HomeMy WebLinkAboutR-11511 approving a Mills Act Historic Property Preservation Agreement for The Brecheen House (1133 Pismo Street, HIST-0211-2024)R 11511
RESOLUTION NO. 11511 (2024 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 BRECHEEN HOUSE AT 1133 PISMO STREET
(APPLICATION NO. HIST-0211-2024)
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, Christopher David Frago and Heidi A Howland-Frago are the owners
of that certain qualified real property, together with associated structures and
improvement thereon, located on Assessor’s Parcel Number 003-545-004, located at
1133 Pismo Street, in the City of San Luis Obispo, California, also described as The
Brecheen 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 in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on June 24, 2024, for the purpose of reviewing the proposed
historic property preservation agreement, and recommended that the City enter into the
agreement; and
Docusign Envelope ID: 638444FA-6FC2-4C36-997C-7D525C631CCC
Resolution No. 11511 (2024 Series) Page 2
R 11511
WHEREAS, the City Council held a public meeting in the Council Chamber of City
Hall, 990 Palm Street, San Luis Obispo, California, on August 20, 2024, 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 Brecheen House, located at 1133 Pismo Street, has been recognized as
a historic asset in the community by its designation as a Master List Historic
Property by the City Council on November 15th, 2022 (Resolution 11372). 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 Agreement between the City
of San Luis Obispo and the Owners of the Historic Property Located at 1133 Pismo
Street,” to be entered into by the City and the property owners, Christopher David Frago
and Heidi A Howland-Frago, attached hereto as “Exhibit A.”
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.
Docusign Envelope ID: 638444FA-6FC2-4C36-997C-7D525C631CCC
Resolution No. 11511 (2024 Series) Page 3
R 11511
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 Francis, seconded by Council Member Shoresman,
and on the following roll call vote:
AYES: Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and
Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 20th day of August 2024.
___________________________
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
Docusign Envelope ID: 638444FA-6FC2-4C36-997C-7D525C631CCC
8/26/2024 | 7:39 AM PDT
CERTIFICATION
I, Teresa Purrington, City Clerk, do hereby certify under penalty of perjury the
foregoing instrument to be a full, true, and correct copy of Resolution No. 11511 (2024
Series), adopted by the San Luis Obispo City Council on August 20, 2024, now on file in
my office.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SAN LUIS OBISPO.
DATED: August 21, 2024
Teresa Purrington
City Clerk
City of San Luis Obispo
Docusign Envelope ID: 638444FA-6FC2-4C36-997C-7D525C631CCC