HomeMy WebLinkAboutr10258historicpreservation1352pacificritterRESOLUTION NO . 10258 (2011 Series)
A RESOLUTION APPROVING A HISTORIC PROPERTY PRESERVATIO N
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND MATT AN D
SARAH RITTER, OWNERS OF A DESIGNATED HISTORIC RESOURCE A T
1352 PACIFIC STREET, IN SAN LUIS OBISP O
WHEREAS,the City Council of the City of San Luis Obispo is authorized by Californi a
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 ; 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 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 002-342-026, located at 1352 Pacific Street, San Luis Obispo, California 93401, als o
described as the Charles John Kelly House, (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 ; and
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 .,an d
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 28, 2011, to consider a request by Matt and Sarah Ritter, owners o f
1352 Pacific Street ; an d
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 .
R 10258
Resolution No . 10258 (2011 Series )
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
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 buildings .
2.The Charles John Kelly House, located at 1352 Pacific Street, has been recognized as a
historic asset in the community by its designation as a Master List Historic house . As such ,
maintaining the structure will meet the City's goals for historic preservation listed in policie s
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 1352 Pacific Street", and entered into between th e
City and Matt and Sarah Ritter .
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 Ashbaugh, seconded by Council Member Carter, and on th e
following vote :
AYES :
Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh an d
Mayor Mar x
NOES :
None
ABSENT : None
Resolution No . 10258 (2011 Series )
Page 3
The foregoing Resolution was adopted this 3 rd day of May 2011 .
ATTEST :
Elaina Can o
City Clerk
APPROVED AS TO FORM :