Legislation / ID 22-321
CONSIDERATION OF APPROVAL OF REQUESTS BY PROPERTY OWNERS TO ENTER INTO MILLS ACT HISTORICAL PROPERTY CONTRACTS PURSUANT TO FMC 12-1706: 1. The McGee-Macias Home (HP# 236) Located at 115 N Calaveras St. RECOMMENDATION 1. Staff recommends that the Commission hold a public hearing and recommend that the Director of Development enter a Historical Property Contract for the subject properties pursuant to FMC 12-1706. Upon approval, respective property owners shall return executed and notarized contracts to City staff, who will subsequently execute and record contracts with the County Recorder.
- Introduced by
- Pending Approval
- Date
- Mon, Feb 28, 2022
- Result
- Mon, Feb 28, 2022
Full textv1
REPORT TO THE HISTORIC PRESERVATION COMMISSION
February 28, 2022
FROM: MIKE SANCHEZ, Assistant Director
Planning and Development Department
BY: ALICIA GONZALES, Historic Preservation Specialist
Planning and Development Department
SUBJECT
..Title
CONSIDERATION OF APPROVAL OF REQUESTS BY PROPERTY OWNERS TO ENTER INTO MILLS ACT HISTORICAL PROPERTY CONTRACTS PURSUANT TO FMC 12-1706:
1. The McGee-Macias Home (HP# 236) Located at 115 N Calaveras St.
RECOMMENDATION
1. Staff recommends that the Commission hold a public hearing and recommend that the Director of Development enter a Historical Property Contract for the subject properties pursuant to FMC 12-1706. Upon approval, respective property owners shall return executed and notarized contracts to City staff, who will subsequently execute and record contracts with the County Recorder.
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EXECUTIVE SUMMARY
In California, Mills Act legislation grants participating local governments the authority to enter into contracts with owners of qualified historic property who actively participate in the restoration and maintenance of their historic properties and in exchange receive a reduction in property taxes. The City of Fresno adopted the Mills Act Program in 2016.
The minimum duration for a Mills Act Contract is 10 years. Once granted a Mills Act contract, newly assessed property can potentially save up to 50% on their yearly property taxes.
Provisions
Qualified Historical Properties
1) Properties must be privately owned within the City of Fresno and not exempt from property taxation.
2) Properties must be listed in the National Register of Historic Places, located in a registered historic district, or listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.
3) Heritage Properties do not qualify for participation.
Required Contract Provisions
4) Contracts entered into must have a term of a minimum of 10 years.
5) Owners must preserve and, when necessary, restore and rehabilitate the property to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, the Secretary of the Interior's Standards for the Treatment of Historic Properties, and the State Historical Building Code.
6) City officials must be granted permission to inspect the interior and exterior of the premises, prior to the execution of a new contract, and every five years thereafter, to determine the owner's continued compliance with the contract.
7) All successors in interest of the owner are bound to the benefits and burdens of the contract.
8) Unless written notice is provided by owners at least 90 days prior to the renewal date or by the City at least 60 days prior to the renewal date, 1 year shall automatically be added to the term of the contract on the anniversary date of the contract or such other annual date as is specified in the contract.
9) Owners must furnish the City with any information requested in order to determine the eligibility of the property involved; and
10) Owners or agents of the owners must provide written notice of a contract to the Office of Historic Preservation within six months of entering into a contract.
Procedure
Currently staff is evaluating 5Mills Act Program Application Submittals which were received for the 2020 and 2021 application periods. Site visits were completed in December 2021 for these applications with the property owner, the Historic Preservation Specialist, and a member of the Economic Incentive Subcommittee of the HPC were present; A staff report as well as revised work plans and survey forms for each respective property are being presented to the Commission at this meeting for review. Once approved, property owners will return executed and notarized contracts to City staff, who will subsequently execute and record contracts with the County Recorder prior to the end of calendar year 2022.
Respective owners have requested to enter into a Historical Property Agreement (also known as a Mills Act contract) with the City. To ensure compliance with the Mills Act Program, City staff and/or Commission members shall conduct periodic inspections of the properties to verify that the agreed-to improvements are being fulfilled by the owner.
Please note: Proposed exterior alterations that have the potential to affect the historic character of a designated property are still subject to review by the Historic Preservation Specialist upon project proposal and prior to the commencement of work. Furthermore, proposed projects which require a permit are subject to review by the Current Planning and Building & Safety divisions. Although anticipated projects may qualify for the Mills Act Program, approval of a Mills Act Application and execution of a Mills Act Contract do not equate with formal project approval.
BACKGROUND
1. The Farley Home [b. 1929] located at 927 E. Weldon Ave. (APN 444-162-15), in the Porter Tract Historic District. The Farley home is also known by its common name "the Woods House" consists of a one-story, single-family residence which is an approximately 1,421 Square foot home on an 8,040 Square foot parcel and its front elevation faces E. Weldon Ave. The residence is a L shaped Tudor Style home with a front and side gabled roof with wood cased windows and doors. The period of significance identified for this property is 1929. The Farley Home is listed as contributing resource #39 within the Porter Tract historic district. The Porter Tract Historic District received its designation when it was adopted by Fresno City Council in 2001 under Resolution 2001-117. The property is greater than 50 years of age and possesses integrity of location, design, materials, workmanship, feeling, and association (FMC 12-1607). Additionally, it is significant under Local Register Criterion ii because it is associated with Ira E. Farley a person of significant, Criterion iii because it is an example of Tudor Revival architecture constructed by John Porter.
2. The McGee-Macias Home [c. 1898] (HP# 236) located at 115 N. Calaveras St (APN459-322-07). The McGee-Macias Home consists of two-story, single-family residence which is an approximately 2,547 square foot home on a 7,500 square foot parcel and its front elevation faces N. Calaveras St. The residence is a rectangular shaped Victorian style home with Queen Anne (Eastlake), Craftsman and Shingle influence. The McGee-Macias Home is listed on the Local Historic Register HP #236 and received its designation when it was adopted by Fresno City Council in 2003 under Resolution 2003-398. The period of significance identified for this property is 1898 and 1921. The property was likely a farmhouse that was moved its current location after 1921. The property is greater than 50 years of age and is an excellent example of a style and type of construction with high integrity for its period of significance under Criterion ii (FMC 12-1607).
3. The G.L. & Frances Moore Home [b. 1918] Located at 3228 E. Huntington Blvd (APN 461-171-10), in the Huntington Blvd Historic District. The G.L. and Frances Moore Home consists of a two-story single-family residence which is an approximately 2,940 square foot home on a 0.25-acre parcel and its front elevation faces E. Huntington Blvd. The residence is a square shaped Craftsman influenced home with stucco clad exterior, "Moorish" style arches which are supported by canted piers. The period of significance identified for this property is 1918. The G.L. and Frances Moore Home is listed as a contributing resource Block 1 #10 within the Huntington Blvd Historic District. The Huntington Blvd Historic District received its designation when it was adopted by Fresno City Council in 2015 under Resolution 2015-140. The property is greater than 50 years of age and possesses integrity of location, design, materials, workmanship, feeling, and association (FMC 12-1607). Additionally, it is significant under Local Register Criterion ii because it is iii because it reflects Craftsman aesthetics but is a bit of an anomaly that was constructed by Dan Blosser.
4. The John Euless Home [b. 1913] (HP# 080) Located at 373 S. Peach Ave. (APN416-15-015). The John Euless Home consists of two-story, single-family residence which is an approximately 3,923 square foot home on a 1.36-acre parcel and its front elevation faces S. Peach Ave. The residence is a Craftsman style home with a carved gambrel roof, a large stained-glass window (1976), full-width front porch and a small two-story detached structure which was the original three-story tank house. The John Euless Home is listed on the Local Historic Register HP #80 and received its designation when it was adopted by Fresno City Council in 1994 under Resolution 94-04. The period of significance identified for this property is 1913-1963. The property is greater than 50 years of age and possesses integrity of location, design, materials, workmanship, feeling, and association (FMC 12-1607). Additionally, it is significant under Local Register Criterion ii because it is associated with Elmer Jewett Farr a person of significance, Criterion iii because it is an example of Craftsman architecture.
5. The Henry Gundlefinger Home [c. 1919] Home Located at 743 E Floradora Ave. (APN 451-115-08) in the Wilson Island Historic District. The Henry Gundlefinger Home consists of a two-story single-family residence which is an approximately 2,478 square foot home on a 026-acre parcel and its front elevation faces E. Floradora Ave. The residence is a square shaped Prairie box style home with stucco over frame construction with shallow hip shingled roof with wide projecting eaves and a boxed cornice. The period of significance identified for this property is 1919. The Henry Gundlefinger Home is listed as a contributing resource Block 3 #79 within the Wilson Island Historic District. The Wilson Island Historic District received its designation when it was adopted by Fresno City Council in 2009 under Resolution 2009-227. The property is greater than 50 years of age and possesses integrity of location, design, materials, workmanship, feeling, and association (FMC 12-1607). Additionally, it is significant under Local Register Criterion ii because it is iii because it reflects Prairie box style.
Mills Act Program Application Procedure
The City's Mills Act Program is located at Chapter 12, Article 17 of the Fresno Municipal Code. Section 1706 references the Mills Act Program Application Procedure:
Applications to the city shall be initially evaluated and reviewed by the Historic Preservation Commission. The Historic Preservation Commission shall hold a public hearing on every application for a Historical Property Contract. The public hearing shall be scheduled for a date not less than ten days but not more than ninety days from the date the application is filed. After the hearing, the Historic Preservation Commission shall recommend to the Director of Development and Resource Management Department that the application be denied, granted in whole or in part, or modified subject to such conditions as it deems appropriate. The Director of the Development and Resource Management Department may, in the Director's discretion, enter into Historical Property Contracts if all of the conditions of this article are met. The Director of the Development and Resource Management Department shall be responsible for assuring performance of the Historical Preservation Contracts including contract administration, extension, cancellation, and enforcement.
FMC Section 15-007(A) provides that:
Timing of Notice. The Director shall provide a notice at least 10 days before the date of the public hearing or the date of action when no public hearing is required.
FMC Section 15-007(B) provides that:
Mailed Notice. The Director shall provide notice by First Class mail delivery to:1. The applicant and the property owner; and2.All property owners of record within a minimum 1,000-foot radius of the subject property as shown on the latest available assessment role; and3.Any person or group who has filed a written request with the Director for notice regarding the specific application.
In accordance with Section 15-5007 of the FMC, the Planning and Development Department mailed
notices of this Commission hearing to surrounding property owners within 1,000 feet.
ENVIRONMENTAL ANALYSIS
The proposed historic designation seeks to ensure the long-term preservation of the subject resource which is exempt from CEQA (California Environmental Quality Act) review, per section 15331, Class 31 of the CEQA guidelines.
CONCLUSIONS
Staff recommends that the Commission hold a public hearing and recommend that the Director of Development enter into Historical Property Contracts for the subject properties pursuant to pursuant to FMC 12-1706. Upon approval, respective property owners shall return executed and notarized contracts to City Staff, who will subsequently execute and record contracts with the County Recorder.
ATTACHMENTS:
Attachment A: DPR Forms, Historic Inventories & Resolutions
Attachment B: 2020-2021 Mills Act Draft Contracts_115 N Calaveras
Sponsors
- Planning and Development Department
History
| Date | Body | Action | Result |
|---|---|---|---|
| Mon, Feb 28, 2022 | Historic Preservation Commission | APPROVED | Pass |