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HomeMy WebLinkAboutItem 6c. Mills Act Historical Contract for The Call Hotel at 1703 Santa Barbara Ave. (HIST-0616-2022) Item 6c Department: Community Development Cost Center: 4003 For Agenda of: 5/2/2023 Placement: Consent Estimated Time: N/A FROM: Michael Codron, Community Development Director Prepared By: Walter Oetzell, Assistant Planner SUBJECT: REVIEW OF A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR THE CALL HOTEL AT 1703 SANTA BARBARA AVENUE (HIST-0616- 2022) RECOMMENDATION As recommended by the Cultural Heritage Committee, adopt a Draft Resolution entitled, “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 owner of the Call Hotel at 1703 Santa Barbara Avenue (Application No. HIST-0616-2023)” under the terms described in the draft agreement. POLICY CONTEXT The recommended action on this item is supported by historical preservation policies set out in § 3.0 of the Conservation and Open Space Element of the City’s General Plan, particularly Program 3.6.2, regarding participation in financial incentive programs to encourage maintenance and restoration of historic properties, and also with the purpose of encouraging private stewardship of historic buildings through incentives, as provided by § 14.01.010 (B)(3) of the City’s Historic Preservation Ordinance. DISCUSSION The owner of the Call Hotel at 1703 Santa Barbara Avenue (Figure 1) submitted an application to enter into a Mills Act historical property contract with the City (see Draft Agreement, Attachment B). Known variously as the Call Hotel, the Parkview Hotel, and today as “The Establishment,” it has served as a hotel and as a boarding house, its current use. The applicant provides additional Historical Background (see Request Letter, Attachment C) for the building, describing its relationship to former owners Silas and Nancy Call, and an original location on Morro Street (near Palm). It was included on the Master Inventory of Historic Structures established in 1983 with the adoption of Resolution 5197. Figure 1: The Call Hotel Page 21 of 349 Item 6c The Mills Act Program The Mills Act Program enables California cities to enter contracts with owners of historical property (as designated by a legislative body) to provide them with tax relief in exchange for an agreement to actively participate in the restoration and maintenance of historical resources. A Mills Act contract is effective for an initial 10-year period and then is automatically extended annually for an additional year, unless, after the initial term, either the City or the owner, by written notice, decides not to renew the contract. During the effective term of the contract, the property owner must improve , rehabilitate, or maintain the property consistent with the U.S. Secretary of the Interior’s Standards for Rehabilitation, and provide visibility of the historical resource from the public right -of-way. The Conservation and Open Space Element (COSE) of the General Plan describes the City’s goals and policies for the protection of cultural resources. It is the City’s policy that significant historic resources be rehabilitated and preserved (COSE § 3.3). Participation in the Mills Act Program is one of the means by which the City encourages the maintenance and restoration of historic properties (COSE § 3.6.2). A property must be on the City’s Master List of Historic Resources in order to be enrolled in the program. Currently, there are 64 properties participating in the program, with the last request approved by the Council in July 2022. Previous Council or Advisory Body Action On March 27, 2023, the Cultural Heritage Committee reviewed this application for participation in the Mills Act Historic Preservation Program, and the terms of the draft preservation contract, and by a vote of 4-0-2 (two Commissioners absent, one vacancy), recommended that the Council approve the contract. Public Engagement Public notice of this hearing has been provided to owners and occupants of property near the subject site, and published in The New Times and posted on the City’s website. The agendas for this meeting have been posted at City Hall and online, consistent with adopted notification procedures for development projects. ENVIRONMENTAL REVIEW Entering into a “Mills Act Contract” with the owners of historical property is not subject to the provisions of the California Environmental Quality Act (CEQA) because it is not a project as defined in CEQA Guidelines § 15378 (Definitions – Project). Implementation of the Mills Act is a government fiscal activity which does not involve commitment to any specific project resulting in a potentially significant physical impact on the environment (CEQA Guidelines § 15378 (b) (4)). FISCAL IMPACT Budgeted: No Budget Year: 2022-2023 Funding Identified: No Page 22 of 349 Item 6c Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A $ $ $ State Federal Fees Other: Total $ $0 $ $0 After the Mills Act contract is recorded, the County Assessor values the property by an income capitalization method, following guidelines provided by the State Board of Equalization. Because of the timing and the method of valuing the restricted property, it is difficult to accurately estimate the tax savings and resulting fiscal impacts to the City under a particular historical property contract. However, the Office of Historic Preservation (California Department of Parks and Recreation) estimates that property owners participating in the program may realize property tax savings of between 40% and 60% each year for newly improved or purchased older properties. The City’s property tax revenue will be reduced accordingly. ALTERNATIVES 1. Decline to enter into a Mills Act Historical Property Contract with the property owner. This alternative is not recommended. The contract provides a tax relief incentive that is a tool for achieving the City’s goals for historical preservation. 2. Continue consideration of the request to a future date for additional information or discussion ATTACHMENTS A - Draft Resolution approving a Mills Act Contract for 1703 Santa Barbara Ave. B - Draft Historic Property Preservation Agreement (HIST-0616-2022) C - Applicant Request Letter (HIST-0616-2022) Page 23 of 349 Page 24 of 349 RESOLUTION NO. ____ (2023 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 OWNER OF THE CALL HOTEL AT 1703 SANTA BARBARA AVENUE (APPLICATION NO. HIST-0616-2023) 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 ongoing 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, The Lobby, LLC is the owner of that certain qualified real property, together with associated structures and improvement thereon, located on Assessor’s Parcel Number 003-552-006, located at 1703 Santa Barbara Avenue, in the City of San Luis Obispo, California, also described as The Call Hotel; and WHEREAS, the City and Owner, 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 in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 27, 2023, for the purpose of reviewing the proposed historic property preservation agreement, and recommended that the City enter into the agreement; and Page 25 of 349 Resolution No. _____ (2023 Series) Page 2 R ______ WHEREAS, the City Council conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on May 2, 2023, 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: a) 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. b) The Call Hotel, located at 1703 Santa Barbara 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 August 16, 1983 (Resolution 5197). 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 Ca lifornia 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 Agreement between the City of San Luis Obispo and the Owner of the Historic Property Located at 1703 Santa Barbara Avenue,” to be entered into by the City and the property owner, The Lobby, LLC. 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. Page 26 of 349 Resolution No. _____ (2023 Series) Page 3 R ______ 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 Council Member ______________, seconded by Council Member ______________, and on the following roll call vote: AYES: NOES: REFRAIN: ABSENT: The foregoing resolution was passed and adopted this ______ day of __________ 2023. ___________________________ 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 Page 27 of 349 Page 28 of 349 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC PROPERTY LOCATED AT 1703 SANTA BARBARA AVENUE, IN THE CITY AND THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this ________ day of ________ , 2023, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the “City”), and The Lobby, LLC (hereinafter referred to as “Owner”), and collectively referred to as the “parties.” Section 1. Description of Preservation Measures. The Owner, their heirs, or assigns hereby agrees to undertake and complete, at their expense, the preservation, maintenance, and improvements measures described in “Exhibit A” attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement’s effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non-renewal. a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as “annual renewal date”), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. c. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal. d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: Page 29 of 349 Historic Preservation Agreement 1703 Santa Barbara Avenue Page 2 a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the building and its character-defining features, including: the building’s general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building’s historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the appearance of the building’s exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. b. The building’s interior closely relates to the property’s eligibility as a qualified historic property. The Owner agrees to allow pre-arranged tours on a limited basis, to the approval of the Community Development Director or his designee. c. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character-defining architectural features such as oak and mahogany details, pillars and arches, special tile work, or architectural ornamentation to the greatest extent possible. d. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s use or commencing construction work. e. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. f. The following are prohibited: demolition or partial demolition of the historic building; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure, or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance, and design as determined by the Community Development Director. g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to determine the owner’s compliance with the terms and provisions of this agreement. Page 30 of 349 Historic Preservation Agreement 1703 Santa Barbara Avenue Page 3 Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly-noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 ½% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. b. If the historic building is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Page 31 of 349 Historic Preservation Agreement 1703 Santa Barbara Avenue Page 4 Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic building located at 1703 Santa Barbara Avenue, San Luis Obispo, California, Assessors Parcel Number 003-556-006, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declares their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owner: The Lobby, LLC 1243 Palm St San Luis Obispo CA 93401 Section 10. General Provisions. a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or other person acting on the Owner’s behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been caused by, reason of the Owner’s activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees. Page 32 of 349 Historic Preservation Agreement 1703 Santa Barbara Avenue Page 5 c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications, or other documents for the historic property. d. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring an y part or portion of the historic property, whether by operation of law or in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. g. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. Page 33 of 349 Historic Preservation Agreement 1703 Santa Barbara Avenue Page 6 IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day and year written above. OWNER ____________________________________ ______________________________ Name: Date Lobby, LLC CITY OF SAN LUIS OBISPO ____________________________________ ______________________________ Michael Codron Date Community Development Director ATTEST: ___________________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: ____________________________________ J. Christine Dietrick, City Attorney ALL SIGNATURES MUST BE NOTARIZED Page 34 of 349 Historic Preservation Agreement 1703 Santa Barbara Avenue Page 7 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR THE CALL HOTEL LOCATED AT 1703 SANTA BARBARA AVENUE, SAN LUIS OBISPO, CALIFORNIA 1. Owner shall preserve, maintain, and repair the historic building, including its character- defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property located at 1703 Santa Barbara Avenue. Character-defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. 2. Owner agrees to make the following improvements and/or repairs during the term of this contract but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent with the City’s Historic Preservation Ordinance and the Secretary of the Interior’s Standards for the Treatment of Historic Properties:  Termite tenting and pest treatment;  Foundation improvements, including additional supports, correction of settling, repair of cripple walls (including installation of shear walls) where necessary;  Repair or reconstruction, as appropriate, of the rear stairway;  Repair or replacement, as appropriate, of original double-hung windows that are not functional;  Repair or reconstruction, as appropriate, of two brick chimneys;  Repair of water damage to interior surfaces;  Repair of cracking in walls (due to shifting of the building)  Repair of the historic building façade;  General maintenance and upkeep, including painting and gutter repair or replacement. OWNER ____________________________________ ______________________________ Name: Date The Lobby, LLC Page 35 of 349 Historic Preservation Agreement 1703 Santa Barbara Avenue Page 8 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo } On __________________ , before me ______________________________________________ , Date Name and Title of the Officer personally appeared, ____________________________________________________________ , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo } On __________________ , before me ______________________________________________ , Date Name and Title of the Officer personally appeared, ____________________________________________________________ , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above Page 36 of 349 Page 37 of 349 Page 38 of 349 Page 39 of 349 Page 40 of 349 Page 41 of 349 Page 42 of 349 1010 Marsh St., San Luis Obispo, CA 93401 (805) 546-8208 . FAX (805) 546-8641 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of San Luis Obispo, I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party interested in the above entitled matter, I am the principal clerk of the printer of the New Times, a newspaper of general circulation, printed and published weekly in the City of San Luis Obispo, County of San Luis Obispo, and which has been adjudged a newspaper of general circulation by the Superior Court of the County of San Luis Obispo, State of California, under the date of February 5, 1993, Case number CV72789: that notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: in the year 2023. I certify (or declare) under the the penalty of perjury that the foregoing is true and correct. Dated at San Luis Obispo, C rnia, this day --of Aptit k 2023. Patricia Horton, New Times Legals Proof of Publication of SAN LUIS OBISPO CITY COUNCIL NOTICE OF PUBLIC HEARING The San Luis Obispo City Council invites all interested persons to attend a public hearing on Tuesday. May 2, 2023 a45:30 p.m. in the Council Chambers at City Hall, 990 Palm Street San Luis Obispo. Meetings can be viewed remotely on Government Access Channel 20 or streamed live from the City's YouTube channel at 4amthoutubg.slo.city. Public comment prior to the xtart of the meeting, may be submitted in writing via U.S. Mail delivered to the City Clerk's office at 990 Palm Street, San Luis Obispo, CA 93401 or by email to eemp ilcouncQzlocity.om. PUBLIC HEARING ITEMS: As recommended by the Cultural Heritage Committee, adopt a Resolution approving a Historic Property Preservation Agreement between the City and the owner of The Call Hotel' at 1703 Santa Barbara Street under the terms described in the draft agreement Consideration of eligibility for historic listing is exempt from the provisions of the California Environmental Quality Act ICEQAI under the general rule described in CEQA Guidelines §15061(bHU as it is does not have the potential for causing a significant effect on the environment (1703 Santo Barbara St, HIST-11601-20221 For more information, you are invited to contact Walter Oeteell of the Ws Community Development Department at (805) 781-7593or woetzell®slocity.org • The City Council will hold a Public Hearing to consider the following actions related to the Cannabis Business Program: o Introduce an Ordinance amending the Zoning Map expanding the Cannabis Business Overlay Zones to include recently annexed services, manufacturing, and business park areas along Broad Street in the Airport Area Specific Plan (RZ-0118-2023); and o Introduce an Ordinance amending Chapter 9.10 (Cannabis Regulations) of the Municipal Code adding requirements for owners that lease property to cannabis businesses (CODE-0164- 2023); and o Adopt a Resolution updating cannabis operator permit ranking criteria to clarify potential points awarded during the evaluation of commercial cannabis operator permit applications. For mare information, you are invited to contact Alex Fuchs of the City's Community Development Department at (805) 703-7877 or afuchs@slocitvara The City Council may also discuss other hearings or uusiness items before or after the hems listed above. If you challenge the proposed project in court, you may be limited to raising only those issues you or someone else raised atthe public hearing described in this notice, or m written correspondence delivered to the City Council at, or priorto, the public hearing. Council Agenda Reports for this meeting will be available for review one week in advance of the meeting date on the City's welente, under the Public Meeting Agendasweb page: httsA/wwwslocitva o/ , nmenUmavor-end-city-council/agendas-and- inl nutes. Please call the City Clerk's Office at 1805) 781-7114 for more information. The City Council meeting will be televised live on Charter Cable Channel 20 and live streaming on the City's YouTube channel htto,// outube slo c'N. April 20, 2023