HomeMy WebLinkAboutr10260historicproperty1318pacificRESOLUTION NO . 10260 (2011 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING AN HISTORI C
PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUI S
OBISPO AND OWNERS OF A DESIGNATED HISTORIC RESOURCE A T
1318 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 ; 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 ; 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 002-342-010, located at 1318 Pacific Street, San Luis Obispo, California 93401, als o
described as the Louisiana Clayton Dart 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 ; and
WHEREAS,as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on March 28, 2011, to consider a request by Thom Brajkovich and Mary Ka y
Harrington, owners of 1318 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 10260
Resolution No . 10260 (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 properties .
2.The Louisiana Clayton Dart House located at 1318 Pacific Street, has been recognized as
a historic asset in the community by its designation as a Master List Historic Property . As
such, maintaining the structure will meet the City's goals for historic preservation listed i n
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 1318 Pacific Street", and entered into between th e
City and owners, Thom Brajkovich and Mary Kay Harrington .
SECTION 3 .Mayor Authorized to Sign Agreement for City .The City Council hereby
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 Carpenter, and o n
the following vote :
AYES :
Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh an d
Mayor Mar x
NOES :
None
ABSENT : None
Resolution No . 10260 (2011 Series )
Page 3
The foregoing resolution was adopted this 3 rd day of May 2011 .
ATTEST :
Elaina Can o
City Cler k
APPROVED AS TO FORM :
J . Christine Dietrick
City Attorney