HomeMy WebLinkAbout11/01/2005, C10 - 1) NOMINATION OF PROPERTY LOCATED AT 1323 MILL STREET TO THE MASTER LIST OF HISTORIC RESOURCES, AND council
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C I T Y O F SAN L U IS O B I S P O
FROM: John Mandeville,Community Development Direct971
Prepared By: Jeff Hook, Senior Pl 7//
SUBJECT: 1) NOMINATION OF PROPERTY LOCATED AT 1323 MILL STREET
TO THE MASTER LIST OF HISTORIC RESOURCES, AND 2)
RECOMMENDATION. TO APPROVE A MILLS ACT HISTORIC
PRESERVATION CONTRACT WITH BRENDON AND KATHRYN
MCADAMS.
CAO RECOMMENDATION:
As recommended by the Cultural Heritage Committee, adopt a resolution adding the property to the
Master List of Historic Resources and approving a Mills Act Historic Preservation Contract.
DISCUSSION
Advisory Body Recommendation
At its October 11, 2005 meeting, the Cultural Heritage Committee (CHC) held a public hearing
on the property owners' request to add a single-family home located at 1323 Mil] Street to the
Master List of Historic Resources and to enter into a Mills Act Historic Preservation Contract.
On a motion by Committee member Pavlik, seconded by Committee member Baer, the
Committee voted 5-0 to determine the property meets Historic Preservation Program Guidelines
for listing on the Master List of Historic Resources and recommended the City Council: 1) add
the property to the Master List as a Type 5 property — "Laird House", under adopted City
architectural and historical criteria, and 2) approve a Mills Act Contract (Attachment 7).
Background
The applicants have requested that their
property be nominated to the Master List of
- I1 Historic Resources. and be approved for a
Mills Act Historic Preservation Contract. The
property is already on the Contributing
_ Properties List and located in the Mill Street
Historic District. As explained below,.historic
designation as either a Master List or a
t.f
,. Contributing property requires a public
hearing before the CHC, nomination to the
City Council, and Council approval. To
—.-�- .._ qualify for the Mills Act program, the
Laird House. Mill Street elevation
C10 -(
Council Agenda Report—Master List Nomination/Request for Mills Act Contract, 1323 Mill St.
Page 2
property must be on the Master List of Historic Resources.
Site Data
Property Owners: Dr. Brendon.McAdams and Kathryn McAdams
Zoning: R-2-H
General Plan Designation: Medium-Density Residential
Site Area: 15,020 square feet
Site Description: Level site with one house and attached garage. The site is bordered by houses on
three sides.
Architectural/Historical Background
The applicant provided historic background on the request (Attachment 2). The historic
documentation shows that the house was built for and occupied by Mr. and Mrs. Harry J. Laird,
local San Luis Obispo businessman, and describes the house's architectural character and setting.
Built in 1931, the house was enlarged with wing extensions in 1965 and 1974 that flank a central
courtyard and patio. Most of the original building character has been preserved, as described in
the applicant's letter. The home features several signature elements of Tudor Revival, a popular
architectural style in the 1920s and 1930s in San Luis Obispo. These include steeply pitched
roofs, half-timbered detailing in gable ends, dormers, copper rain gutters, tall divided light
picture windows, and bulkheads below the windows with patterned brick infill.
Although other examples of Tudor Revival exist in the City (e.g. 59 Benton Way, placed on the
Master List in 1998), 1323 Mill Street may be unique in terms of its scale, massing, fenestration,
and environmental setting along one of the City's most picturesque streets (with its Camphor
Tree canopy) along a block with several large, historic homes. The CHC determined that the
pattern and continuity of contrasting historic homes representing different architectural styles is
indeed distinctive and noteworthy in this neighborhood
Eligibility of 1323 Mill,Street for historic nomination
The house has retained much of its original architectural character- and detailing, and both house
and grounds are well maintained. The house has had two major additions; however these
additions did not appreciably change property's appearance from Mill Street. The owner recently
received approval to refurbish a pre-existing circular driveway and add a new driveway ramp on
Mill Street.
The house is linked with Harry J. Laird, entrepreneur and owner of an early auto dealership in a
Contributing historic property at 1009 Monterey Street, the "Greyhound Bus Depot", now
occupied by Panolivo Restaurant. Mr. Laird and his wife, Ruth, moved into the house when it
was completed in 1931 and lived there until it was sold to A.R. Joughin in 1944. Based on its
Council Agenda Report—Master List Nominatiop/Request for Mills Act Contract, 1323 Mill St.
Page 3
age, unique architectural character, and setting; the CHC determined the property was eligible for
the Master List based on the following criteria in this excerpt from the City's Historic
Preservation.Program Guidelines:
ARCHITECTURAL CRITERIA
Lk
Describes form of building such as size, structural shape and details within that form(i.e.,
arrangement of windows and doors, ornamentation, etc.)
3. Traditional, vernacular and/or eclectic.influences that represent a particular social
milieu and period of the community, and/or the uniqueness of hybrid styles and how
these styles are put together.
11. Design
Describes the architectural concept of a structure and the quality of artistic merit and
craftsmanship of the individual parts. Reflects how well a particular style or combination Of
styles are expressed through compatibility and detailing of elements. Also, suggests degree to
which the architect(Le, carpenter-builder)accurately interpreted and conveyed the style(s).
2. Overall attractiveness because of craftsmanship and aesthetic value,though not
necessarily unique,
V..Environmental Design Continuitv
Describes the inter=relationship of structures and their relationship to a common environment.
Refers to the continuity, spatial relationship, and visual character of a street, neighborhood, or
area.
z Compatibility of a structure with neighboring structures in its setting on the basis of
period,style(form,height,roof lines),design elements,lan&capes,and natural
features;and how these combine together to create an integral cultural, historic,or
stylistic setting.
The CHC determined the property did not qualify under the eligibility category of "History-
Person" because the Laird's only lived in,the house for 13 years, whereas the City's criteria call
for the person to be associated with the property far at least two generations (i.e.40 years).
Cfc) -3
Council AgendaReport—Master List Nomination/Request for Mills Act Contract, 1323 Mill St.
Page 4
Historic Listing Process
The process for historic listing involves several steps. Any person may request that a property be
added to the Master List of Historical Resources or the Contributing Properties List. The CHC,
Architectural Review Commission, Planning Commission or City Council may also initiate
listing. The CHC then reviews the request to determine whether it merits formal consideration.
If the CHC finds a property merits consideration, a public hearing is scheduled and the applicant
and property owner are notified. In evaluating a property's eligibility for the Master or
Contributing Properties List, the CHC uses Council-adopted criteria(Attachment 4). Criteria for
listing include: architectural significance (style, design, age, and architect); association with
important person or event; or environmental context or role as a community landmark.
Consideration shall include the architectural integrity, context and condition of the structure. If
the CHC finds the property meets one or more of the eligibility criteria it forwards a
recommendation to the City Council, who makes the final decision on historic designation. In
making these decisions, the City Council considers the CHC's recommendations, public
testimony and supporting documentation. The Council's action is then final and if the property is
designated historic, its historic status and legal description are recorded with the County recorder.
Types of Historic Resources
There are two types of historic resources in San Luis Obispo. Individual buildings that have
significant historic or architectural value are called "Master List Properties." These are the most
unique and or important historic resources and merit special recognition and protection. A.
property may be listed as a Master List property if it meets any of the criteria in Historic
Preservation Program Guidelines.
The second type of historic resource is the "Contributing Property." The Contributing Properties
List consists of about 500 properties that contribute to the architectural and historical character of
the neighborhoods in which they are located. A Contributing Property is defined as a structure
"built before 1941 that has retained its original architectural style and when viewed in the context
of its surroundings, contributes to the historic character of the area." (City Council Resolution
No. 6424 (1988 Series). While most contributing properties are located within historic districts,
the CHC and the City Council have determined they may be located anywhere in the City if they
meet the above criteria.
Effects of Historic Listing
once properties are added to the Master List, they are eligible to receive and display a historic
plaque and to participate in the Mills Act Historic Preservation Program. Exterior site and building
changes are possible, provided that such changes promote the structure's original architectural style
and character. Significant site and architectural changes are referred to the Cultural Heritage
Committee to determine whether the changes are consistent with City standards and to meet CEQA
requirements.
cco -Y
Council Agenda Report—Master Last Nomination/Request for Mills Act Contract, 1323 Mill St.
Page 5
Contributing or Master Last historic properties are deemed historically significant pursuant to the
California Environmental Quality Act. Demolition, reconstruction, or relocation of historically
significant structures may be considered a significant adverse environmental impact. Significant
adverse impacts can be avoided provided that any changes to the historic property follow the
Secretary of the Interior's Standards for the Treatment.of Historic Properties with Guidelines for
Preserving,Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995,.
Weeks and Grimmer).
Mills Act Program
In December 2000, the City Council approved the Mills Act Program as an on-going historic
preservation program and allowed up to 10 additional historic properties to be included in the
program annually. Originally begun in 1996 as a pilot program, the Mills Act.Program allows
the City to enter into preservation contracts with the owners of designated historic properties who
promise to preserve,maintain and in some cases,improve the properties in return for property tax
savings..
Historic Preservation is an important goal of the City's General Plan. By providing a financial
incentive, the Mills Act Program is one of the most effective preservation tools available to
achieve that goal and encourage the preservation of heritage properties. Both commercial and
residential properties on the Master List of Historic Resources are eligible for the program. Mills
Act contracts contain standard language provided by the State Historic Preservation Office. The
contracts differ substantively only in Exhibits A and B, which describe the property owners'
planned maintenance, major repairs and improvements, and describe the historic property itself.
Standard features of the contracts include:
1. The County Tax Assessor assesses the historic property's value using a
"Capitalization of Income" method. This assessment method can often result in
significant property tax savings,particularly for properties acquired after the 1990s. If
the contract is canceled, the assessment is gradually increased to market value basis
over the remaining contract term.
2. The property owner must promise to preserve the building and to use the tax savings
to maintain and/or improve the historic building to enhance its historical value,
exterior appearance, structural condition, or longevity. Each contract includes an
exhibit which lists the maintenance and improvement measures for which tax savings
will be used.
3. The contract is recorded, and is binding on subsequent owners, heirs, or assigns until
the agreement is canceled. There is a significant financial penalty for breach of the
historic contract.
Council Agenda Report—Master List Nomination/Request for Mills Act Contract, 1323 Mill St.
Page 6
4. Mills Act Contracts have a minimum 10-year term. The agreement is self-renewing
annually for additional ten-year terms, so there is always 10 years remaining on the
contract until the owner or City decides not to renew the contract. Once written
notice of non-renewal is given, the contract will remain in effect for the balance of the
term remaining since the original contract execution or since the last renewal date, as
the case may be. The agreement may be amended by mutual consent of the City and
property owner.
5. Building changes are possible under the contract; however changes must comply with
all City requirements and with the Secretary of the Interior's Standards for the
Treatment of Historic Properties, with the guiding objective being the preservation of
the building's original historical character and significance.
FISCAL IMPACT
Approval of the agreement will not have any significant fiscal impact.
ATTACHMENTS
1. Vicinity Map
.2. Property Owners' Letter and historical/architectural information/photos
3. CHC Historic Inventory
4. Historical Preservation Program Guidelines(Appendix.C), Historic Resource Criteria
5. List of Historic Properties under Mills Act Contracts
6. Cultural Heritage Committee Meeting Update, October 11, 2005
7. Draft Council Resolution and Mills Act Contract
jh/L:CHC/CH C 116.051aWhousaptdoc
1323 MILL Atta.hment 1 001-223-002
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CITY OF SAN LUIS OBISPO
GEODATA SERVICES
955 MORRO STREET
SAN LUIS OBISPO,CA 93401
805 78177167 9/14/2005 15:39 C/p - 7
Attachment 2
Mr. Charles Crotser, Chair
Cultural Heritage Committee
c/o: Mr. Jeff Hook
Community Development Department
City of San Luis Obispo
770 Palm Street
San Luis Obispo, CA 93401
Laird Residence Master List Request
Dear Chuck:
I'm submitting the attached application on behalf of my neighbor and friend
Dr. Brendan McAdams and his wife Kathryn. They are requesting master list
designation for their residence at 1323 Mill Street (The Laird House) as well as
approval to enter into a Mills Act agreement with the City to protect the property.
As you can see from the attachments, though Mr. Laird had a definite influence
on the business history of San Luis Obispo, we feel that the uniqueness of the
architecture and its setting truly distinguish this home as a valuable resource for
the community.
Please feel free to contact me at my office (544-7774) or Dr. McAdams
(595-1888) if we can provide any additional information for your review.
Sincerely,
Terre Rademaker
cc: Dr. Brendan McAdams
Attachments:
1. Style, Design and Context
2. Harry J. Laird, Entrepreneur
3. Ownership History (First American Title)
4. Mill Street Historic District Boundaries (City of SLO)
5. Historic Resources Survey Architectural Worksheet (1983)
6. 1931 Notice of Completion
7. Land use information (City of SLO)
8. Historic Archaelogical Information (City of SLO)
9. Permit History (City of SLO)
10. Exterior photos (2005))
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1
Attachment 2
The Laird House, 1323 Mill Street
Construction Completed: September 29, 1931
Original Owners: Harry J. & Ruth Orton Laird (1931-1944)
Style, Design and Context
The home features a steeply pitched, cross hipped roof form with a prominent,
asymmetrically placed front-facing gable exhibiting decorative half-timbered
detailing with delicate vergeboards and facias. The exterior walls are finished in
painted stucco with a hand-trowelled, smooth texture. Copper gutters, scuppers
and downspouts add additional detail and interest. The original cedar shingle
roofing has been replaced by composition shingle roofing with red clay tile hip
and ridge caps.
Since the home was built in 1931 it has been enlarged by two wing extensions to
the rear (1965 and 1974) that flank a central courtyard and patio. The original
structure and its original garage are completely intact, however. Several massive
chimneys with decorative brickwork and multiple shafts topped by chimney pots
add vertical interest to the roofline and further reinforce the Tudor influence. Two
front-facing gabled dormers add interest to the roof expanse presented to the street.
The facade is dominated by four major groupings of tall, narrow, multi-paned
casement windows with upper transoms. The bulkhead panels below each grouping
are infilled with patterned red brick. Of all the home's features, these windows
are the most significant defining characteristic of the Tudor revival style.
The uncovered, front entry porch extends over the full width of the main living
room and is predominantly shielded from the street by a low hedge. The heavy,
medieval-inspired 10-panel entry door is crowned by a large carved stone lintel
that is obscured from view by a copper hood of French design that appears to have
been added at a later date for weather protection.
Although dominant as a style of domestic architecture across the country in the
1920's and early 30's, the Laird residence represents a particularly unique and
rare style of building for San Luis Obispo. Other Tudor-inspired examples found
in the City lack the scale, proportions and impressive fenestration that this home
features. The home occupies its original site and relates to the street with its
signature tree canopy in a manner not found elsewhere in San Luis Obispo. When
coupled with its highly public site on one of the City's most charming streets this
structure makes a significant contribution to the rich visual character that prompted
the City to initially establish the Mill Street Historic District.
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Attachment 2
Mr. Harry J. Laird
Between 1904 and 1930 Mill Street became the fashionable home to many of San
Luis Obispo's prominent citizens. Among them merchants, physicians, bankers,
engineers and financiers. The Mill Street District provided for larger lots, more
space between structures and safety from the fires and floods that often plagued
the downtown area.
Harry and Ruth Orton Laird, who moved into their new Tudor Revival style house
in September of 1931, were just such citizens. Mr. Laird was a respected
entrepreneur who was involved in many local ventures and whose influence is
still felt in San Luis Obispo. An automobile dealer himself at 1009 Monterey
Street (later became the Greyhound depot) in the 30's, Mr. Laird provided the
financial support that enabled Mr. Stanley Cole to establish Stanley Motors further
up Monterey Street in 1950.
The Stanley Motors dealership (now known as Cole Chrysler Dodge) was a
prominent fixture at 1330 Monterey Street until moving to South Broad street in
November 2004.
9 .
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Harry J.Laird
CA 1918-1920
Mr. Laird parading on Monterey Street in front of his future auto dealership
(1918-1920)
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Attachment 2
The Laird House, 1323 Mill Street
Ownership History
Harry J. & Ruth Orton Laird 1931
A.R. Joughin 1944
Lester H. Gibson 1952
Henry A. & Elizsabeth Zevely 1958
Robin & Laurie Rossi 1997
Brendan V. & Kathryn L. McAdams 2004
14
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City of San Luis Obispo Mff�fifbk $
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Reference No. Name Gloria Heinz
Photo No. Phone 543-4913
DirectionDate 2-23-83
7
Parcel No. Z Time Spent
Evaluation Score . Reviewed by
Evaluated by
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Location IIap
ARCIIITECPURAL Id0RIa5IIFr7
1 . Address 1323 Mill Blo ck 33
2. Building Shape: Rectangular L-Shapey Other
3. Stories: 1 Z/ 2 3 Other
4. Roof Shape: Gable Hipped li' Flat Gambrel
False Front Bell Cast Hipped Other
5. Roof Pitch: Low Medium High Flat
Red Tile
6. Roof Material : Tile Builtun Comoositjgri_ (Gravel)
Wood Shingle [i Comr)osition Shingle CtIler._�_
7. Eaves: Close L— Projecting None
8. Roof Trim: (a) Gable End: Projecting Roof Edge Cornice
Bargeboard Parapet Mission Style
Decorated
(b), Special Features: Cupola Finial
Gingerbread Widow's Walk Pendant
Ornaments Grill -Work Pediment
Gable Stickwork L,--
9.
/9. Dormer: Gable air vents Gable with Overhand Other
10. Siding: Clapboard Shiplap Shingle
Plaster or Stucco l/ Brick c/ Other
11 . Window Shape: Rectangular L Semicircular Top Round
Oval Gothic Carved Bdy
12. Window Surrounding Details:
(a) Top: Plainy Victorian Trim Shelf
Molded Other
(b) Sides : Plain /i Molded Other
r
Window Opening: Doubl 09 Casement _� Fixed
Other
14. Other Window Details: Quarterfoi1e Stained Glass Attachment .3
Queen Anne Mullions Other
15. Doorway Location: Center Off Center
16. Doorway Opening Shape: Flat Other slightly recessed
17. Doorway Type: solid„ detail not visible — .covered by heavily designed scree
18. Door Glazing: Glass Etched or Frosted
Stained Beveled
19. Door Surrounding Detail :
Top: Plain Molding Victorian Trim Molded Trim
Shelf Other shaped hood — metal
Sides: Plain Molded Trim Other
20. Ponch: Stoop Open ✓ Closed Other
21 . Additional Features: Chimney G/ Tower or Turret
Decorated Pediment Other
22. Ornamentation (Specify Location) : Spindle & Spool Gable Ornaments
Stickwork Fishscaling Other
23. Architectural Style(s) : List predominant style and, if applicable, secondary styles
An original - Broad low._lines, .but high-pitched roof and stick-.work
sL7ggegits RastPrn �shi ngtP ;;33-d.Znr Rnst.Prn cti rk inflta.er�ce -
24.. Describe the present physical appearance of the structure in standard architectural
terms. One story, with broad front presented to street. Exterior is comb:
nation of plaster, white-washed brick and basket-weave brick used as decor+
tion. Projecting wing forms L-shape on one side. Has peaked. roof with
wooden stick work decoration. Large window composed of jbhree •panels of
small square multi—panesio#Paanne s separated y broad molding strips of
painted wood, similar to stickwork. This pattern repeated in three_yi.+awn
across front of house. Doorway slightly recessed topped with shall meta
hood. Open concrete porch extends width of house,-Two steep—pitch dormers
On roof, with air vents Brick whitewashed rhi mnPynn Si rla f t_.ap ear,
to be original house. Plaster covered wing, set slightly back.�rL�ilis,_._..
appears to be addition. Window pattern repeated in slantiM b4y on lei
portion. Driveway extends along side, curving to rear.
This house was built in 1930, nccordi_ng to owner,
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Attachment 3
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executed the within instrument on behalf of the corporation therein named, end aokaowl-
edged tv me that such corporation ozecuted the same.
+ WITNSSR and official seal.
(Affix Notar ZSff¢tll) Walter J. Johnson
Votary Public in and for said County and State.
iAoeorded at Reques of Title Guarantee Trust Co. Sep 26 1931 at 20 min. past.9 01clock'
!A.M. W. L. Razago County Recorder.
�. By Leila Hughes Deputy Recorder.
i
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V 5917
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f F NOTICE OF COMPLETION
i Notice is hereby given by RUTH ORTON LAIRD, the owner of.that certain lot, piece
t or parcel of laud situate in the City of San Luis Obispo; County of Ban Luis Obispo,'
State of California, and described as follows, to-wit:
' €€ The Northeasterly seventy (70) fast of Let One (1) and the Southaeaterly thirty
(b0) feet of Lot Two (2) in Block Forty-two (42), as per may of the City of Bea Luis
Obispo on fila is the office of the County Recorder of said County of San Luis
Obispo, that said Ruth Orton Laird as owner of said land did on or awut the 23rd day
OI ` of April, 1931 enter into a contract with CHARLES W. FAIRHANSS for the erection of a,
(r residence and a garage upon the land above described.
' 1 That on the 29th day of September, 1931 the work under said contract was actually,
I completed by said Charles W. Fairbanks aLC excepted by said Ruth Orton Laird; that
' ± the said Ruth Orton Laird's title to said property is that of fee simple absolute.
Path Orton Laird
GI ! Ruth Orton Laird.
.n-aka' STAT& OF CALIFORNIA,
SS.
COUNTI OF SAN LOIS OBISPOi
( +
� i,• . 1 RIITH ORTON LAIRD, being duly sworn says; I eda owner of the property described in
�{ the foregoing notice; tha: I have read the foregoing notice and know the contents
2 thereof and that the same is true of my uwa knowledge.
b)!,• p
I ! RuthOrton
Orton Laird.
Subscribed and sworn to before me this 29th day of September, 1931.
f W. T. Shlpsey
QCIA,
Notary Public in and for the County of San Luis Obispo,
State of California.
STATE OF
S9.
County of ass Lula Obispo,
On this 29tb day of September, 1931 before me, W. T. 3hipsey, a Notary Public in
and for the Couuty of San Luis Obispo,'State of California, personally appeared
RO'r.4 ORTON LAIRD, ;mown to me to be the person whose name is Wbscribed to the with
in instrument, and acknowledged to me that ha executed the came.
ZR WITNESS WHEREOF, I have hereunto net my hand and affixbd my official seal.
W. T. Shipsoy
A. Notary Public aforesaid.
� (SQL)
j Recorded at Requcst of W. T. Shipsey SEP 30 1931 at 25 min. past 10 o'clock A.N.
i W. L. Ramage County Recorder.
' By Leila Hughes, Deputy Recordor.
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Attachment4
City of San Luis Obispo Cultural Heritage committee
DELINEATION OF HISTORIC RESOURCE CRITERIA
FOR BUILDING EVALUATION AND RECOMNIENDATIONS
ARCHITECTURAL CRITERIA
1. Style
Describes form of building such as size;structural shape and details within
that form (i.e., arrangement of windows and doors, ornamentation, etc.)
Building style will be evaluated as a measure of;
1. The relative purity of a traditional style(as compared to building styles
in San Luis Obispo);
2. Rarity of existence at any time in the locale; and/or current rarity
although the structure reflects a once popular style;
3, Traditional, vernacular and/or eclectic influences that represent a
particular social milieu and period of the community; and/or the uniqueness
of hybrid styles and how these styles are put together.
4. The degree to which the structure has maintained its integrity (i.e.,
assessmebt of alterations and structural condition, if known).
II Desipn
Describes the architectural concept of a structure and the quality of artistic
merit and craftmanship of the individual parts. Reflects how well a particular
style or combination of styles are expressed through compatibility and d detailing
of elements. Also, suggests degree to which the architect (i.e.,
carpenter-builder). accurately interpreted and conveyed the style(s).
Building design will be evaluated as a measure of:
1. Notable attractiveness with aesthetic appeal because of its uniqueness,
artistic merit, details and "craftsmanship;
2. Overall attractiveness because of craftsmanship and aesthetic value, though
not necessarily unique;
3. .An expression-of-interesting details and eclecticism among
carpenter-builders, although the craftsmanship and "artistic quality may not
be superior.
Attachment 4
III. Aim
Age is a measure of how relatively old a structure is in the context of the
history of San Luis Obispo, primarily Anglo-American history (circa 1850). (See
Scale of Building Age).
CRITERIA FOR BUILDING EVALUATIONS
IV. Architect
Describes the professional (an individual or firm) directly responsible for the
building design and plans of the structure.
The architect will be evaluated as a reference to:
L A master architect (e.g., Wright).
2. A known architect who made significant contributions to the state or region
(e.g., Julia Morgan).
3. An architect who, in terms of craftsmanship, made significant contributions
to San Luis Obispo (e.g., Abrahams who, according.to local sources,
designed the house at 810 Osos - Frank Avila's father's home - built
between 1927 - 30).
4, An early architect who it otherwise of no special.significance but can be
identified as a professional (e.g., pioneer architects of the region as
confirmed by AIA archival membership records of California and the Central
Coast).
V. Environmental Design Continuity
Describes the inter-relationship of structures and their relationship to a
common environment. Refers to the continuity, spatial relationship, and visual_
character of a street, neighborhood, or area.
Environmental design continuity will be evaluated as a measure of the:
1. Symbolic importance of a structure to the community and the degree to which
it serves as a conspicuous and pivotal landmark (ie., easily accessible to
the public, helps to establish a sense of time and place).
2. Compatibility of a structure with neighboring structures in its setting on
the basis of period, style (form, height, roof lines), design elements,
landscapes, and "naturalfeatures; and how these combine together to create
an integral cultural, historic, or stylistic setting.
3. Similarity to and/or compatibility of a structure with its neighboring
structures which, collectively, although of no particular aesthetic value,
combine to form a geographically definable area with its own distinctive
character.
C! n =-0
Attachment' 4'
HISTORICAL CRITERIA
VI. History - Person
Describes a person, group, organization, or institution that has been connected
with the structure, either intimately or secondarily, for at least two
generations (i.e., 40 years).
Historical person will be evaluated as a measure of the degree to which a person
or group was:
L. Significant to the community as a public leader (i.e�mayor, congressman,
etc.) or for his or her fame and outstanding recognition - locally,
regionally; or nationally.
2. Significant to the community as a public servant who has made early,
unique, or outstanding contributions to important local affairs or
institutions (i.e.; councilmen, educators, medical professionals,
clergymen, railroad officials).
3. Contributions which, though minor, directly or indirectly, had a beneficial
effect on the community (i.e:, firemen, law enforcement officers, postal
workers, businessmen/shopkeepers; city employees, etc.).
VII. History =.Event.
Associated with a social, political, economic, governmental, educational or
other in event that has been important to the community.
Historical event will be evaluated as a measure of:
1. A landmark, famous, or first-of-its-kind event for the city regardless of
whether the impact of the event spread beyond the city.
2. A relatively unique or interesting contribution to the city (i.e., the Ah
Louis Store as the center for Chinese-American cultural activities in early
San Luis Obispo history).
3. A contribution which, though minor, nonetheless was important to the
community (i.e., local interest groups); or, alternatively, a unique or
interesting contribution only loosely connected with the structure, object,
site, or district.
VIII. History-Context
Associated with.and also.a prime illustration of predominant patterns of
political, social, economic, cultural, medical, educational, governmental,
military, industrial, or religious history.
Historical context will be evaluated as a measure of the degree to which it
reflects:
Clo -aI
ATTACHMENT 4
1,. .Early, first, or major patterns of local history, regardless of whether the
historical effects go beyond the city level, that are intimately connected
with the. building (i.e., County Museum).
2. Secondary patterns of local history but closely associated with the
building (i.e. Park hotel).
I Secondary patterns of local history but loosely associated with the
building.
Historical context will also be evaluated on the basis of:
4. Whether or not a structure occupies its original site and/or whether or not
the original foundation has been changed, if known. .
-- Attachment 5
GROPIr F41 city of
san Luis ostspo
List of Historic Properties Under Mills Act Contracts
Updated September 7, 2005
Property Owner __ __ __ Address Historic Name
Randy and Shane LaVack 670.Islay St. Fitzpatrick.House
Robt. and Zoe Schrage 1167 Marsh St. Graves House
G:Johnson and V.Wood 547 Marsh St. Kaetzel House
Malcolm and Peggy Carlaw 461 Islay St. Erickson House
David and Cathy Holmes 591 Islay St. Sandercock Home
Lorilee M. Silvaggio 752 Buchon St. Stanton House
Astrid Gallagher 1763 Santa Barbara Tribune-Republic Bldg.
Astrid Gallager 1717 Santa Barbara William M. Duff House
Astrid Gallagher 1105 George St. Edward F. Bushnell House
David and Joan Hacher 896 Buchon St. Cosset House
Carol Adams 745 Buchon St. Bradbury Home
Adrienne Riley 1426 Broad St. Griffin or Dutton House
Bill and Michelle Walters 1504 Broad St. Vetterline House
J. Kelly Moreno 1511 Morro St. Martha Dunlap House
Mary Marquardt 1435 Broad St. George Miller House
Keith and Kathy Godfrey 963 Broad St. Manderscheid House
C ro -a3
1 I
Atachinent 5
Mills Act.Properties, Continued
Gary Toll 11174119 Marsh St. Esquar House
Sani Java 1212 Garden St. McCaffrey House
David Hannings 642 Monterey St. Hays/Latimer Adobe
Steven and Ilene Sicanoff 1720 Johnson Ave. The Judge's House
Gordon and Deanne Oliver 1428 Nfpomo St. Rogers/Sandercock House
Richard Lenz 559 Pismo St. Biddle House
Vince Fontei Rob Rossi,Brendon 1314 Palm St. Righetti House
McAdams
wurnills awlist of mills ad propeaties9-7.05
1
MEETING UPDATE Attachment 6
SPECIAL MEETING
San Luis Obispo Cultural Heritage Committee
October 11, 2005 Tuesday 5:30 p.m.
ROLL CALL: Chairperson Chuck Crotser, Vice-Chair Sandy Baer, Barbara Breska,
Robert Pavlik, Lynne Landwehr, and Tom Wheeler (with one vacancy)
STAFF: Phil Dunsmore, Associate Planner,and Jeff Hook, Senior Planner
MINUTES: Minutes of the August 22, 2005 regular meeting. Approve or amend.
PUBLIC HEARING ITEMS:
1. 1306 Mill Street. O 135-05; Request to nominate the historic Lind House for a Mills
Act application; R-2-H zone; Russell Berg, applicant. (Continued from August 22,
2005)
Due to a potential conflict of interest, Chairperson Crotser and Committee member
Breska recused themselves and left the hearing room.
The Committee voted 4-0 to recommend the City Council approve a Mills Act contract for
the historic Lind House, as described in the draft Mills Act contract, and determined
proposed remodel work shown in plans was consistent with the Historic Preservation
Program Guidelines and the Secretary of the Interior's Standards for the Treatment of
Historic Properties. Committee members asked the applicant to provide photo-
documentation for the garage to be demolished and the applicant agreed.
Chairperson Crotser returned to the meeting.
2. 1323 Mill Street CHC 116-05; Request to add Contributing Historic Property
to the Master List of Historical Resources and to enter into a Mills Act Contract; R-2-
H zone; Dr. Brendon McAdams, applicant.
Committee member Breska had a potential conflict of interest and remained outside of the
hearing room.
Committee members complemented the applicant on the rehabilitation work done on
the house and on a motion by Committee member PaWk, seconded by Committee
member Baer, the Committee voted 5-0 to nominate the property to the Master List of
Historic Resources and to recommend the City Council approve a Mills Act contract for
the property, as described in the draft Mills Act contract, subject to the following findings
of eligibility from the Historic Preservation Program Guidelines:
Cao -a5
CHC Special Meeting Agenda, October 11,2005 Attachment 6
Page 2
ARCHITECTURAL CRITERIA
L Style
3. The house exhibits traditional, vemacular and/or eclectic influences that represent a
particular social milieu and period of the community;and/or the uniqueness of hybrid
styles and how these styles are put together.
11:Design
2. The house's design is exceptional due to its overall attractiveness due to craftsmanship
and aesthetic value, though not necessarily unique,
V. Environmental Design Continuity
2. Compatibility of the house with neighboring structures in its setting on the basis of period,
style(form, height, roof lines), design elements, landscapes, and natural features;and
how these combine together to create an integral cultural, historic, or stylistic setting.
Committee member Breska returned to the meeting.
3. 782.Hl-Quera Street. ARC 115- ; Architectural review of seismic retrofit, building
demolition, new buildings and r odel; C-D-H zone; Naman Family Trust, applicant:
Following extensive discussio , and on a motion by Committee member Pavlik,
seconded by Committee memb r Baer, the Committee voted 6-0 to continue the item to
the November 28, 2005 meetin to allow additional review and consideration of other;
nearby Downtown development rojects (in terms of design and scale) and project
consistency with local, state and fe ral preservation standards..
4. 1.190 Buchon Street ARC MI 136- Addition to contributing historic house and
new garage and apartment; R-2-H zone, Steve Hopkins, applicant.
Seven neighbors spoke in support of the proje t. Committee members felt the project
design was consistent with the Old Town H otic District, the Historic Preservation
Program Guidelines and with the Secretary o the Interior's Standards. On a motion by
Committee member Landwehr, second d by Committee member Breska, the
Committee determined that the stru ure to be demolished has no historical,
architectural, or aesthetic significan to the community, and that the proposed
construction is compatible with the istoric Preservation Program Guidelines and the
Secretary of the Interior's Standa s for Rehabilitation and will not impact the historic,
architectural, or aesthetic s* Iw. I ce of the contributing historic property. The
Committee referred the project ck to the Community Development Director with
direction to approve the project a ubmitted, with the applicant to provide photo-
documentation of the garage to be demo d.
Cep -cl (o
Attachment 7
RECORDING REQUESTED BY:
CITY OF SAN LUIS OBISPO
WHEN RECORDED RETURN TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo,CA 93401
Attn: City Clerk
Recorded for the benefit of the City of San_ Luis
Obispo at No Fee Under Section 27383 of the Government Code.
The undersigned declare that there is no documentary
transfer tax on this matter.
RESOLUTION NO. (2005 Series)
ADDING PROPERTY LOCATED AT 1323 MILL STREET TO THE MASTER.LIST OF
HISTORICRESOURCES AND APPROVING AN HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO,IN THE COUNTY OF SAN LUIS OBISPO,STATE OF
CALIFORNIA,AND BRENDON AND KATHRYN MCADAMS,OWNERS OF A
DESIGNATED HISTORIC RESOURCE AT 1323 MILL STREET,IN SAN LUIS
OBISPO.
WHEREAS; in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources", and in 1986 adopted Resolution No. 6097 establishing
historical preservation program guidelines, including procedures for adding properties to the
listing;and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on October 11, 2005 to consider a request by Dr. Brendon McAdams and Kathryn
McAdams; owners of 1323 Mill Street, to add said property to the Master List of Historic
Resources
WHEREAS, said property_ was being considered for historic status, in part, because of its
archiitectuml style, craftsmanship and aesthetic quality, and environmental design continuity with
its neighborhood setting; and
WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical
documentation.on the property and recommended that the,City Council add the property to the
Master List; and
WHEREAS, this City Council considered this recommendation during an advertised
public hearing on November 1, 2005, pursuant to historic preservation guidelines established by
Council Resolution No. 6157 (1987 Series); and
Ct o �a7
Attachment 7
Council Resolution No. (2005 Series)
Page 2
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 an on-going historic
preservation program to promote the preservation, maintenance and rehabilitation of historic
resources through financial incentives; and
WHEREAS, the owners possess fee title in and to that certain qualified real property;
together with associated structures and improvements thereon, located on Assessor's Parcel
Number 001-223-002, located at. 1323 Mill Street, San Luis Obispo, California 93401, also
described as the Laird House, (hereinafter referred to as the"historic property"); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property
as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's
Historic Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into thus
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/or 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo based on the Cultural Heritage Committee's recommendation, documentation for the
property on file in the Community Development Department, public testimony, the staff report,
and on the City's Historical Preservation Program Guidelines, the following:
SECTION L Findings_. The building located at 1323 Mill Street Johnson Avenue meets the
Historic Preservation Program Guidelines criteria for historic listing as a Master List Property under
Architectural Criteria I, Style - (3) 11. Design — (2); and V. Environmental Design Continuity—
(2), based on the following findings:.
1. The property exemplifies traditional, vernacular and/or eclectic influences that
represent a particular social milieu and period of the community, and/or the
uniqueness of hybrid styles and how these styles are put together.
Attachment 7
Council Resolution No. (2005 Series)
Page 3
2. Overall attractiveness because of craftsmanship and aesthetic value,though not
necessarily unique.
3. Compatibility of a structure with neighboring structures in its setting on the basis of
period, style (form, height, roof lines), design elements, landscapes,and natural
features;and how these combine together to create an integral cultural, historic, or
stylistic setting.
SECTION 2. Addition to Master List of Historic Resources. The property and buildings
located at 1323 Mill Street, "The Laird House," hereby added to the Master List of Historic
Resources as a. Type 5 Property, not eligible for the National Register of Historic Places but
significant at a local level,based on historic documentation on file in the Community Development
Department..
SECTION 3. Historic Preservation Agreement approved. The City Council hereby approves
the attached historic preservation agreement.between the City of San Luis Obispo and the
owners,Attachment 1.
SECTION 4. Mayor Authorized to Sign Agreement for City. The City Council hereby
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis
Obispo.
SECTION 5. Environmental Determination. The City Council has determined that the above
actions do not constitute a project, as defined by Section 15378_ of the California Environmental
Quality Act and are exempt from environmental.review:
SECTION 6. Recording of Historic Properties. The City Clerk is hereby directed to record the
properties' historic designation and legal description with the San Luis Obispo County Recorder,
pursuant to State Law.
SECTION 7. Recordation of the Agreement. No later than twenty (20)days after the parties
execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in
the Office of the County Recorder of the County of San Luis Obispo..
SECTION 8. Publish Revised Master List of Historic Resources. The Community
Development Director is hereby directed to amend the Master List of Historic Resources to include
the property listed above and to publish a revised Inventory of Historic Resources for public
distribution.
Upon motion of , seconded by , and on the following roll
call vote:
Attachment 7
Council Resolution_No. (2005 Series)
Page 4
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this , 2005.
Mayor David F.Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED:
Lowell,City Attorney
mu ' 26-W
CId - 3�
-n merit 7
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT
1323 MILL STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,STATE OF
CALIFORNIA.
THIS AGREEMENT is made and entered into this day of , 2005,by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
"City"), and Brendon and Kathryn McAdams (hereinafter referred to as "Owners"), and
collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owners, 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"j, 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.
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:
Ait CliTlcl 1t 7
Historic Property Agreement, 1323 All Street
Page 2
A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the
property 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 B, to the satisfaction of the Community Development Director or his
designee.
B. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre-arranged tours on a limited basis, to the approval
of the Community Development Director or his designee.
C. 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 such as oak and mahogany details, pillars and arches,
.special tilework or architectural ornamentation, to the greatest extent possible.
D. 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.
E. Owner agrees that property tax savings resulting from this agreement shall be used for
property maintenance and improvements as described in Exhibit A.
F. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; 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.
G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior
C (b 3 �
At'ach-ent 7
Historic Property Agreement, 1323 Mill Street
Page 3
G. 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 canceled 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 1/2% 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 property is acquired by eminent domain and the City Council determines
that the acquisition frustrates the purpose of the .agreement, the agreement shall be
canceled 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
convected 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 obligations of the Owner growing out of the terms of this agreement, apply to
C� d -3 3
Attachment 7
Historic Property Agreement, 1323 Mill Street
Page 4
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 property
I ocated at 1323 Mill Street, San Luis Obispo , California; 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
990 Palm Street
San.Luis Obispo, CA 93401
To Owners: Brendon and Kathryn McAdams
1323 Mill 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
Cao -3y
Mir
,+ r 7
Historic Property Agreement; 1323 Mill Street
Page 5
shall such terms, provisions, or conditions cause them to be considered joint ventures or
members of any joint enterprise.
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 cause 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
refer-red to in this agreement regardless of whither 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 effected thereby.
G. This agreement shall be construed and governed.in accordance with the laws of the State
of California..
0, �3 �
Af4
t
Historic Property Agreement, 023 Mill Street
Page-6
Section 11. Amendments. This agreement may be amended, in whole or in pan, 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 execute and
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; however the City may charge reasonable and necessary fees to recover direct
costs of executing, di dadministerin
-x ing, recor -ng, and g the historical property contracts.
IN WITNESS WHEREOF, the city and owners have executed this agreement on the day
And year written above.
CITY OF SAN LUIS OBISPO
David F. Romero, Mayor Date
OWNERS
Brendon McAdams Date
Kathryn McAdams Date
APPROVED AS TO FORM:
STATE OF CALIFORNIA 110tUtHAN P LOWELL
) ss. City Attorney
COUNTY OF SAN.LUIS OBISPO )
On this_day of 2005, before me, the undersigned, a Notary Public in and
for said State, personally appeared known to me to be the mayor of
the City of San Luis Obispo, a-municipal corporation existing and organized under the laws of
the State of California.
Witness my hand and official sea].
Mea
rL
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
1323 MILL STREET,SAN LUIS OBISPO? CALIFORNIA.
1. 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 1323 Mill 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.
2. Owner agrees to make the following improvements and/or repairs during the term of this
contract, but in no case later than January 31, 2015, or ten (10) years from the contract date,
which ever comes first. All changes or repairs shall be consistent with the City's Historic
Preservation'Program Guidelines and the Secretary of the Interior's Standards for the Treatment
of Historic Properties:
(Add list of major improvements/repairs)
OWNERS
Date
Date
JH/UmiIIsaWlain ousecon9-2605