HomeMy WebLinkAboutr 10428 historic property preservationagreementbetcityslo&ownersof1144palmstRESOLUTION NO .10428 (2013 Series)
A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATIO N
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND OWNERS OF A
DESIGNATED HISTORIC RESOURCE AT 1144 PALM STREET ,
IN SAN LUIS OBISPO
WHEREAS,the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq.(known as "the Mills Act") to enter into contracts wit h
the owners of qualified historical properties to provide for appropriate use, maintenance, an d
rehabilitation such that these historic properties retain their historic characteristics ; an d
WHEREAS,the City Council has adopted Resolution No . 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an on-going histori c
preservation program to promote the preservation, maintenance and rehabilitation of histori c
resources through financial incentives ; and
WHEREAS,the owners possess fee title in and to that certain qualified real property ,
together with associated structures and improvements thereon, located on Assessor's Parce l
Number 002-235-010, located at 1144 Palm Street, San Luis Obispo, California 93401, als o
described as the Historic Payne Residence, (hereinafter referred to as the "historic property");
and
WHEREAS,the City Council of the City of San Luis Obispo has designated thi s
property as a historic resource of the City of San Luis Obispo pursuant to the policies in th e
City's Historic Preservation Ordinance ; an d
WHEREAS,the City and owners, for their mutual benefit, now desire to enter into thi s
agreement to limit the use of the property to prevent inappropriate alterations and to ensure tha t
character-defining features are preserved and maintained in an exemplary manner, and repair s
and/or improvements are completed as necessary to carry out the purposes of Californi a
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 Revenu e
and Taxation Code ; an d
WHEREAS,as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on February 25, 2013 to consider a request by Michael and Judy Wise, owners o f
1144 Palm Street ; and
WHEREAS,the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Developmen t
Department, public testimony, the staff report, and the City's Historical Preservation Ordinance .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
R 10428
Resolution No . 10428 (2013 Series )
Page 2
SECTION 1 .Findings .The City Council makes the following findings :
1.Conservation and Open Space Element program 3 .6 .2 indicates the City will participat e
in financial assistance programs such as property tax reduction programs that encourag e
maintenance and restoration of historic properties .
2.The Payne Residence located at 1144 Palm Street, has been recognized as a historic asse t
in the community by its designation as a Master List Historic Property . As such, maintainin g
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 .Historic Preservation Agreement Approved .The City Council hereb y
approves the "Historic Preservation Agreement Between the City of San Luis Obispo and th e
Owners of the Historic Property Located at 1144 Palm Street", and entered into between the Cit y
and owners, Michael and Judy Wise .
SECTION 3 .Mayor Authorized to Sign Agreement for City .The City Council hereb y
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Lui s
Obispo .
SECTION 4 .Environmental Determination .The City Council has determined that th e
above actions do not constitute a project, as defined by Section 15378 of the Californi a
Environmental Quality Act and are exempt from environmental review .
SECTION 5 .Recordation of the Agreement .No later than twenty (20) days after th e
parties enter into said agreement, the City Clerk shall cause this agreement to be recorded in th e
Office of the County Recorder of the County of San Luis Obispo .
Upon motion of Vice Mayor Smith, seconded by Council Member Carpenter, and on th e
following roll call vote :
AYES :
Council Members Ashbaugh and Carpenter, Vice Mayor Smith an d
Mayor Marx
NOES :
Non e
ABSENT : None
Resolution No . 10428 (2013 Series )
Page 3
The foregoing resolution was adopted this 2"d day of April 2013 .
ATTEST :
City Clerk
APPROVED AS TO FORM :
. Christine Dietric k
City Attorney