HomeMy WebLinkAboutR-10786 - Resolution approving a historic property preservation agreement between the city and owner of the Michael C. Halpin House at 116 Chorro StreetRESOLUTION NO. 10786 (2017 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 MICHAEL C. HALPIN HOUSE AT 116 CHORRO
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, Robert Harper ("Owner") is the owner of that certain qualified real property,
together with associated structures and improvement thereon, located on Assessor's Parcel
Number 001-022-019, located at 116 Chorro Street, San Luis Obispo, California, also described
as the Michael C. Halpin House (hereinafter referred to as the "historic property"); and
WHEREAS, the City and Owner, 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
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 February 27, 2017, 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
WHEREAS, , the City Council held a hearing on April 4, 2017, 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
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Resolution No. 10786 (2017 Series) Page 2
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. 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 Michael C. Halpin House, located at 116 Chorro 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 March 10, 2010 (Resolution No. 10153). 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 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 116 Chorro Street", and entered into
between the City and owner, Robert Daniel Harper.
SECTION 4. Community Development Director Authorized to Sian 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.
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Resolution No. 10786 (2017 Series)
Page 3
Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the
following roll call vote:
AYES: Council Members Christianson, Gomez and Pease,
Vice Mayor Rivoire and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 41 day of April 2017.
/Mor idi Harmo
ATTEST:
A
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
pristine Dietrick
ty Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and,affixed the official seal of the City
of San Luis Obispo, California, this day of , 2017.
Carrie Gallagher
City Clerk
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