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HomeMy WebLinkAboutr 10478 approving historic property preservation at 863 and 867 pacific streetRESOLUTION NO. 10478 (2013 Series) A RESOLUTION OF THE CITY SAN LUIS OBISPO APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 863 AND 867 PACIFIC STREET WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act'') to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 003-528-019, located at 863 and 867 Pacific Street, San Luis Obispo, California 93401, also described as the Zion Lutheran Church and Parsonage, (hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as a historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Ordinance; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character -defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held public hearings on February 25, 2013 and July 22, 2013, to consider a request by Cayucos Cowboys, LLC, owner of 863 and 867 Pacific Street; and WHEREAS, the City Council has considered the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and the City's Historical Preservation Ordinance. R 10478 Resolution No. 10478 (2013 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council makes the following findings: 1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. 2. Zion Lutheran Church, located at 863 and 867 Pacific Street, has been recognized as an historic asset in the community by its designation as a Master List Historic Property. As such, maintaining the structures, including the main church building and parsonage, will meet the City's goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space EIement. 3. The Historic Resources Inventory clearly indicates the parsonage, a bungalow -type structure with a side -facing gable roof, full front porch, and small shed roof dormer, as a related feature to the Master List property. SECTION 2. Historic Preservation Agreement Approved. The City Council hereby approves the "Historic Preservation Agreement between the City of Sari Luis Obispo and the Owners of the Historic Property Located at 863 and 867 Pacific Street." attached hereto and entered into between the City and owner, Cayucos Cowboys, LLC. SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTIONS. Recordation of the Agreement. No later than twenty (20) days after the parties enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Council Member Ashbaugh, seconded by Council Member Christianson, and on the following vote: AYES: Council Members Ashbaugh, Carpenter and Christianson, Vice Mayor Smith and Mayor Marx NOES: None ABSENT: None Resolution No. 10478 (2013 Series) Page 3 The foregoing resolution was adopted this 19`" day of November 2013. ATTEST: City APPROVED ALTO FORM: J. Christine Di City Attorney