HomeMy WebLinkAboutR-11292 approving a Mills Act Contract with the owners of 201 Buena VistaR 11292
RESOLUTION NO. 11292 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY AND THE
OWNERS OF THE KENNETH AND MARTHA SCHWARTZ HOUSE AT
201 BUENA VISTA AVENUE (APPLICATION NO. HIST-0748-2021)
WHEREAS, the City Council of the City of San Luis Obispo is authorized by
California Government Code § 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 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 Program Guidelines; and
WHEREAS, Thomas G. Brajkovich and Mary Kay Harrington are the owners of
that certain qualified real property, together with associated structures and improvement
thereon, located on Assessor’s Parcel Number 052-131-010, located at 201 Buena Vista
Avenue, in the City of San Luis Obispo, California, also described as the Kenneth and
Martha Schwartz House; and
WHEREAS, the City and Owners, for their mutual benefit, now desire to enter into
an 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 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, the Cultural Heritage Committee of the City of San Luis Obispo
conducted a public hearing via teleconference from the City of San Luis Obispo,
California, on November 8 for the purpose of reviewing the proposed historic property
preservation agreement, and recommended that the City enter into the agreement ; and
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WHEREAS, the City Council conducted a public hearing via teleconference from
the City of San Luis Obispo, California, on December 7, 2021 for the purpose of
considering approval of the historic property preservation agreement, and has duly
considered all evidence, including the record of the Cultural Heritage Committee hearing
and recommendation, testimony of the applicant and interested parties, and the
evaluation and recommendation by staff, present at said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the
manner required by law.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. Conservation and Open Space Element Program 3.6.2 states that the City will
participate in financial assistance programs such as property tax reduction
programs that encourage maintenance and restoration of historic properties.
2. The Kenneth and Martha Schwartz House, located at 201 Buena Vista Avenue,
has been recognized as a historic asset in the community by its designation as
a Master List Historic Property by the City Council on September 7, 2021
(Resolution 11274). As such, maintaining the structure 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 Element.
SECTION 2. Environmental Determination. The City Council has determined that
the above actions do not constitute a project, as defined in California Environmental
Quality Act Guidelines § 15378 and are not subject to environmental review.
SECTION 3. Historic Property Preservation Agreement Approved . The City
Council hereby approves the “Historic Property Preservation Agre ement between the City
of San Luis Obispo and the Owner s of the Historic Property Located at 201 Buena Vista
Avenue,” to be entered into by the City and the property owner s, Thomas G. Brajkovich
and Mary Kay Harrington.
SECTION 4. Community Development Director Authorized to Sign Agreement for
City. The City Council hereby authorizes the Community Development Director to execute
said agreement on behalf of the Council of the City of San Luis Obispo.
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SECTION 5. Recordation of the Agreement. No later than twenty (20) days after
the parties enter into said agreement, the City Clerk shall cause the agreement to be
recorded in the Office of the County Recorder of the County of San Luis Obispo.
On motion of Vice Mayor Christianson, seconded by Council Member Shoresman,
and on the following roll call vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 7th day of December 2021.
___________________________
Mayor Erica A. Stewart
ATTEST:
_________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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12/13/2021 | 4:48 PM PST