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HomeMy WebLinkAboutr10259historicpreservation1880santabarbaraRESOLUTION NO . 10259 (2011 Series) A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATIO N AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AN D DEPOT SQUARE LP, OWNER OF A DESIGNATED HISTORIC BUILDING A T 1880 SANTA BARBARA AVENUE, 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 buildings to provide for appropriate use, maintenance, an d rehabilitation such that these historic buildings 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 ; an d 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 003-659-009, located at 1880 Santa Barbara Avenue, San Luis Obispo, Californi a 93401, also described as the Channel Commercial Wholesale Company Building (hereinafte r referred to as the "historic property"); an d WHEREAS,the City Council of the City of San Luis Obispo has designated the Channe l Commercial Wholesale Company Building as a historic resource of the City of San Luis Obisp o pursuant to the policies in the City's Historic Preservation Ordinance ; and WHEREAS,the City and owner, for their mutual benefit, now desire to enter into thi s agreement to limit the use of the building 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 ; and WHEREAS,as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on February 28, 2011, to consider a request by Depot Square LP, owner of 188 0 Santa Barbara Avenue ; an d WHEREAS,the City Council has considered the Cultural Heritage Committee's recommendation, documentation for the building on file in the Community Developmen t Department, public testimony, the staff report, and the City's Historical Preservation Ordinance . R 10259 Resolution No . 10259 (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 Channel Commercial Wholesale Company Building, located at 1880 Santa Barbar a Avenue, has been recognized as a historic asset in the community by its designation as a Master List Historic Building . As such, maintaining the structure will meet the City's goal s for historic preservation listed in policies 3 .3 .1 through 3 .3 .5 of the Conservation and Ope n 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 Building Located at 1880 Santa Barbara Avenue", and entered into between the City and Depot Square LP . 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 Council Member Smith, seconded by Vice Mayor Ashbaugh, and on th e following vote : AYES : Council Members Carpenter and Smith, Vice Mayor Ashbaugh and Mayo r Marx NOES : Council Member Carte r ABSENT : None Resolution No . 10259 (2011 Series) Page 3 The foregoing Resolution was adopted this 3 rd day of May 2011 . a /7 r Jan Marx ATTEST : Elaina Can o City Clerk