HomeMy WebLinkAboutRes 2023-058RESOLUTION NO. 2023-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A MILLS ACT AGREEMENT BETWEEN THE
CITY AND THE OWNER OF THE PROPERTY LOCATED AT 362
SANDPIPER STREET CASE NOS. MILLS23-0006
WHEREAS, the City Council of the City of Palm Desert 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 of the City of Palm Desert has adopted Resolution No.
9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an
ongoing historic preservation program to promote the preservation, maintenance, and
rehabilitation of historic resources through financial incentives; and
WHEREAS, the City Council of the Palm Desert has designated this property as a
historic resource of the City of Palm Desert pursuant to the policies in the Title 29 of the Palm
Desert Municipal Code; and
WHEREAS, Fraser Living Trust is the owner of that certain qualified real property,
together with associated structures and improvement thereon, located on Assessor’s Parcel
Number 640-260-009, located at 362 SANDPIPER ST, in the City of Palm Desert, California;
and
WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into an
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 City Council conducted a public hearing in the Council Chamber of
City Hall, 73510 Fred Waring Drive, Palm Desert, California, on November 16, 2023, for the
purpose of considering approval of the historic property preservation agreement, and has
duly considered all evidence, and testimony of the applicant and interested parties, and the
evaluation and recommendation by staff, present at said hearing; and
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 City Council of the City of Palm Desert,
California, as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
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Resolution No. 2023-058 Page 2
a) Environmental Resources Element Program 6.9.4 and 6.9.5 states that the City
will require sites with significant cultural resources and structures to be
preserved.
b) The subject property, located at 362 Sandpiper Street, has been recognized
as a historic asset in the community by its designation as a Contributing Assess
to a Historic District by the City Council Resolution No. 2022-08 on February
10, 2022. As such, maintaining the structure will meet the City’s goals for
historic preservation listed in policies 6.9.4 and 6.9.5 of the Environmental
Resources 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 Mills Act Agreement between the City of Palm Desert and the Owner of
the Historic Property Located at 362 Sandpiper Street, to be entered into by the City and the
property owner, Fraser Living Trust.
SECTION 4. City Manager Authorized to Sign Agreement for City. The City Council
hereby authorizes the Community Development Director to execute said agreement on behalf
of the Council of the City of Palm Desert.
SECTION 5. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City’s office at
73510 Fred Waring Drive, Palm Desert, CA 92260. Anthony J. Mejia, MMC, the City Clerk of
the City of Palm Desert is the custodian of the record of proceedings.
SECTION 6. Effective Date. This Resolution shall become effective immediately upon
its adoption.
ADOPTED ON NOVEMBER 16, 2023.
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
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Resolution No. 2023-058 Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-058 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on November 16, 2023, by
the following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on _______________.
__________________________
ANTHONY J. MEJIA
CITY CLERK
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11/17/2023