HomeMy WebLinkAboutItem 6e - Approve Mills Act Contract for House located at 571 Pismo Street5e Item 6e
Department: Community Development
Cost Center: 4003
For Agenda of: 9/15/2026
Placement: Consent
Estimated Time: N/A
FROM: Timmi Tway, Community Development Director
Prepared By: Eva Wynn, Assistant Planner
SUBJECT: APPROVE A HISTORIC PROPERTY PRESERVATION CONTRACT
(MILLS ACT) FOR THE LANDMARK GEORGE AND CORDELIA MCCABE
HOUSE LOCATED AT 571 PISMO STREET
RECOMMENDATION
Adopt a draft Resolution entitled “A Resolution of the City Council of the City of San Luis
Obispo, California, approving a Historic Property Preservation Agreement between the
City and the Owners of the George and Cordelia McCabe House at 571 Pismo Street
(Application No. HIST-0313-2026),” as recommended by the Cultural Heritage
Committee.
POLICY CONTEXT
The recommended action on this item is supported by historical preservation policies set
out in Section 3 of the Conservation and Open Space Element of the City’s General Plan,
particularly Program 3.6.2, regarding participation in financial incentive programs to
encourage maintenance and restoration of historic properties, and also with the purpose
of encouraging private stewardship of historic buildings through ince ntives, as provided
by Section 14.01.010 (B)(3) of the City’s Historic Preservation Ordinance.
DISCUSSION
The owners of the George and Cordelia McCabe House (McCabe House) at 571 Pismo
Street submitted an application on May 21, 2026, to enter into a Mills Act historic property
preservation contract with the City (see Draft Agreement, Attachment B). The application
includes a letter requesting to enter a Mills Act agreement and a list of improvements the
owners intend to complete within the life of the contract (Attachment C).
The property is located on the southern side of Pismo Street within the western section
of the Old Town Historic District. The residence sits between two Landmarks, the Patton
House at 1407 Nipomo Street and the Biddle House at 559 Pismo Street. The Old Town
Historic District was created to encompass one of the oldest residential neighborhoods,
in which most of the development occurred around the turn of the 20th century. The high
concentration of 100-year-old or older residences establishes the District’s predominant
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Item 6e
architectural and visual character. The District has many examples of High Victorian
architecture, including several variations, such as Queen Anne, Italianate, Stick and
Gothic Revival influences, along with more modest structures with simpler styles including
Neo-classic Row House, Folk Victorian, and Craftsman Bungalow. Most of the houses in
this district were designed and constructed by the homes’ first occupants or by local
builders and were influenced by architectural pattern books of the time period (Historic
Preservation Program Guidelines § 5.2.1).
The residence at 571 Pismo Street was
built around 1891 and the property is
currently on the City’s Inventory of
Historic Resources as a Landmark,
added in 2026 by City Council
Resolution No. 11640. The resource
was Landmarked as a unique example
of a late 19th century double-bay-front
Eastlake cottage with a sitting porch
framed by rare, pierced columns. The
building retains character-defining
square window bays, the porch
between bays, and pierced columns
framing the portico. The pieced
columns are rare features that have
potential to yield information important to the architectural history of the City of San Luis
Obispo.
The Mills Act Program
It is the City’s policy that significant historic resources be rehabilitated and preserved
(COSE § 3.3.1). The Mills Act Program is a property tax reduction program for protection
of cultural resources that encourages their maintenance and restoration (COSE § 3.6.2
of the General Plan Conservation and Open Space Element). Participation in the program
is limited to Landmark resources; resources that are of the greatest importance at the
local, regional, state, or national level in terms of age, architectural or historical
significance, rarity, or association with important persons or events in the City’s past, that
meet one or more of the criteria outlined in Section 14.01.060 and that retain a high
degree of integrity (HPO § 14.01.050 (A)(1)). Currently, there are 68 properties
participating in the program, with the last request (for the Meredith House at 1421 Garden
Street) approved by the Council on April 21, 2026. The City and owners of a Landmark
enter into a historical property contract under which the owners agree to restore, maintain,
and protect the property in accordance with historical preservation sta ndards. In turn,
owners may qualify for property tax relief, potentially realizing tax savings of between 40%
and 60% per year. A Mills Act Contract has a minimum term of ten years, and is extended
annually for an additional year, unless, after the initial term, either the City or the owner,
by written notice, decides not to renew the contract.
Figure 1 – The McCabe House
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Item 6e
As described in the applicant’s request letter (Attachment C), the owners of the McCabe
House intend to reconstruct or continue restoration of the following:
reconstruct the descending screen
reconstruct the balusters and fretwork faux corbels
reconstruct the original wood picket fence
replace and reconstruct areas of dry rot
replace defectively applied glazing compound
reconstruct the original exterior sash lugs or ears
install period hardware
repaint
repair dry rot in other areas of the exterior fabric
reconstruct historic interior plaster
insulate the house
Previous Council or Advisory Body Action
On July 27, 2026, the Cultural Heritage Committee reviewed this application for
participation in the Mills Act Historic Preservation Program, along with the terms of the
draft preservation contract, and, by a vote of 7-0, recommended that the City Council
approve the historic property preservation contract. Prior to this request, the property was
reviewed and approved for Landmark designation by the City Council’s de cision on April
21, 2026.
Public Engagement
Public notice of this hearing has been provided to owners and occupants of property near
the subject site, and published in a widely circulated local newspaper, and hearing
agendas for this meeting have been posted at City Hall, consistent with adopted
notification procedures. Public notice was also previously provided for the Cultural
Heritage Committee meeting of July 27, 2026.
ENVIRONMENTAL REVIEW
Entering into a “Mills Act Contract” with the owners of historical property is not subject to
the provisions of the California Environmental Quality Act (CEQA) because it is not a
project as defined in CEQA Guidelines § 15378 (Definitions – Project). Implementation of
the Mills Act is a government fiscal activity which does not involve commitment to any
specific project which may result in a potentially significant physical impact on the
environment (CEQA Guidelines § 15378 (b)(4)).
FISCAL IMPACT
Budgeted: No Budget Year: 2026-27
Funding Identified: No
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Item 6e
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $ $ $
State
Federal
Fees
Other:
Total $ $0 $ $0
After the Mills Act contract is recorded, the County Assessor values the property by an
income capitalization method, following guidelines provided by the State Board of
Equalization. Because of the timing and the method of valuing the restricted property, it
is difficult to accurately estimate the ta x savings and resulting fiscal impacts to the City
under a particular historical property contract. However, a recent summary provided by
the County Assessor indicated that the total reduction in annual tax revenue to the City
amounted to approximately $67,000 for a total of 65 properties on Mills Act contracts at
the time, or about $1,000 per property. Currently, there are 68 properties in the City
participating in the program.
ALTERNATIVES
1. Decline to enter into a Mills Act Historical Property Contract w ith the
property owner. Denying the request to enter into a Mills Act contract would make
unavailable an effective incentive for the historic property’s long-term preservation.
The Mills Act Program is a financial assistance program identified in the Gener al
Plan for encouraging maintenance and restoration of historic properties.
2. Continue consideration of the request to a future date for additional
information or discussion. If the Council wishes to continue consideration of this
item to a future date, staff requests that the Council detail the specific information
that should be provided for discussion at the future meeting.
ATTACHMENTS
A - Draft Resolution approving a Mills Act Contract for 571 Pismo Street
B - Draft Historic Property Preservation Agreement (HIST-0313-2026)
C - Applicant Request Letter – 571 Pismo Street
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R ______
RESOLUTION NO. XXXX (2026 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY AND THE
OWNERS OF THE GEORGE AND CORDELIA MCCABE HOUSE AT 571
PISMO STREET (APPLICATION NO. HIST-0313-2026)
WHEREAS, the City Council of the City of San Luis Obispo is authorized by
California Government Code Section 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 has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as a n ongoing historic
preservation program to promote the preservation, maintenance, and rehabilitation of
historic resources through financial incentives; and
WHEREAS, the City Council of the City of San Luis Obispo designated 571 Pismo
Street, described as the McCabe House, as a Landmark of the City of San Luis Obispo
on April 21, 2026, by adoption of Resolution No. 11640, pursuant to the policies in the
City’s Historic Preservation Program Guidelines;
WHEREAS, Bejamin and Saskia Winter (Owners) are the owners of that certain
qualified real property, together with associated structures and improvement thereon,
located on Assessor’s Parcel Number 003-615-003, located at 571 Pismo Street, in the
City of San Luis Obispo, California, also described as The McCabe House; and
WHEREAS, the City and Owners, 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 Cultural Heritage Committee of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on July 27, 2026, for the purpose of reviewing the proposed
historic property preservation agreement, and recommended that the City enter into the
agreement; and
WHEREAS, the City Council conducted a public meeting in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California, on September 15, 2026, for
the purpose of considering approval of the historic property preservation agreement, and
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Resolution No. _____ (2026 Series) Page 2
R ______
has duly considered all evidence, including the record of the Cultural Heritage Committee
hearing and recommendation and the evaluation and recommendation by sta ff; and
WHEREAS, notices of said public hearings and meetings were made at the time
and in the manner required by law.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
a) Conservation and Open Space Element Program 3.6.2 states that the City will
participate in financial assistance programs such as property tax reduction
programs that encourage maintenance and restoration of historic properties.
b) The McCabe House, located at 571 Pismo Street, has been recognized as a
historic asset in the community by its designation as a Landmark by the City
Council on April 21, 2026 (Resolution No. 11640). As such, maintaining the
structure will meet the City’s goals for historic preservation listed in policies
3.3.1 through 3.3.5 of the Conservation and Open Space 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 “Historic Property Preservation Agreement between the City
of San Luis Obispo and the Owners of the Historic Property Located at 571 Pismo Street,”
to be entered into by the City and the property owners, Benjamin and Saskia Winter,
attached hereto as “Exhibit A.”
SECTION 4. Community Development Director 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 San Luis Obispo.
SECTION 5. Recordation of the Agreement. No later than twenty (20) days after
the parties enter into said agreement, the City Clerk shall cause the agreement to be
recorded in the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
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Resolution No. _____ (2026 Series) Page 3
R ______
The foregoing resolution was adopted this _____ day of _______________ 20 26.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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Attachment B – Draft Preservation Contract
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC
PROPERTY LOCATED AT 571 PISMO STREET, IN THE CITY AND THE COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this _________ day of __________ , 2026, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
“City”), and Ben and Saskia Winter (hereinafter referred to as “Owner”), and collectively referred
to as the “parties.”
WHEREAS, Owner is the owners of that certain real property commonly known as 571
Pismo Street (APN 003-615-003), and legally described as shown in the attached
“Exhibit B” (“Owner’s Property”); and
WHEREAS, Owner has agreed to enter into a Historical Property Contract with the City
for the preservation, maintenance, restoration, or rehabilitation of Owner’s Property, a historic
resource within the City;
NOW, THEREFORE, in consideration of the above recitals and in further consideration
of the mutual benefits, promises, and agreements set out herein, the parties agree as follows:
Section 1. Description of Preservation Measures. The Owner, their heirs, or assigns hereby
agree to undertake and complete, at their expense, the preservation, maintenance, and
improvements measures described in “Exhibit A” attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement’s effective date, such initial term will
automatically be extended as provided in California Government Code Section 50280 through
50290 and in Section 3, below.
Section 3. Agreement Renewal and Non-renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter
referred to as “annual renewal date”), a year shall automatically be added to the
initial term of this agreement unless written notice of nonrenewal is served as
provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner
or the City shall serve written notice of nonrenewal of the agreement on the other
party. Unless such notice is served by the Owner to the City at least ninety (90)
days prior to the annual renewal date, or served by the City to the Owner at least
sixty (60) days prior to the annual renewal date, one (1) year shall automatically be
added to the term of the agreement as provided herein.
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c. The Owner may make a written protest of the notice. The City may, at any time
prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any
year, the agreement shall remain in effect for the balance of the term then
remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate
the building and its character-defining features, including: the building’s general
architectural form, style, materials, design, scale, proportions, organization of
windows, doors, and other openings; interior architectural elements that are integral
to the building’s historic character or significance; exterior materials, coatings,
textures, details, mass, roof line, porch, and other aspects of the appearance of the
building’s exterior, as described in Exhibit A, to the satisfaction of the Community
Development Director or their designee.
b. All building changes shall comply with applicable City specific plans, City
regulations and guidelines, and conform to the rules and regulations of the Office
of Historic Preservation of the California Department of Parks and Recreation,
namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and
Standards and Guidelines for Historic Preservation Projects. Interior remodeling
shall retain original, character-defining architectural features and architectural
ornamentation to the greatest extent possible.
c. The Community Development Director shall be notified by the Owner of changes
to character-defining exterior features prior to their execution, such as major
landscaping projects and tree removals, exterior door or window replacement,
repainting, remodeling, or other exterior alterations requiring a building permit.
The Owner agrees to secure all necessary City approvals and/or permits prior to
changing the building’s use or commencing construction work.
d. Owner agrees that property tax savings resulting from this agreement shall be used
for property maintenance and improvements as described in Exhibit A.
e. The following are prohibited: demolition or partial demolition of the historic
building; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or
furniture visible from a public way; or any device, decoration, structure, or
vegetation which is unsightly due to lack of maintenance or because such feature
adversely affects, or is visually incompatible with, the property’s recognized
historic character, significance, and design as determined by the Community
Development Director.
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f. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the historic property by representatives of the County
Assessor, the State Department of Parks and Recreation, the State Board of
Equalization, and the City as may be necessary to determine the owners’
compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly-noticed public hearing by the City Council as set forth
in Government Code Section 50285, may cancel this agreement if it determines that
the Owner has breached any of the conditions of this agreement or has allowed the
property to deteriorate to the point that it no longer meets the standards for a
qualified historic property; or if the City determines that the Owner has failed to
preserve, maintain, or rehabilitate the property in the manner specified in Section 4
of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the
Owner shall pay a cancellation fee to the State Controller as set forth in Government
Code Section 50286, which states that the fee shall be 12 ½% of the full value of
the property at the time of cancellation without regard to any restriction imposed
with this agreement.
b. If the historic building is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of the agreement, the
agreement shall be cancelled and no fee imposed, as specified in Government Code
Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, under the provisions to cancel the agreement
by the Owner, the City shall give written notice of violation to the Owner by
registered or certified mail addressed to the address stated in this agreement. If such
a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or
default of said breach; or if the default cannot be cured within thirty (30) days
(provided that acts to cure the breach or default may be commenced within thirty
(30) days and shall thereafter be diligently pursued to completion by the Owner);
then the City may, without further notice, declare a default under the terms of this
agreement and may bring any action necessary to specifically enforce the
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obligations of the Owner growing out of the terms of this agreement, apply to any
court, state or federal, for injunctive relief against any violation by the owners or
apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this agreement. All other remedies at law or in equity which are
not otherwise provided for in this agreement or in the City’s regulations governing
historic properties are available to the City to pursue in the event that there is a
breach or default under this agreement. No waiver by the City of any breach or
default under this agreement shall be deemed to be a waiver of any other subsequent
breach thereof or default herein under.
c. By mutual agreement, City and Owner may enter into mediation or binding
arbitration to resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic building
located at 1110 Buchon St, San Luis Obispo, California, Assessors Parcel Number 003-545-016,
to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set forth
herein shall be deemed covenants running with the land and shall pass to and be binding upon the
Owner’s successors and assigns in title or interest to the historic property. Every contract, deed, or
other instrument hereinafter executed, covering or conveying the historic property or any portion
thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the
covenants, reservations, and restrictions expressed in this agreement regardless of whether such
covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address
of the respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owner: Ben and Saskia Winter
571 Pismo Street
San Luis Obispo, CA, 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to
create a partnership between the parties hereto and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be considered
joint ventures or members of any joint enterprise.
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b. The Owner agrees to hold the City and its elected and appointed officials, officers,
agents, and employees harmless from liability for damage or from claims for
damage for personal injuries, including death, and claims for property damage
which may arise from the direct or indirect use or activities of the Owner, or from
those of their contractor, subcontractor, agent, employee, or other person acting on
the Owner’s behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend
the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all claims or actions for damages caused by, or alleged to have
been caused by, reason of the Owner’s activities in connection with the historic
property, excepting however any such claims or actions which are the result of the
sole negligence or willful misconduct of City, its officers, agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason
of the operations referred to in this agreement regardless of whether or not the City
prepared, supplied, or approved the plans, specifications, or other documents for
the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in
this agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons
acquiring any part or portion of the historic property, whether by operation of law
or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained
herein, or to determine the rights and duties of any party hereunder, the prevailing
party in such proceeding may recover all reasonable attorney’s fees to be fixed by
the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions
thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with the laws of the
State of California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this
agreement, the City shall cause this agreement to be recorded in the office of the County Recorder
of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner;
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however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day
and year written above.
OWNER
____________________________________ ______________________________
Ben Winter Date
____________________________________ ______________________________
Saskia Winter Date
CITY OF SAN LUIS OBISPO
____________________________________ ______________________________
Tyler Corey, Deputy Director Date
For: Timothea Tway
Community Development Director
Pursuant to authority conferred under by Resolution No. XXXX
ATTEST:
______________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
______________________________
J. Christine Dietrick, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
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EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR THE MEREDITH HOUSE
LOCATED AT 1110 BUCHON STREET, SAN LUIS OBISPO, CALIFORNIA
Owner shall preserve, maintain, and repair the historic building, including its character-defining
architectural features in good condition, to the satisfaction of the Community Development
Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis
Obispo for property located at 1110 Buchon Street. Character-defining features shall include, but
are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing,
doors and windows, window screens and shutters, balustrades and railings, foundations, and
surface treatments.
Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be
consistent with the City’s Historic Preservation Ordinance and the Secretary of the Interior’s
Standards for the Treatment of Historic Properties:
reconstruct the descending screen
reconstruct the balusters and fretwork faux corbels
reconstruct the original wood picket fence
replace and reconstruct areas of dry rot
replace defectively applied glazing compound
reconstruct the original exterior sash lugs or ears
install period hardware
repaint
repair dry rot in other areas of the exterior fabric
reconstruct historic interior plaster
insulate the house
OWNERS
____________________________________ ______________________________
Ben Winter Date
____________________________________ ______________________________
Saskia Winter Date
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EXHIBIT B
LEGAL DESCRIPTION
For APN/Parcel ID: 003-615-003
To be included in final preservation agreement.
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1
Mills Act Application
The George and Cordelia McCabe House
571 Pismo Street
Introduction The McCabe House was recently raised to Landmark status by the San
Luis Obispo City Council at the recommendation of the Cultural Heritage Committee for the
house’s architectural significance as one of four examples in the city and six known
examples on the Central Coast of the Double-Bay-Front Eastlake Cottage, a form that
appears to be indigenous to this region, in addition to its architectural significance as being
one of the last documented examples of the use of wood pierced columns, an American
architectural form that appears to have been innovated by the influential early American
architect Alexander Jackson Davis, as recorded in his book Rural Residences (New York,
1837). The pierced column form is associated with Greek Revival and Italianate houses of
the mid nineteenth century, but San Luis Obispo’s three examples embody alternative
styles: the Neobaroque aedicular (temple-form) at 1429 Nipomo, which may date as early
as 1877 but whose columns may date from that time or later; the McCabe House, around
the corner on Pismo Street; and the Mill Street Historic District’s 855 Toro (the Richard
Leland House, following page), an asymmetric single-bay Eastlake cottage first documented
in the 1891 Sanborn Map.
Attachment A - Applicant Request Letter
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2
Association of pierced
columns with the late-
nineteenth-century Eastlake
form is currently unknown
anywhere but San Luis,
making the McCabe House and
the Leland House (at left)
essential to protect, retain, and
maintain. Eastlake was the
dominant late-nineteenth-
century architectural form in
California but is under-
researched due to its denial by
late academic Vincent Scully.
Mills Act The Mills Act is a tax abatement measure dating from the 1970s that
recognizes the added costs of restoring and maintaining historic properties, first passed by
State Senator Jim Mills of San Diego in the California legislature and then passed by popular
referendum after the State Supreme Court ruled the legislative passage unconstitutional.
The City of San Luis Obispo uses a ten -year contract as an enforcement mechanism to
prevent Mills Act properties from falling into desuetude and decay. These renewable
contracts focus on historic structure and fabric as well as such features (such as plumbing,
drainage, and electrical) that contribute to the resource’s sustainability.
Like many new owners of a historic house, applicants Ben and Sakia Winter have already
carried out extensive repairs and will be subject to unexpected emergency repairs and
reconstructions of historic elements. Within the contract, they undertake to preserve and
maintain the McCabe House and its historic structure and fabric. In addition, they will
reconstruct, to Secretary of the Interior Standards of documentation, the front porch’s
• descending screen (above)
• balusters and their elaborate fretwork faux corbels
(right)
After consultation, the façade’s ten true corbels would be problematic to reconstruct, as
they no longer have a flat-roof soffit to support and would have to project in a functionless
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way under the current shed roof, tending to collect water rather than protect the façade
from water, as well as directly juxtaposing two anachronistic features in a confusion of
historicity.
The Winters will reconstruct the original wood picket fence, though not with a precise copy
to Secretary of the Interior Standards.
In addition, the Winters undertake to continue restoration of the dramatic and character -
defining plate glass sash windows, including
• replacing and reconstructing areas of dry rot
• replacing defectively applied glazing compound
• reconstructing the original exterior sash lugs or ears
(sash lug/ear illustrated at right)
• installing period hardware
• repainting—
though not including repair of the interior sash counterweights, which would require the
highly invasive procedure of opening the walls from the exterior.
The Winters also undertake to repair and reconstruct
• dry rot in other areas of the exterior fabric
• historic interior plaster
Finally, in order to protect the character -defining fenestration from future risk of
replacement by non-historic insulated windows, the Winters undertake to insulate the
remainder of the house.
The result will be the preservation of an important exemplar of a regional form and the
restoration of character-defining features to Secretary of the Interior Standards to convey
its architectural significance.
Submitted on 21 May 2026 by
James Papp, PhD | Historian and Architectural Historian, City & County of San Luis Obispo
964 Chorro Street, San Luis Obispo, CA 93401 | 805 -470-0983
papp.architectural.history@gmail.com
on behalf of Ben and Saskia Winter
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