survey historic resources and nominate historically and/or architecturally significant sites, structures, and neighborhoods to the Local Register of Historic Structures and/or Historic Distr ict, State of California Invento ry of Historic Resources, National Register of Historic Places to ensure they are protected.

Historic Preservation Element Policy H-P-10 – Regularly review the Local Register of Historic Structures to ensure that properties are appropriately listed.

2. That the proposal will not be injurious to the character or overall uniformity of the Historic District and Local Register of Historic Structures.

3. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

BE IT FURTHER RESOLVED that t he Planning Commission of the City of Visalia recommends approval to the City Council of the Zone Text Amendment described herein in Attachment “A”, in accordance with the terms of this resolution and under the provisions of Section 17.44.070 of the Ordinance Code of the City of Visalia.

RESOLUTION NO. 2022-30
Resolution No. 2022-30

ATTACHMENT A

Zoning Text Amendment (ZTA) No. 2022-30, Historic Preservation Ordinance Update. Changes to City of Visalia Municipal Code Title 17 – Chapter 17.56 (Historic Preservation District Ordinance) , as specified by underline & italics for additions and strikeout for deletions.

A. Update the Ordinance so that exterior alterations to “Backg round” Local Register structures located outside the Historic District are subject to HPAC review.

Recommended Changes to Zoning Ordinance:
• 17.56.040 Regulation of structures.

No structure shall be constructed, altered or enlarged that is located in the historic district or that is listed as an "exceptional" or "focus" structure on the local register and is located outside the historic district , unless such a permit is issued pursuant to the terms of this chapter. No structure listed on the local register shall be moved or demolished unless a permit is issued pursuant to the terms of this chapter.
• 17.56.050.C.3: It shall be the duty of the historic preservation advisory committee to review all applications for the construction or exterior alteration or enlargement of structures within the historic district or for structures located outside the historic district and listed as "exceptional" or "focus" structures on the local register. The committee shall have the power to a pprove, modify or disapprove such a pplications before a building permit can be issued, subject to the provisions of Sections 17.56.100 and 17.56.110.
• 17.56.050.C.4: It shall be the duty of the historic preservation advisory committee to review all applicat ions for sign permits within the hi storic district or for properties located outside the historic district and listed as "exceptional" or "focus" on the local register. The committee may recommend approval, conditional approval or denial of the sign permit application based upon the proposed design and/or materials, but not upon the proposed size or location.

The application shall then be presented to the proper issuing authority for sign permits, pursuant to Chapter 17.48. Sign permits shall be issued only in compliance with the recommendat ion of the committee. Approval by the committee in no way implies approval by the issuing authority for sign permits, whose approval must also be secured pursuant to Chapter 17.48. • 17.56.110 Local register structures.

This section contains criteria for r eviewing all applications for building permits for exterior rehabilitation, renovation, alteration, reconstruction, or enlargement of any local register structure within the historic district, or any "exceptional" or "focus" local register structure outsid e the historic district , and for any interior modification that requires the issuance of a building permit for a publicly owned and publicly accessible local register structure. In reviewing an application, the RESOLUTION NO. 2022-30
historic p reservation advisory committee shal l consider the following general standards and principles:

B. Grant the HPAC the ability to deny demolition requests for any property within the Historic District or Local Register, regardless of classification.

Recommended Changes to Zoning Ordinance:
• 17.56.050.C.5: It shall be the duty of the historic preservation advisory committee to review all applications for the moving or demolition of structures in the historic district or listed on the local register. The committee shall have the power to approve, con ditionally approve, or disapprove such applications, subject to the provisions of Section 17.56.130.
• 17.56.070.B.3: In the case of local register structures that have been classified as "exceptional," the The committee may deny an application for demolition, after the six -month moratorium has expired . Denial of a demolition permit by the committee is subject to appeal to the city council pursuant to Section 17.56.060.

C. Addition of language to the Historic Preservation Ordinance defining the “Exceptional”, “F ocus” and “Background” classifications of the Local Register.

This designation is inclusive of all struc tures and features located within the boundaries of the property for which the local register designation has been applied.
o “Local register, Background” means properties that may not be historically significant or unique in their construction, but which co ntribute positively to the “visual fabric” of the City of Visalia.
o “Local register, Exceptional” means properties with preeminen t historical significance, considered for nomination to the National Register of Historic Places.
o “Local register, Focus” means properties having significant value, of good to excellent quality, considered for local recognition and protection.

D. Removal of l anguage regarding specific fencing types, in favor of general language requiring consideration based on style and context:

Recommended Changes to Zoning Ordinance:
• 17.56.100 Building design compatibility criteria.
o E. Walls of Continuity. Physical ingre dients such as brick walls, wrought iron fences, and evergreen landscape masses should be used to form continuous cohesive walls of enclosure along the street. o FE. Landscaping.
o GF. Directional Expression of Front Elevations.

RESOLUTION NO. 2022-30
• 17.56.120 Fencing and wall design criteria.

This section contains criteria for reviewing all applications for new fencing and walls within the historic district or on the local register, and for any application for rehabilitation, renovation, alteration, reconstruction, or enlargeme nt of fencing and walls within the historic district or on the local register. In reviewing an application, the hi storic preservation advisory committee shall consider the following general standards and principles:

A. Fencing proposals sh all be used to form continuous cohesive walls of enclosure along the street, and shall be compatible with the architectural style of the main building and historic district.

B. If historic walls or fencing exist on a property, preference should be given to repair of the existing fencing or wall to restore its original appearance to the extent possible . If removal and replacement of historic fencing and walls is proposed, preference should be given to the use of like materials to preserve the appearance of the original fencing or wall.

C. Proposals for new fencing or walls should be compatible with the character and architectural elements of the historic structure onsite and its period of original construction.

D. Appropriate materials for fencing and walls shall include, but not be limited to, landscape masses, w ood, wood pickets, wrought iron, cast iron, masonry walls, brick, stone, decorative wire, and vinyl materials that mimic the appearance of painted wood.

E. Proposals for chain link fencing in areas visible f rom the street shall be discouraged. The historic preservation advisory committee may grant an application for chain link fencing along public streets if, on the basis of the application and the evidence submitted, the committee makes one of the following findings:

1. That the propo sed chain link fencing is compatible with the historic structure and the neighborhood;

2. That sufficient evidence has been provided indicating that the applicant will experience an economic hardship should the chain link fencing not be permitted to be placed onsite;
• 17.56.120 17.56.130 Role of building official.
• 17.56.130 17.56.140 Separability.

E. Inclusion of language requiring historically designated sites to maintain a minimum 50% of front yard areas for landscaping purposes.

Recommended Changes to Zoning Ordinance:
• 17.56.050.C:
o 8. Sites within the historic district or on the local register shall reserve a minimum 50% of the required front yard setback area for the purposes of landscaping. This shall include non-living ground cover and turf.

RESOLUTION NO. 2022-30
F. Modification of language requiring the annual review of the Local Register of Historic Structures.

Recommended Changes to Zoning Ordinance:
• 17.56.050.C.6: It shall be the duty of the historic preservation advisory committee to compile and update the historic survey and inventory, and to nominate properties to the local register and the National Register of Historic Places. In selecting properties for nomination to the local register, the board shall consider:
a. Architectural significance and style;
b. Histor ic significance, including age of structure, original owners, and events related to the structure, site or original owners.
c. The committee shall review the local register annually every five years, make recommendations for the addition or deletion of structures or sites, and submit said recommendations to the planning commission and city council for certification.

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Hwy 198
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May 27, 2022

City of Visalia
315 E. Acequia Avenue
Visalia, CA 93291
RE: Historic Preservation Advisory Committee No. 2022-11 (Historic Preservation District Ordinance Update)
On May 26, 2022, the Historic Preservation Advisory Committee (HPAC) reviewed your request to update Visalia Municipal Code Chapter 17. 56 (Historic Preservation District Ordinance). The HPAC recommended approval of the request to the Visalia Planning Commission based upon the following findings and conditions:

Findings:

1. That the proposed development is consistent with the Zoning Ordinance and the Historic Preservation Element of the Visalia General Plan.

2. That the proposal will not be injurious to the character or overall uniformity of the Historic District and Local Register of Historic Structures.

The Historic Preservati on Advisory Committee ’s recommendation on Historic Preservation Advisory Committee No. 2022 -11 is advisory only and is automatically referred to the Visalia Planning Commission , which shall provide a recommendation to the Visalia City Council. The City Council has final authority over the project.

If you have any questions, please contact me at (559) 713 -4443 or e -mail [email protected]

Regards,

Cristobal Carrillo,
Associate Planner

City of Visalia Planning Division
315 E. Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4359; Fax: (559) 713-4814

Visalia City CouncilAugust 1, 2022

Visalia City Council
August 1, 2022