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HomeMy WebLinkAbout02/21/2006, C 9 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC VOLLMER HOUSE, LOCATED AT 497 ISLAY STREET (O 229-0 council j aGEnaa izcpoizt CITYOF SAN LUIS O B I S P O FROM: John Mandeville,Director of Community Developme� Prepared By: Jeff Hook, Senior Planner / SUBJECT: APPROVAL OF MILLS ACT CONTRACT FOR.THE HISTORIC VOLLMER HOUSE,LOCATED AT 497 ISLAY STREET(O 229-05). CAO RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills Act contract for the historic Vollmer House. DISCUSSION Advisory Body Recommendation At its January 23, 2006 public hearing, the CHC voted 4-0 (with three Committee members absent) to recommend that the City Council approve a Mills Act contract for the historic Vollmer House. The Historic Vollmer House = a Background The City recently received a request by the new owners of the historic Vollmer House, Steve and Laurie Butler, 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. As explained below, participation in the Mills Act historic preservation program is available only to owners of Master List properties and requires a public hearing before the CHC, nomination to the City Council, Council approval and recording with the County of San Luis Obispo. Data Summary Property Owners: Steve and Laurie Butler Zoning: R-2 General Plan Designation: Medium-Density Residential Site Area: 15,020 square feet Site Description: Level site with one house and detached garage with studio apartment above. C 9-i City Council Staff Report,Mitts Act Contract for 497 Islay Street Page 2 The house was remodeled in 1996 when a new garage with second-story apartment was added. The property is in excellent condition and has retained its original architectural character both inside and out. Other than routine maintenance, the only major work needed at this time is repainting the house's exterior. Other work may include new fencing, landscaping and minor repairs. The applicants have submitted a letter describing their planned improvements, with emphasis on repairing and maintaining the historic property. Front entry and porch detail Mills Act Program F. 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 ! TO . ,rr ,•.• j �Q�Q properties to be included in the program � Qee annually. Originally begun in 1996 as a pilot r ►� 4Qt� program, the Mills Act Program allows the City to enter into preservation contracts with the owners of designated historic properties ►-t? �4 who promise to preserve, maintain and in some cases, improve the properties in return for property tax savings. Twenty five historic properties are already benefiting from the program and realizing property tax reductions of up to 50 percent. 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. Mills Act Contract The program is implemented through the execution of a Mills Act contract by both the property owner and the City. The contracts for the participating property owners 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. 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. C 9'a City Council Staff Report,Mins Act Contract for 497 Islay Street Page 3 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. 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. Historic/Architectural Significance Estimated to have been built between 1886 and 1891, this two-story home displays many of the classic features of the Queen Anne architectural style of the Late Victorian era. Some archetypical features include fish scale wall shingles, decorative cornices boxed with frieze and brackets that join the wall to roof, and turned spindle balustrade with similar fretwork repeated above at the front porch. It is located in a neighborhood of mixed single-family houses, duplexes and apartments which has seen significant re-investment and rehabilitation of older houses by resident owners. The house's original owners or residents are not known. In 1904, Mr. and Mrs. Edward Vollmer, early County pioneers and grocery store owners lived here. Later, Charles Olgiati, owner and proprietor of a butcher shop, lived here with his wife and two children in 1906. 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. Draft Council Resolution 5. Draft Mills Act Contract 6. Cultural Heritage Committee Meeting Update,January 23, 2006 jhNCCmportNollmerHouseCCm?on2-21-06 69-3 497ISLAY N ATTACH NN 22-017 l Hl I -T FTTT7 rTTTT7 FFTTT Atta.,hment 1 CITY OF SAN LUIS OBISPO GEODATA SERVICES 955 MORRO STREET SAN LUIS OBISPO,CA 93401 805 781:-7167 1/1212006 14:03 Attachment 2 To whom it may concern, 12-01-05 We have recently purchased the property located at 497 Islay in San Luis Obispo, California and would like to apply for the Mills Act. Because the interior of the home has been extensively renovated in the last few years, our first planned project will be to repaint the exterior of the home. We intend to preserve the fish scales that area major part of the exterior trim. We plan on consulting with a historical colors consultant in order to obtain a color scheme that is not only visually pleasing,but also authentic for the era in which the home was built. We also plan on occasionally painting and maintaining the fences and archways that surround the property. There will also be periodic landscaping additions and changes in order to maintain the"English garden' appearance that is currently so pleasing to the eye. At a time in the future when it becomes necessary, any repairs or changes to the interior of the home will be made with historic preservation,as the highest priority. The beautiful inlaid wood floors that are present in the majority of the first floor will also be lovingly maintained. We feel very fortunate to own this home that is an important part of San Luis l Obispo's history, and are committed to its preservation. If you have any questions,please do not hesitate to contact us. Sincerely, Steve and Laurie Butler State of California—The Resources Agency Ser. No. 0043-05R DEPARTMENT OF PARKS AND "'REATION HAGS HAER_ NR i SHL Loc_ UTM: A 1 04712F9n an5tis0 B HISTORIC RESOURCES INVENTORY C D IDENTIFICATION Attachment 3 1. Common name: 2. Historic name: vnl lmar Hama 3. Street or rural address: 497 Islay City San Luis Obispo Zip 93401 County San Luis Obispo 4. Parcel number: 03-622-09 5. Present Owner: Grider, Ronald M. , et al. Address: P.O. Box 149 City Arroyo Grande Zip 9.3420 Ownership is: Public Private X 6. Present Use: Residential Original use: Residential DESCRIPTION 7a. Architectural style: Eastern Shingle with Queen Anne motifs 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This two storied T-shaped house at 497 Islay,, displays some of the Queen Anne style. Sitting on a raised wood foundation, the wood frame structure is covered with shiplap siding below and fishscale shingles above, flairing at the base and terminating with a boxed panel detailing at the apex of each gable. The cross gabled roof is covered with both fishscales and plain composition shingles. The side gables project unevenly. The decorated cornices boxed with frieze and brackets that join the wall to roof are features of this late Victorian style. Each double hung window is trimmed with decorated slipsill, and a small shed hood with brackets. At the side gables two open porches are supported by turned columns. Turned spindles make up the balustrade and are repeated at a smaller scale around the upper porch. Noticeable additions are a rear shed roof two story and a stairway. Four small sheds are at the rear. The house has been neglected. 8. Construction date: Estimated C'1 aan Factual =dZ� 9. Architect Unknnwn l 10. Builder Unkrinwin _ 11. Approx. property size (in feet) '- Frontage 7S+ Depth 165' or approx. acreage 12. Date(s) of enclosed photograph(s) December 1982 DPR ft o_o Le 1tC0.TC W`+ 13. Condition: Excellent —Goon Fair_ Deteriorated X No longe in existeno Attachment 3 14. Alterations: Unknown (mayhave been "half house") 15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_Densely built-up Residential X Industrial Commercial Other: 16. Threats to site: None known%Private development_ ,Zoning Vandalism Public Works project Other: 17. Is the structure: On its original site? Moved? Unknown? X I& Related features: SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.) If one looks carefully at the photograph of the house at 497 Islay and then compares it to the picture of the residence at 1907 Chorro, he/she will see an amazing resemblance. This structure (497 Islay) was built between 1886 and 1891. The similarity between the two farmhouse structures is so striking that it is conceivable that they were each. constructed from two separate "half houses" which originally had been one house. Not an uncommon practice in the 1880's and 1890's, splitting a house down the middle and moving one or both halves was often done in transporting a residence from a rural area to the city. It is only specglative, however, that these two houses came from a common origin. The original owner or residents of the house are not known. Mr. & Mrs. Edward Vollmer, early pioneers who operated a grocery store, lived here in. 1904. Charles Olgiati, owner/proprietor of a butcher shop in the 1900's, resided here with his wife and two children in 1906. The later tenancy in 1914 of Henry Ahlf, an engineer, and his wife, Lillie, suggests that the owners may not have resided here but rented it out. 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 1 Arts& Leisure Economic/Industrial—Exploration/Settlement Govemmerrt Military Religion .Social/Education 21. Sources (List books,documents,surveys,personal interviews and their 9ffNn. Fire Insurance Maps (1886, 1891) City Directory History of San Luis Obispo County by Myron Angel, 1883. 22 Date form prepared Jul 15 1981 By (name) Historic Res. Survey- Staff Organization-dity-Of San Luis. Obispo Address: P.O. Box 321 City San Luis -Obispo Zip - .93401 Phone: (805) 541-1000 CITY OF SAN LUIS OBIS' Attachment 3 Reference No. Photo No. Name Parcel No. Phone Evaluation Score Date------------- Time Reviewed by HISTORICAL RESEARCH WORKSHEET Approved by 1 . Address 497 Islay 2. Common Name 3. Historic Name. 4. Present Use Unknown . 5. Property Owner Mr. & Mrs. Ronals Gider & (Mrs. FiscalJi—no) A.G. 4,89-5512 6. Approximate Lot Size or Acreage 1001 x150' 7. Public 8. Structure Object Private V" 9. Year Built District Other Factual Estimated 10. Architect Unknown Source of Information 11 . Builder Unknown Source of Information 12. Area Annexation Date 13. Sewer Extension Date Source 14. Condition: Source (A) Altered Unaltered _ (B) Excellent Good Deteriorated � —"'------ Fair 15. Alterations Ruins Unexposed 16. Basic Historic Use Of Structure See enclosed 17. . Briefly state the architectural importance of structure or object 18. Briefly state associations with significant historical national) or events. Include dates. Cite sources of operson(s) alshis-tory., secondary research, ( ) (local, state or clipping files, etc. Use an additional page, if-necessary. - CH Es OLGIATI. The owner and prop of one of the modern =?' butcher ,.,-,,s in San Luis Obispo, and a stanch supporter and advocate of all progressive movements for the upbuilding of the county, Charles Olgiati A ' has won for himself a name and place in the business world by his own efforts. He was born in Milan, Italy, October 28, 1869, and was there edu-. *? cated in the public schools. At an early age he learned the trade of butcher, <+ after which he traveled and worked in various parts of Italy and Switzerland, ; acquiring new ideas that made him more proficient in his calling; and for a time he conducted a shop of his own at Pimonte, Italy. In 1900 he arrived in America and found employment at his trade in the Hotel Criterion at Forty-first street and Broadway, New York. Later he ac went to Chicago and was engaged as sausage-maker with Armour & Co.; and for a short time, also, he was employed by the Underwood Packing Co. He had heard of the opportunities offered young men in California, and in 1903 turned his steps towards the Coast country. The first six months were g passed in Martinez, Contra Costa county. Desiring to investigate various t localities preparatory to embarking in business for himself, he went to Keswick, Shasta county, and worked in the slaughter-house of the 'Mountain 'O Attachment 3 SAN LUIS OBISPO COUNTY AND ENVIRONS 991 Gjpper Co. : and the following year, 1904, he came to San Luis Obispo County and for two years was employed by C. T. Greenfield in the old Pacific Market. Haying spent several profitable years in this state, lie took a vacation and journeyed to his old home ill Milan, where he remained six months. Then he returned to San Luis Obispo and formed a partnership with C. H. Hansen; and for eight years they ran the Fultonliarket on Chorro street. The part- nership was then dissolved and, in 1914, \Ir. Olgiati opened his present mod- ern establishment on Monterey street, fitting it up with all modern con- veniences and new fixtures, until now he has the best-equipped shop in the county, and has built up an extensive trade in both city and environs. Besides this store lie owns two hundred fifty acres of land and a slaughter- house laughterhouse on Los Osos road, where he keeps and fattens from one hundred fifty to two hundred head of cattle, and from six hundred to 1,000 hogs. He also has a fine cold-storage plant, where his meat is kept in excellent condition; and in 1916 alone, more than 10,000 head of live stock were sold by him through his wholesale and retail trade. He has a secret feed that lie gives his stock, which are all stall-fed, and uses about seventy carloads of feed annually. Mr. Olgiati has kept abreast of the times; and when devices have been introduced for more sanitary methods of handling meat or stock, he has installed them in his own departments of business. He employs seven men and two automobiles, and has prospered financially. In 1906, Mr. Olgiati became a citizen of the United States. Some years ago he was united in marriage with Clara \Visberg, who was born, one of triplets, in San Luis Obispo County. Mr. and Mrs. Olgiati have two children, Frank J. and John L., to brighten their comfortable home, which they own and occupy at 497 Islay street_ where they are surrounded by the comforts made possible by his business success. Attachment 3 HISTORICAL RESEARCH MARCH, 1983 497 Islay Stcorner of Islay and Beach Sts. ) San Luis Obispo, Ca. Lot #3 ='Block #52 Present Owners as of 2-10-80 Mr. & Mrs. Ronald Grider (Grider Metal ) P.D. Box. 149 Arroyo Grande, Ca. 93420, & Mrs. Alice Fiscalini, address unknow phone 543-1018 Source: County Assessor's office. Quite clain deed from Mrs. Fiscalini to Grider for$135. 00 12-19-80. (see enclosed on Fiscalini Family) Source: County Recorders' Office. 1872 - quit clain deed from the board of trustes of san luis obispo to ANGEL CHAVES Feb. 5th 1872 for the sum of $10. 00 to his heirs and assigns forever all the right of Lot #3 Block-#52. Harris & Wards Survey and Maps of the Town of San. Luis Obispo. Signed W.W. Hays Pres'. Board Charles Dana Sect. Source:Title Insurance &Trust Co. & Recorded Book D Page 55 Book of Deeds. , County Recorders' Office 1874 CHAVES JOSE ANGEL DEEDED TO PEDRO .AGNELLINI on May 23, 1874, for the sum of $400. 00 in gold Lot #3 Block #52. Source: Recorded Book F page 82 Book of Deeds, County Recorders Office. 18.79 AGNELLINE PEDRO DEEDED TO MRS. MARIA ANDREA M. DE CHAVEZ on July 2, 1879 for the sum of $1. 00 in gold Lot 03 Block #52• SOURCE: Recorded Book L page 4;51 Book of Deeds County Recorders Office. 1891 Sanborn Map shows structure on Lot #3 Block #52• C Attachment 3 o•r+v) 8 3 M rj+� 0 0 o W 4 P � 42 0 ani Cd +� cr� -•rl O M 3 o ao� —i c- aucn•rt ' +�x in r-4 Ld H U ;4 H rl Qf 3 o) z 0 +-W 11 0 Z+) a cd m w 3 cd V � stn Cd .�49 ,�m� C t 0 [-1 -P 0 -Hp0 4) m a v o 4 a x 0-H $4 S ao fZO CO ODH n0 �+ a�womm � � m 7s D\ .0 E-* -P M rl 3 M e—I 0 4) ,0 Cd r-1 z E Vn 9: b (L) Ed r-i r-4 m r-1 -P •rl b O.0 P 0 Z F d N m - v2 P4 m -P•ice m .0•N cd WAC W H C O b •H CO i-D +°tO W U a oC- $4 m o > $ 4) (1) Wo H X 4J CO C14 SY'UDIS, 28�f _ _ 1907 -. 1980�• . , • rA 4 O > Jga.j� Ail i J I d o7SF3 .7MXO " aaO acv m 3 9v� A �7ti Attachment 4 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 I transfer tax on this matter. RESOLUTION NO. (2006 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 STEVE AND LAURIE BUTLER, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 497 ISLAY 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 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, Steve and Laurie Butler (hereinafter "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 003-622-017, located at 497 Islay Street, San Luis Obispo, California 93401, also described as the Vollmer Home, (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 ensure that I Attachment 4 Council Resolution No. (2006 Series) Page 2 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. seg. of the Revenue and Taxation Code. WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on January 23, 2006 to consider a request by the owners to enter into a Mills Act Contract with the City; and WHEREAS, at said hearing the Cultural Heritage Committee recommended that the Council approve a Mills Act Contract to promote preservation of the historic property; NOW, THEREFORE, BE 1T 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 1. 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 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 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: C�-ice Attachment 4 Council Resolution No. (2006 Series) Page 2 The foregoing Resolution was adopted this 2006. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED: Jo Lowell, City Attorney Jh/Uniillsac W oUmerHousecontract 1-23-06 A*tachment 5 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 497 ISLAY STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this_day of , 2006, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Steve and Laurie Butler(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: C'9�� L Attachment 5 Historic Property Agreement, 497 Islay 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 tile work 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, reproofing, 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 i s Attachment 5 Historic Property Agreement, 497 Islay 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 Govemment 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 A'tachirtent 5 Historic Property Agreement, 497 Islay 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 located at 497 Islay 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: Steve and Laurie Butler 497 Islay 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 Historic Property Agreement, 497 Islay 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. ���l9 A:tachihent 5 Historic Property Agreement, 497 Islay 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 APPROVED AS TO FORM: FOiRM: OWNERS�� n �---�CSNATI-IAN P. LOWELL City Attorney Steve Butler Date :.o Laurie Butler Date STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO�) On thisday of. Algr,2006, before me, the undersigned, a Notary Public in and for said State, p?!� sonally 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. r I I Attachment 5 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 497 ISLAY 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 497 Islay 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 , 2016, 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: A. Repaint exterior walls and trim for house, garage and apartment. B. Replace, repair or repaint fencing and archways as needed. OWNERS Steve Butler Date Laurie Butler Date JH/Umillsact/VollmerHousecontract 1-23.06 A'.'tachinent 5 CALIFORNIA ALL-PORP( ACKNOWLEDGMENT h �S State of County of �1/O On JZ2Akanr /a, 200(a before me, kanlee, IV07W Ihl Date Name and Title of Officer(e.g.."Jane boe,Notary Pubf ) cl personally appeared ST-eile rS Name(s)of Signers) r1 Xpersonally known to me– to be the person(s) whose name(s) )Oare subscribed to the within instrument ?� and acknowledged to me that XWW/they executed the same in k*"their authorized capacity(ies), and that by tKigiVJtheir signature(s)on the instrument the person(s) 'FI94?3 .7 or the entity upon behalf of which the person(s) acted, (� z C;,.,.• `�.;; laoi�ry ,-�,�,,;�_ c-e.,5�,nia executed the instrument. WITNESS my hand and official seal. 4 Signature of Notary Public ;�SI OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact 7 Trustee ❑ Trustee I ; ❑ Guardian or Conservator . ❑ Guardian or Conservator . ': dryry'' ❑ Other: Top of thumb here ❑ Other: Top of thumb here 21 Signer Is Representing: Signer Is Representing: 9: 0 1995 National Notary Association•11236 Rommet Ave.,P.O.Boz 7184•Canoga Park,CA 91309-7184 Prod.No,5907 Reordor.Call Toll-Free 1.800-876-6827 Attachment 6 Meeting Update T San Luis Obispo Cultural Heritage Committee January 23, 2006 Monday 5:30 p.m. ROLL CALL: Chairperson Chuck Crotser, Sandy Baer, Dan Carpenter, Barbara Breska, Robert Pavlik, Lynne Landwehr, and Tom Wheeler Chairperson Crotser and Committee members Barbara Breska and Sandy Baer were absent STAFF: Phil Dunsmore, Associate Planner PUBLIC COMMENT: There was no public comment. PUBLIC HEARING ITEMS: 1. 800 Palm Street. ARC 187-05; Conceptual review of a new retail and office building in conjunction with Ah Louis store property; C-D-H zone; Dr. William Watson, applicant. (Phil Dunsmore) Staff introduced the item and asked the CHC to comment on the project rather than adopt an action altemative. Following a detailed presentation by the applicants that explained the history of the site and the philosophy of the project, the CHC continued the item to a date uncertain, and offered the following comments on the proposed building design: a. The proposed architectural detailing is too stylized and does not reflect or represent a San Luis Obispo style of architecture. If the design is to reflect a Chinese theme, the theme should be toned down and relate to the context of the San Luis Obispo Chinatown era. b. A report that is prepared by an architectural historian that specializes in Spanish colonial and Chinese culture should be prepared prior to returning to the CHC. c. The Ah Louis Store should be further separated (in terms of both design and physically) from the proposed new building. The Ah Louis store should stand out from the development rather than become lost or overshadowed by the new development. The portion of building attached to the Ah Louis store should be clearly differentiated in materials. 2. 497 Islay Street. CHC 229-05; Request for a Mills Act Contract for the Historic Vollmer House; R-2 zone; Steve & Laurie Butler, applicants. (Jeff Hook) On a motion by Wheeler, seconded by Carpenter and on a 4-0 vote, the CHC adopted action alternative 1 which recommends the City Council approve a Mills Act contract for the historic Vollmer House.