HomeMy WebLinkAboutR-10684 - APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND OWNERS OF THE FALKENSTEIN HOUSE AT 1445 BROAD STREETRESOLUTION NO. 10684 (2016 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND OWNERS OF THE FALKENSTEIN HOUSE AT 1445
BROAD STREET
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, the owners possess fee title in and to that certain qualified real property,
together with associated structures and improvement thereon, located on Assessor's Parcel
Number 003 -531 -017, located at 1445 Broad Street, San Luis Obispo, California, also described
as the Falkenstein House (hereinafter referred to as the "historic property "); 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, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on November 23, 2015, for the purpose of reviewing the proposed historic property
preservation agreement, and recommended that the Council enter into the agreement; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
Resolution No. 10684 (2016 Series) Page 2
WHEREAS, the City Council held a hearing on January 5, 2016, in the Council
Chamber at 990 Palm Street of the City of San Luis Obispo as part of its regularly scheduled
meeting for the purpose of considering approval of the historic 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.
NOW THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findint„s. 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 Falkenstein House, located at 1445 Broad Street, has been recognized as a
historic asset in the community by its designation as a Master List Historic
Property. 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 by § 15378 of the California Environmental
Quality Act and are exempt from environmental review.
SECTION 3. Historic Preservation AUeement Approved . The City Council hereby
approves the "Historic Preservation Agreement Between the City of San Luis Obispo and the
Owners of the Historic Property Located at 1445 Broad Street ", and entered into between the
City and owners, Francis X. and Aline V. Cullen.
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.
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.
Resolution No. 10684 (2016 Series)
Page 3
Upon motion of Council Member Ashbaugh, seconded by Council Member Christianson, and on
the following roll call vote:
AYES: Council Members Ashbaugh, Christianson, and Rivoire,
Vice Mayor Carpenter and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 5th day of January, 2016.
May r an Marx
ATTEST:
APPROVED AS TO -FORM:
f
3. Christine D
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this I q day of j"ycr!j ,