8.15.410 Procedures for entering into historical property contract.
A. Application for Historical Property Contract Consideration. A request for a historical property contract may be initiated by application of the property owner of a historical building listed on the Atherton historical register. In all cases an applicant for a historical property contract shall utilize the form of application required by the town. Applicants may apply for a historical property contract by submitting the following information:
1. Payment of the Application Fee. The planning department shall determine the amount of a fee necessary to compensate the town for processing and administering an application for a historical property contract. The fee shall pay for the time and materials required to process the application, based upon the estimated actual costs to perform the work. This fee shall be separate from the fee imposed following approval of the historical property contract to pay for the actual costs of inspecting the qualified historical property, enforcing the historical property contract and any required historical alteration permit.
2. A copy of current grant deed.
3. A copy of the most current property tax bill.
4. A complete, detailed site plan of the qualified historical property.
5. Evidence that the property is a qualified historical property at a recognized federal or state level, including, but not limited to, a historical evaluation prepared by a licensed, qualified historian.
6. A ten-year restoration/rehabilitation and maintenance plan that includes a detailed written narrative describing the nature, cost and schedule of the rehabilitation, restoration or preservation work to be conducted on the property (exterior and/or interior) that will preserve the character and integrity of the historic building (i.e., repair of original wood windows). Such work shall not include projects that do not contribute to the preservation of the historical property (i.e., installation of new kitchen appliances).
7. Color photographs of all building exterior elevations, character-defining features of the structure(s), any interior photos of relevant areas where work may be proposed, both overall and detail views, and any additional related items (e.g., associated structures, house, garage, shed, and neighboring properties).
8. A description of the public benefits that are intended if the historical property contract is approved. Examples of such benefits are:
i. Allowing periodic public tours of the property.
ii. Commitment of a specified percentage of the property tax savings to rehabilitation and upgrading of the historical building.
iii. Public display of before and after pictures of the historic structure.
9. Any such additional information the planning department determines is necessary to make a recommendation on the historical property contract.
B. Review by the Assessor’s Office. The planning department will refer any application for a historical property contract to the San Mateo County assessor’s office for review and recommendation. The assessor will provide to the planning commission and city council an estimate of the property tax calculations and the difference in property tax assessments under the different valuation methods permitted by the Mills Act so that the town can evaluate the difference between property tax which would normally be collected by the town and the property tax which would be collected pursuant to the historical property contract. Any cost for the San Mateo County assessor’s office in providing such estimate, shall be incurred by the project applicant.
C. Staff Review. Upon receiving the tax calculations from the San Mateo County assessor’s office, town staff will work with the owner to prepare a historical property agreement for the planning commission’s consideration. The terms and conditions of that agreement will vary from property to property but in all cases be subject to the requirements detailed in Section 8.15.420.
D. Planning Commission Hearing. The planning commission will hold a public hearing on the application in accordance with Section 17.06.090. At the conclusion of the public hearing, the planning commission will make a recommendation to the city council whether to approve a historical property contract.
E. City Council Hearing. Upon receipt of the planning commission recommendation, the city council will hold a public hearing to consider approving a historical property contract in accordance with Section 17.06.080.
F. Required Findings. To approve a historical property contract, the city council must find that:
1. The property is listed on the Atherton historical register;
2. The property is significant due to its historic value, location, or other attribute;
3. The applicant can preserve and, when necessary, restore and rehabilitate the property;
4. The preservation and, when necessary, restoration and rehabilitation of the property will enhance the town’s inventory of historic and cultural resources; and
5. Approval of the historical property contract is consistent with the general plan. (Ord. 652 § 1, 2022)