REPORT TO THE HISTORIC PRESERVATION COMMISSION
October 28, 2024
FROM: JENNIFER CLARK, Director
Planning and Development Department
THROUGH: ASHLEY ATKINSON, Assistant Director
Planning and Development Department
BY: LISHA CHEN, Historic Preservation Specialist
Planning and Development Department
SUBJECT
Title
Consideration of approval of request by property owners to enter into a Mills Act historical property contract pursuant to FMC 12-1706:
1. The Aten Residence (HP# 126) located at 1133 S St. (APN 46603502)
RECOMMENDATION
Staff recommends that the Historic Preservation Commission hold a public hearing and that the Director of Development enter into a Historical Property Contract for the subject property pursuant to FMC 12-1706.
Body
EXECUTIVE SUMMARY
The property owners have provided final confirmation that they wish to enter the Mills Act Program. The application has been reviewed and found that the property is a qualified historical property under FMC SEC. 12-1704 and that the submitted draft work plans meet the required contract provisions under FMC SEC.12-1705.
BACKGROUND
In California, the Mills Act legislation allows local governments to enter into contracts with owners of qualified historic properties providing that in exchange for the restoration and maintenance of these properties, owners receive a reduction in property taxes. Since the City of Fresno adopted the Mills Act Program, it has enrolled 32 properties.
Seven applications were submitted for the Mills Act Program for the year 2024. Due to various reasons such as ownership transfers and concerns about tax reduction amount, only three of the seven properties for which applications were received will enter the Mills Act Program. This one is described below.
The Aten Residence (HP# 126), located at 1133 S Street (46603502), was originally built for Mrs. C. B. Aten. It is a two-story craftsman-style home with distinctive architectural features characteristic of early 20th century residential design. The residence is clad in traditional wood shingles. The front façade is defined by wide gabled roofs with overhanging eaves, supported by exposed rafters and decorative wooden brackets. Another standout feature of the home is the expansive front porch, supported by stout tapered columns resting on substantial piers. The building remains much as it was constructed in 1914. As one of finest examples of shingle-type Craftsman architecture in Fresno, it was designated to the local register of historic resource in 1980.
Analysis
According to FMC SEC. 12-1704, to be eligible for the Mills Act Program, properties must meet the following criteria:
a) "Qualified historical property" for purposes of this article, means privately owned property within the City of Fresno, which is not exempt from property taxation, and which meets either of the following:
1) The property is listed in the National Register of Historic Places or located in a registered historic district, as defined in Title 26 of the Code of Federal Regulations.
2) The property is listed in any state, city, county, or city and county official register of historical or architecturally significant sites, places, or landmarks.
b) "Qualified historical property" for the purposes of this article, does not include "Heritage Properties" as defined by Fresno Municipal Code Section 12-1603(n).
FMC SEC. 12-1705. required the owner to 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.
The property located at 1133 S Street is individually listed as a local registered historic resource, and thus should be considered as qualified historical properties. Additionally, the owners submitted draft workplans, committing to conduct a series of projects to maintain the historical properties, along with the application form.
Duties and Powers of the Commission
SEC. 12-1606. - DUTIES AND POWERS OF THE COMMISSION.
(b)The Commission shall have the following additional duties and powers:
(13) Review and make recommendations on historic preservation certification applications for federal tax incentives.
(14) Develop and recommend the adoption of historic preservation incentives including but not limited to conditional use permits allowing uses not otherwise permitted by the underlying zoning, Mills Act Contracts, and other programs utilized by other Certified Local Governments.
(15) Review and make recommendations on any applications to participate in local historic preservation incentive programs established in order to effectuate the purposes of this article.
SEC. 12-1706. - 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 the 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.
ENVIRONMENTAL FINDINGS
This is not a “project” for the purposes of the California Environmental Quality Act (“CEQA”), as it will not result in a direct or indirect change in the environment.
FRESNO MUNICIPAL CODE FINDINGS
The property is a qualified historical property under FMC SEC. 12-1704 and the submitted draft workplans meet the required contract provisions under FMC SEC.12-1705.
CONCLUSION
Staff recommends that the Commission hold a public hearing and recommend that the Director of Development enter into Historical Property Contracts for the subject property 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 the contract with the County Recorder.
ATTACHMENTS:
Exhibit A - DPR Inventory Forms & Designation Resolution
Exhibit B - Draft Mills Act Contract