HomeMy WebLinkAboutR-10935 approving a historic property preservation agreement between The City and the owner of the Harry E Lyman House at 868 Upham StreetRESOLUTION NO. 10935 (2018 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 HARRY E. LYMAN HOUSE AT 868 UPHAM 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, Maggie and Jason Browning are the owners of real property that certain
qualified real property, together with associated structures and improvement thereon, located on
Assessor's Parcel Number 003-646-014, located at 868 Upham Street, in the City of San Luis
Obispo, California, also described as the Harry E. Lyman House; 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 July 23, 2018 for the purpose of reviewing the proposed historic property
preservation agreement, and recommended that the City enter into the agreement; and
WHEREAS, the City Council conducted a public hearing in the Council Chamber at
990 Palm Street, San Luis Obispo, California, on September 4, 2018 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
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Resolution No. 10935 (2018 Series) Page 2
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 Harry E. Lyman House, located at 868 Upham 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 6, 2012 (Resolution 10338). 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 in California 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 868 Upham Street," to be entered into
by the City and the property owners, Maggie and Jason Browning.
SECTION 4. Community Development Director Authorized to Sign AgMement 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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Resolution No. 10935 (2018 Series)
Page 3
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.
Upon motion of Council Member Pease, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 4th day of September 2018.
e�'�l
Mayor ei fHarmki
ATTEST:
1
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
C. 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, this r7l-14- day of , 2018.
eresa Purrington,
City Clerk
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