HomeMy WebLinkAboutR-11293 approving a Mill Act Contract with the owners of 531 Dana StR 11293
RESOLUTION NO. 11293 (2021 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 DANA / BARNEBERG HOUSE AT 531 DANA STREET
(APPLICATION NO. HIST-0572-2021)
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, Brian P. Tuohy and Kristina M. Tuohy, Trustees of the Tuohy Family
Trust, created under a Declaration of Trust dated April 23, 2008, are the owners of that
certain qualified real property, together with associated structures and improvement
thereon, located on Assessor’s Parcel Number 002-402-008, located at 531 Dana Street,
in the City of San Luis Obispo, California, also described as the Dana / Barneberg 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 D ivision 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 via teleconference from the City of San Luis Obispo,
California, on October 25, 2021 for the purpose of reviewing the proposed historic
property preservation agreement, and recommended that the City enter into the
agreement; and
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WHEREAS, the City Council conducted a public hearing via teleconference from
the City of San Luis Obispo, California, on December 7, 2021 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:
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 Dana / Barneberg House, located at 531 Dana 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 June 15, 2021 (Resolution 11255).
As such, maintaining the structure will meet the City’s go als 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 Cali fornia 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 531 Dana Street,”
to be entered into by the City and the property owner s, Brian P. Tuohy and Kristina M.
Tuohy, Trustees of the Tuohy Family Trust, created under a Declaration of Trust dated
April 23, 2008.
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.
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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 agreem ent to be
recorded in the Office of the County Recorder of the County of San Luis Obispo.
On motion of Vice Mayor Christianson, seconded by Council Member Shoresman,
and on the following roll call vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 7 th day of December 2021.
___________________________
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
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12/13/2021 | 4:48 PM PST