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HomeMy WebLinkAboutR-8589 Establishing Historic Property Tax Incentive ProgramRESOLUTION NO. 8589 (1996 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A HISTORIC PROPERTY TAX INCENTIVE PROGRAM AND AUTHORIZING THE MAYOR TO INITIATE THE PROGRAM WITH THE COUNTY OF SAN LUIS OBISPO. WHEREAS, Article 1.9 of the California Revenue and Taxation Code provides for the differential property tax assessment of certain enforceably restricted properties to encourage historic restoration and preservation; and WHEREAS, the City's General Plan policies encourage the use of talc incentives and other means to encourage property owners to protect, restore and preserve historic buildings; and WHEREAS, tax incentives for qualifying historic properties benefit the entire community and improve the City's appearance by encouraging the preservation and restoration of heritage buildings, fostering pride and reinvestment in neighborhoods, and by defraying a portion of the costs of restoring and maintaining historic structures; and WHEREAS, the City's Cultural Heritage Committee has considered the potential costs and benefits of a property tax incentive program,, and has recommended the establishment of such a program pursuant to State law; and WHEREAS, this City Council has considered the Committee's recommendation and desires to establish a tax incentive program in the City of San Luis Obispo, based on the findings herein described; NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council finds the following: 1. The proposed Historic Property Tax Incentive Program is consistent with the General Plan, and will implement policies therein calling for the protection, restoration, preservation and maintenance of historically significant structures; and 2. The proposed program will benefit the Public by enhancing the Community's appearance and preserving historically significant buildings which help describe and document the Community's heritage; and 3. Adoption of the proposed Program is exempt from environmental review under the City's Environmental Guidelines and under Section 15308 of the California Environmental Quality Act. SECTION 2. Historic Property Tax Incentive Program Established. The Council hereby establishes a pilot tax incentive program known as the "Historic Property Tax Incentive R -8589 Council Resolution No. 8589 (1996 Series) Page 2 Program ", to be administered by the Community Development Director, on advice and recommendation of the Cultural Heritage Committee, subject to State Law and the following local requirements. 1. The purpose of the pilot program is to encourage the restoration, preservation and upkeep of historic structures in the City of San Luis Obispo, including both residential and commercial properties, and to allow the City to evaluate the program prior to establishing an on -going program. 2. Participating properties may be located anywhere in the City. Only those properties listed in the "Master List of Historic Resources ", or those added to the Master List by City Council action, shall be eligible to participate in the tax incentive program. 3. To qualify for the program, owners of eligible properties must enter into a "Mills Act" contract with the City of San Luis Obispo. The City Council shall review, and where appropriate, authorize the Mayor to execute such contracts, subject to the City's Historic Preservation Program goals, policies and preservation guidelines, and subject to the requirements of State law. 4. Mills Act contracts shall include performance standards and /or descriptions of the maintenance, restoration or repairs to be done by the property owner using the expected property tax savings. Restoration and preservation activities shall promote the City's Historic Preservation Program goals and principles. 5. The pilot program shall commence upon the date of execution of the first "Mills Act" contract, and shall continue for one year. During the pilot program, up to 15 contracts may be executed the City Council. After one year of program operation, the Council shall hold a public hearing to review the program to determine its effectiveness and to decide whether to continue the program. A program status report shall be presented to Council on or about their first regular meeting in October, 1997. 6. Upon program review, the Council may amend or terminate the program by resolution, after holding a public hearing and providing appropriate public and property owner notice as required by law. Executed Mills Act contracts shall remain in effect for the minimum term of 10 years, as provided by state law. 7. The Community Development Director shall establish application and review procedures to administer the program. Participation in the program is optional, and shall be at no cost to the property owner. The City may charge reasonable and necessary fees to recover direct costs of executing, filing, and administering historical property contracts. Council Resolution No. 8589 (1996 Series) Page 3 SECTION 3. Authorization to Initiate the Program. The Mayor is hereby authorized to send a letter to the County of San Luis Obispo to initiate the program. On motion of lice Mayor Williams , seconded by Council Member Roalmanand on the following roll call vote: AYES. Council Members Williams, Roalman, Romero and Mayor Settle NOES: None ABSENT: Council Member Smith (not participating) the foregoing Resolution was passed and adopted this 1 st day of October, 1996. Mayor Allen Settle ATTEST: `% 4M, -0,7/vo,/ „1 APPROVED: .=