HomeMy WebLinkAbout11/01/2005, C9 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC LIND HOUSE (O-135-05). council
acEnba Repout I Tkmr=MbW
CITY OF SAN LUIS O B I S P O
FROM: John Mandeville,Director of Comm
unit lop t
Prepared By: Jeff Hook, Senior Pl
SUBJECT: APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC LIND
HOUSE(0 135-05).
CAO RECOMMENDATION:
As recommended by the Cultural Heritage Committee (CHC), adopt resolution approving a Mills
Act contract for the historic Michael Lind House;located at 1306 Mill Street.
DISCUSSION
Advisory Body Recommendation
At its October 11, 2005 public hearing, the CHC voted 4-0 (Commrs. Crotser and Breska recused
themselves due to a potential conflict of interest, one Committee seat vacant) to recommend the
City Council approve a Mills Act contract for the historic Lind House, as described in the draft
Mills Act contract. The Committee also determined that the applicant's proposed remodel work
was consistent with the Historic Preservation
Program Guidelines and the Secretary of the
Interior's Standards for the Treatment of
Historic Properties.
The Historic Lind House, Mill Street elevation
Background
In December 2000, the City Council approved
.ix 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. Twenty three properties are.
already benefiting from the program and realizing property tax reductions of up to 50 percent
(see List of Mills Act properties, Attachment 5). The City recently received a request by the new
owners of the historic Lind House to be included in the Mills Act program (Attachment 2). The
property is on the City's Master List of Historic Resources due to its architectural and Historical
significance. The building's new owners plan an extensive restoration of the Eastern Shingle
style house.
C9 -/
City Council Staff Report, 1306 Mill Street
Page 2
Mills Act Contracts
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. Commercial and
residential properties on the Master List of Historic Resources are eligible for the program.
Mills Act contracts are prepared using_ standard language provided by the State Historic
Preservation Office. The contracts differ substantively only in Exhibits A and B, which describe
the historic property and the property owners' planned maintenance and improvement programs.
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.
erm2. 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 ori subsequent owners, heirs, or assigns until the
agreement is canceled. There is a significant financial penalty for breach of the historic
contract.
4. Mills Act Contracts have a minimum 10-year term. The agreement is self-renewing annually
for additional one-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 Historic Preservation
Projects, with the guiding objective being the preservation of the building's original
historical character and significance.
Site Data
Address: 1306 Mill Street
Historic Name: Lind House
Owners: Russell and Rea Berg
Current Use: Single family dwelling
Zoning: R-2-H(Medium-Density Residential)
Status: The Master List property is undergoing historic restoration and minor
� qra
City Council Staff Report, 1306 Mill Street
Page 3
remodeling in the rear yard.. A non-contributing carport structure and
wood lath garden structure are to be removed.
Background
The house's new owners plan to rehabilitate the home to its original character and to live in the
house. The rehabilitation process has already begun with interior work. Additional work
planned includes: removing and remodeling a master bedroom addition to be more consistent
with the house's original architecture, constructing a minor addition at the rear of the building at
the ground floor, re-roofing; repainting trim, removing the front, non-original stair banister and
railing, removing a non-original carport at the rear(off Johnson Avenue), residing the house with
cedar shingles to match the original sidingi repairing, replacing or restoring original exterior
architectural features, replacing or restoring original windows as needed, modernizing plumbing,
electrical and heating systems, and landscaping, including removal of the large blue cedar tree
overhanging the front balcony. The owners are also planning improvements in the rear yard,
which include removing or relocating a small carport at the rear of the lot to provide more
covered parking, removing a non-original shade structure and installation of an in-ground
swimming pool.
Historic/Architectural Significance
Estimated to have been built in 1905, the Lind House is one of the City's outstanding examples
of an Eastern Shingle cottage. The flush or bell cast slightly upturned eaves, along with a
shingled exterior are prominent features of this.style. Its presence in San Luis Obispo around the
turn of the century marks an era of architectural transition, between.Victorian, Neo-Colonial and
early 20'" century residential designs. This particular house has Colonial Revival overtones, as
evidenced by a Neo-Classic porch and proportioned windows, and decorative mullions in the
upper window sashes which are a carryover from Victorian architectural styles. Located in the
Mill Street Historic District, the house was owned by Caroline and Jean Lind in 1914. Anecdotal
information indicates the house may have been built for the President of Cal Poly, Le Ray
Anderson;but there is no information to corroborate this or any record he ever lived there.
FISCAL IMPACT
Approval of the agreement will not have any significant fiscal impact.
ATTACHMENTS
1. Vicinity Map
2. Property Owners' Letter
3. CHC Historic Inventory
4. Typical Features of Eastern Shingle Cottages
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
JhVCCmpmVUndxonseCCrep0rt11-1.05
C a -3
Attachment 1
1306 MILL - ; 001-214-004
_ - %t_ T
-- i .
= PE L LYS
i
i '
CITY OF SAN LUIS OBISPO
GEODATA SERVICES /
955 MORRO STREET
SAN LUIS OBISPO,CA 93401
805 781-7167 8/10/2005 1423
Attachment 2
July 15, 2005
Russell Berg
139 Main St.
Sandwich Village; MA 02563
Jeffery W. Hook, AICP -
Senior Planner
Community Development Dept.
San Luis Obispo, CA 93401-3249
Mr. Jeffrey Hook,
Thank you for sending the Mills Act application. In May, my wife,Rea and I
purchased the historic Lind House on Mill St. We will be moving from
Massachusetts to San Luis Obispo by the end of this year. Currently my son,
Solomon, is in residence there., He is an architecture major at Cal Poly and would
be available to represent me or allow entrance to the property.
We would like to be included in the Mills Act program to merit substantial
property tax relief by using the savings to help repair, improve and preserve our
new home. As you know this Craftsman Eastern Shingle looks lovely from the
street but upon closer inspection one finds that it is in need of repair like many other
100 year old homes in the area. Our goal is to bring back the house to a pristine
condition while keeping intact it's many architectial details. We are `old house
people' and enjoy the challenge of restoration. Our first year `to do list' includes:
• replace roof with architectural 40 yr comp shingle
• install copper rain gutters
• replace exterior shingles with unpainted/treated clear cedar shingles
• repaint all exterior trim in light cream enamel
• remove non-original bannister and railing on front porch
• remove non-original carport structure
• replace Johnson St. side of backyard fence
• restore damaged exterior craftsman style windows in living room
• restore damaged exterior bay window in dining room
• replace non-original,back upstairs windows with compatible wood units
• install new electrical circuit breaker panel
• maintain tremendous landscape
We have already tented the house for termites and replaced the floor furnace.
Solomon is currently, removing wallpaper, painting the inside and repairing cracked
plaster walls. We are in the idea stage and will have plans to remodel the kitchen
� q -S
Attachment 2
and two bathrooms which are currently in a very sixties style. We have no plans to
increase the footprint of the home. Needless to say there is much to do but all this
is designed to enhance the home's historic character in an exemplary fashion. We
have lived in antiques for the past 26 years both in California and Massachusetts
both of which have been either maintained or restored to reflect their original
charm. This is our first opportunity to actually receive some monetary benefit for
what we love to do. Thank you for this on-going historic preservation program.
Now we know one of the reasons SLO was so attractive to us. It is obvious that old
buildings are valued in this community by offering such a generous provision.
Thank you for considering our request. We hope to hear from you.
cerely,
Russell Berg
CR -(p
�.
� G�/�J"
� I ���
,�� � �"
����
,��
�,
. �,
1
y A chment 2
�� oelt�'N�,lii
� C 1
.j�
J ,x.
J
HISTORIC 1905 LIND HOUSE
• Lovely Craftsman Eastern Shingle style estate.
• Located on the most wonderful tree lined boulevard in San Luis Obispo
• Recipient of two"Obispo Beautiful"landscape awards
• A"qualified historical property"with potential eligibility for the National Register
• Zoned R-2-H Medium Density Residential Historic
• Two story,4 bedroom and 21/2 bath residence in neighborhood of vintage homes
• Original architectural details include open staircase,high cove ceilings,pocket doors,
wall paneling,many built-ins,and oak flooring inset with mahogany
• Covered front porch,broad entry door opening to large foyer
• Pocket doors separating living room from foyer with gas fireplace flanked by built-in
aring
ZI
• Open archway to den/hbrary/music room
• Formal dining room with large bay window,decorative fireplace facade and partially
paneled walls
• Bright kitchen with large breakfast alcove opening to rear patio and walk-in pantry
room with an abundance of built-in storage
• Master suite with private bath large picture windows offering priceless views of lo-
cal mountain peaks
1306 Mill Street - San Luis Obispo
C q - 7
State of California-The Resor It Agency ler. No. 0064-04R
DEPARTMENT OF PARKS AND 'REATION HABS HAEER Npp 4 SHL LOC_
UTM:�O/713D30, 9071B
HISTORIC RESOURCES INVENTORY C D
IDENTIFICATION Mesler Residence Attachment 3
1. Common name:
2. Historic name: Lind House
3. Street or rural address: 1306 Mill Street
City San Luis Obispo Zip 93401 County San Luis Obispo
4. Parcel number: 01-214-04
4_ r syg - sz,17
5. Present Owner. Mesler, E.J. and F.VA" Address: 1306 Mill
City San Luis Obispo Zip 93401 Ownership is: Public Private X
6. Present Use: Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Eastern Shingle
7b. Briefly describe the present physical desuipdon of the site or structure and describe any major alterations from its
original condition:
This house is a two story with slanted dormer which encompasses the upper
floor. Ground floor has centered open porch with square columns and
brackets supporting the roof. Centered door is flanked by small 8/1
double hung windows. Two panel 18/1 double hung window on side of front
is repeated on the second floor. The other side has slanted bay with
multi-panes in top half of each panel. There are blind transoms. Upper
floor has slanted bay in center repeating the pattern: Steep gable faces
side of house with pediment return. Dentil decoration is below gable roof
line. Double hung windows have multi-pane on top.
- 8. Construction date:
Estimated 1905 Factual
9. Architect Unknown
Unknown 10. Builder II
11. Approx.property size (in feet)
-_ Frontage 90' Depth 180'
or approx. acreage
-- ; 12. Date(s) of endosed photographs)
December 1982
DPR 523(Rev.4/79)
0 q- 8'
Attachment 3
13. Conditioht Excellent _G000.e-- Fair_ Deteriorated No longer in existence
14. Alterations:
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_Densely built-up
Residential -$ Industrial _Commercial Other:
16. Threats to site! None known X Private development_ Zoning Vandalism
Public Works project Other:
17. Is the structure: On its original site? Yes Moved? - Unknown?
18. Related features-
SIGNIFICANCE
19. Briefly state historical and/or architectural importance (include dates,events,and persons assoaated with the site.)
Probably built in the very early 1900's,. this house is commendable as one
of the outstanding examples of an Eastern Shingle cottage in the city.
The flush or bellcast slightly upturned eaves along with a shingled
exterior. are predomiant features of this style. Its presence in San Luis
Obispo around the turn of the century markes an era of transitional
building. Eastern Shingle designs served in part as interfaces between
Victorian and Neo-Colonial, transitional early 20th century architecture.
This particular structure has Colonial Revival overtones, a Neo-Classic
porch and classic proportioned windows. The decorative mullions in -the
upper sashes of the windows are a carry-over from the Victorian era.
Located in the Mill Street district, a neighborhood that composed a
fashionable residence for the affluent in the very late 1800's and early
1900's, the home was owned by Caroline and Jean Lind in 1914. They were
proprietor s .of. boo and statiprie in 1914..
Locational.sketch map(draw and label site and
surrounding streets,roads,and prominent landmarks):
20. Main theme of the historic resource: (If more than one is NORTH
checked;number in order of importance.)
Architecture i Arts& Leisure Economic/Industrial=Exploration/Settlement -
Govemmer, __-.Military
Religion Soeiai/Edueation \ '
21. Sources(List books,documents,surveys.personal interviews
and their dates).
City Directory (1914) N J
Sanborn Fire Insurance Maps
(1903, 1909)'
22. Date form prepared AN 1-5- 1983
BY(name) Historic Res. Survey Staff
Organization Cit- of San Luis Obi.spo
Address P.O. Box 321
City _ . San Luis Obispo Zp 93401
Phi: (805) 541-1000
Attac' lent.4 ' G y
y � �Lo � ayL o �0
«'ZJ d Q d N •.�.."fl'� �"'
w u
c� �
W G U L •p L
06=
d
® E 0
oyia: 0
Zffie Vco = 'r,°� Em-00
>,� ;n
N 0U 'C $36 N y 7 w r
W
N d t
LL.5 cti O mG C'G. r
. ._ o � 0 • G '01 .
[a � �s ods= ° € c0'
RLQ0- E -
� � Hb S �� >08 -a
(7 c e rn 3 0 > R -
.Ti
a- d °G
Gra n y g
mc° E ° y
Lu r A �
V
w pprn OOy Erd 3
x T w '6O 0wQffi
O 0
. 8drU
E" QQ o " Da
0. IIIIIIIQ 0'oyc2 tsd� 3a. oGiaaicai
w O A� 612AEv°°FEs
O . N G d w s
e 8 t m d y °� $ A $rs R o d `m b G d L= c cL x °' r 0 r
� 2 0-4 � �o o�� d � CA ���� �-Scor 3 � o E �. CIS E) � G � 3
a' o € a ad d�a xpO+ y =..j oEiU g�rS 0 G c y H o0i E � 3 a �o a
�oudo o+ ;a 00(3 z'9 -Ao � Afl �3N �m3 o c_ ��v e � EdG 5E
cm � E rc°iwU d 3 °'o¢' ° °O'0 o.Z.8 B: o � U—C a
05 e� = 13L�, a cps v of c v� � 0 0 d 0�0— ° fit xp N >£ .3 t� G 0 .0.0 5 0
o rnd� >d N G �� = $ 0 dL d1E.e�yw o d 3C7 "'cns ° � ? 0 = > °
uc dt d M E OEvoi � 6� „dG y0 o�, 3uc G -oE O ° E
bra G rn� E dx v d 0 doi06 LE2
M >ms3offi i0 �3QSr « Ed -: 03 ,$ 0 01cd °' � Cg �� 'r-) -00 °� omo� ° -cyL�
v e 3�cU o v N �s �i °o'cn �t 3 II a d o '� o c a � 0 c ¢ 3 G c
ov NU "v 5 x
�c�v c a� b N �vs d 3 �'� ffi$ y�p U d d o z 3 g o d� _c 01 �o e"
w d h G�."'� ,� G A N 'a.«. L R d ° i. �. G 3 r .O
m La' s ur- 0 022 o - ffi �- GN3a d -0 -0 .,� . 30�
° `-O ,,,, .0 A'fl ° i0 ffi Q L... G, N O Ol N C C R t o)
w'� ,0 d G E d V y,�.O 'O .. O ' ' 'Cf C .L.+
Raz � dri Ana , dv'' a5gc -o �A yo0id � " 0' S o, 00�8' dcd01�or. E � �
Ol N v G N d F. � ? G d � °' N G H'� " '� y^' .O ° ., y .. O� ,_ •o
w.� A 0 v� o R m o . a Maid t o �' N o E-°� L°a 0
= o m0 m d¢ EN;aOH - ec °' v = moo, t � rn� 0 �� u �' N � 0. 02.° �a�o � ° °� �
S R
0 m �U ttl FEAR ro �, Ex o ra bi F &r{ g A o rn w x A
0 2 $ 0 0
Attachment. 5
Septe W 2M
Grey of
son Luis osIspo
L-ist of Historic Properties Under Mills Act Contracts
updated September 7, 2005
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 BW&
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 Howse
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� -cl
- Attachment 5
Mills Act Properties,Continued
Gary Toll 1117.-1119 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 Nipomo St. Rogers/Sandercock House
Richard Lenz 559 Pismo St. Biddle House
Vince Fonte,Rob Rossi, Brendon 1,314 Palin St. Righetti House
McAdams
jhViniUs act1 ist of mi0s act propaties9-7-05
C � -la-
- Attachment 6
MEETING UPDATE
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 Dunmore, 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-2-1-1 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 In 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 retumed to the meeting.
2. 1323 Mill Street. CHC 116-05; uest to add Contributing Historic Property
to the Master List of Historical R ources and to enter into a Mills Act Contract; R-2-
H zone; Dr. Brendon McAdams, pplicant.
Committee member Breska had a poten ' nflict of interest and remained outside of the
hearing room.
Committee members complemented the pplicant on the rehabilitation work done on
the house and on a motion by Co ittee member Pavlik, seconded by Committee
member Baer, the Committee vo d 5-0 to nominate the property to the Master List of
Historic Resources and to re mend the Cify Council approve a Mills Act contract for
the property, as described in th raft Mi11s Act contract, subject to the following findings
of eligibility from the Historic Presenia ' Program Guidelines:
Attachment 7
RECORDING REQUESTED BY: DRAFT
CITY OF SAN LUIS OBISPO
WHEN RECORDED RETURN TO:
City of San Luis Obispo
990 Palm Stmt
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)
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 RUSSELL AND
REA BERG,OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1306 MILL
STREET,IN SAN LUIS OBISPO.
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�througfirfmancial 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 0.01-214-004, located at 1306 Mill Street, San Luis Obispo, California 93401, also
described as the Lind 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 this
agreement to limit the use of the property to prevent inappropriate alterations and to entire that
C9 - N
t Attachment 7
®RAFT
Council Resolution.No. (2005 Series)
Page 2
character-defining features are preserved and maintained in an exemplary manner, and.repairs
and/or improvements are completed as necessary to cant' 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. s _ . of the Revenue
and Taxation Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION L 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 2. 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 3. Environmental Determination. The City Council has determined that this
historic preservation agreement is not a project, as defined by Section 15378 of the California
Environmental Quality Act and is exempt from environmental review.
SECTION 4. 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.
Upon motion of , seconded by _ and on the following roll
call vote:
AYES:
NOES.-
ABSENT:
OES.ABSENT:
The foregoing Resolution was adopted this ,2005•
Mayor David F.Romero
ATTEST:
Audrey Hooper,City Clerk
C� -IS
1
Attachment 7
®RAFT
APPROVED:
Jo_ Lowell, City Attorney
Cg 'l�
Attachment 7
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT
1306 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 Russell and Rea Berg(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"), 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:.
Cq -17
Attachnent 7
Historic Property Agreement, 1306 Mill 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
descbed 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
/\ILCAV1,111V1 ll
Historic Property Agreement, 1306 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
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 obligations of the Owner growing out of the terms of this agreement, apply to
cq -/q
Attactirn,nt 7
�
Historic Property Agreement, 1306 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 Agreetent. The Owner hereby subjects the historic property
located at 1306 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, deeds 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:
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
C9 _ao
- Rte'T
Historic Property Agreement, 1306 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
referred 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.
Historic Property Agreement, 1306 Mill Street
Page 6
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 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, recording, and administering 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
WNEIt
11 Berg p Date
/7_ V
Rea Berg U Date
APPROVED AS TO FORM:
STATE OF CALIFORNIA ) _
N;NKfHAN P LOW LL -
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 seal.
On this �zt day of ;,��� 2005, before me , the undersigned,
a Notary Public in and for the state of Massachusetts , personally
appeared R,, )p�W !��; Qo (��(a - _ known to me
through identi ' cation; which was f
Notary Publics _
My com :miss-i expires
EXHIBIT "A"
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1306 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 1306 Mill Street.
Character-defining features shall include, but are not limited to: roof,caves:trim,
porches, walls and siding, architectural detailing, doors and windows,balustrades and
railings,foundations and other surface treatment.
2. Owner agrees to make the following improvements and/or repairs during the tern of
this contract,but in no case later than.3anuary 31, 2015,or ten (10) years from the
contract date, whichever comes first. All changes and 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'
MAIN RESIDENCE
Lower Floor
1. Add dining area(approximately 120 square feet to west of existing kitchen).
2. Remodel kitchen: new cabinets and countertops; new flooring
3. Add window on east wall to match existing adjacent windows.
4. Add.toilet room near kitchen
5. Create new connection between "library"and new dining area.Remove existing
windows and.replace with cased opening.
6. Rc-finish front (entry)door
Upper Floor
7. Repair and re-paint or rc-finish interior surfaces
8. Remove roof over existing northeast bedroom (added in 1983), and re-build gable roof
to be more compatible with existing architecture
9: Re-configure existing northeast bedroom to provide a more functional master bath and
bedroom area. Replace aluminum window with new wood windows to inatch
character of existing windows.
10.Create new deck above new addition to be accessed from master-bedroom.
Miscellaneous Items
11. Upgrade plumbing and electrical systems as required by applicable construction codes.
12. Remove existing shingle siding and replace with natural cedar shingles.
13. Replace existing shingle roofing with new shingle roof
14.Repair or re-build damaged wood windows,throughout.
15. Re-build second-story front porch elements
16. Extend chimney on north wall to meet current code requirements.
1.7. Clear seal shingles:repair and rc-paint all trim.
C9 � a3
7
SITE
18. Remove lattice gar-den structure.
19. Remove existing rear brick Patin, replace with flagstone/lawn area(using existing
Ragst-one).
20. Remove "carport"abutting shed at northwest corner of site.
21. Remove existing sin.gIc-stary shed on northwest corner ofsite(future); create
secondary dwelling unit(future)..New.itruc ture shall be architecturally compatible
with the main residence.
22: Remove fence along Johnson Avenue frontage:replace with new fence.
23. Add veneer brick on face of existing low
garden wall at back of sidewalk on street
frontages.
24. Remove blue cedar tree immediately adjacent to from porch.
OWNERS:
Russ 11 Berg Date -------
Rea Aer 5;1e