Resolution 2023-XX Page 1 of 3
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT AUTHORIZING THE MAYOR OR DESIGNEE TO
EXECUTE A MILLS ACT CONTRACT WITH THE OWNER OF THE
PROPERTY KNOWN AS THE MISSION ELEMENTARY SCHOOL
LOCATED AT 43551 MISSION BOULEVARD
WHEREAS, California Government Code section 50280 et seq., and Fremont Municipal Code Chapter 18.175 (Historic Resources), authorize the City of Fremont (“City”) to enter into historic preservation agreements (“Mills Act Contract”) with owner(s) of qualified historic properties; and
WHEREAS, the purpose of a Mills Act Contract is to provide a financial incentive for historic preservation whereby the property owner may receive a reduction in property taxes in exchange for an agreement to preserve, rehabilitate, and maintain a historic property over a minimum ten-year term; and
WHEREAS, the Mission Elementary School (formerly Mission Elementary School and City Hall) located at 43551 Mission Boulevard in the Mission San Jose Community Plan Area, hereinafter referred to as “The Old School,” was listed on the Primary Historic Resources Inventory (1991) for the City; and
WHEREAS, in 1998, the Department of Parks and Recreation found that The Old School qualified for listing on the California Register of Historic Resources and the National Register of Historic Places; and
WHEREAS, in 1998, the City Council approved a project to rehabilitate The Old School, including the creation of 11 live/work units, 15 new single-family dwellings, and 10,300 square feet of commercial space in two new buildings; and
WHEREAS, in 2007, the Planning Commission approved a Conditional Use Permit to facilitate a residential condominium conversion of The Old School, subject to requirements contained in the City’s Residential Condominium Conversion Ordinance and applicable State law; and
WHEREAS, in 2008, the Planning Commission approved Tentative Tract Map 7965 to complete the conversion and allow the sale of the 11 live-work units as condominiums; and
WHEREAS, the applicant, Mark Robson on behalf of Mission Square Historic Renovation Partners L.P., has requested to enter into a Mills Act Contract with the City, thereby Resolution 2023-XX Page 2 of 3
binding and requiring the property owner and successors in interest to preserve and maintain the character-defining features of the register resource; and
WHEREAS, on April 6, 2023, the Historical Architectural Review Board held a public hearing to consider the request to execute a Mills Act Contract on the subject property and by a 4-0 vote recommended that the City Council approve the Mills Act Contract; and
WHEREAS, on June 6, 2023, the City Council conducted a public hearing on the proposed Mill Act Contract for The Old School, afforded the public an opportunity to be heard, and considered the staff report including the staff recommendations therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FREMONT AS FOLLOWS:
SECTION 1. The City Council finds that approval of a Mills Act Contract is exempt from the requirements of the California Environmental Quality Act (“CEQA”), pursuant to, without limitation, each on a separate and independent basis, CEQA Guidelines: Section 15061(b)(3) (no possibility of significant effect on the environment), Section 15183 (projects consistent with community plan, general plan or zoning), and Section 15378 (activities not a project).
SECTION 2. The City Council finds that the proposed Mills Act Contract (PLN2023-00129), set forth in Exhibit C to the June 6, 2023 City Council Report and incorporated by this reference, is consistent with and supportive of the City of Fremont’s General Plan goals and policies for historic preservation and the provisions of Fremont Municipal Code Chapter 18.175.
SECTION 3. The City Council approves the Mills Act Contract based upon the findings and subject to the conditions set forth in Exhibit B to the June 6, 2023 City Council Report and incorporated by this reference, and authorizes the Mayor or designee to execute the contract.
ADOPTED ________________, 2023, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution 2023-XX Page 3 of 3
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney