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11/14/2006, C7 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC AH LOUIS STORE (O 115-06).
council MdlzD� acenaa Report 1�Numbw CITY OF SAN LUIS OBISPO '/�y,,,, FROM: John Mandeville, Director of CommuWe elopment'." � vt 1 Prepared By: Jeff Hook, Senior PI SUBJECT: APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC AH LOUIS STORE (O 115-06). CAO RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills Act contract for the historic Ah Louis Store located at 800 Palm Street. DISCUSSION Advisory Body Recommendation At its September 25, 2006 public hearing, the CHC voted 5-0 (Commrs. Breska and Landwehr absent) to recommend the City Council approve a Mills Act contract for the historic Ah Louis _ Store, as described in the draft Mills Act contract (Attachment 3). �- Background The historic Ah Louis Store was recently purchased, by Dr. William Watson, a relative of Ah Louis and his son, Howard Louis, the previous owner. The building a I - recently underwent seismic _ _ strengthening and the owner plans to - --7 restore the building's exterior walls, architectural details and the upper floor. Ah Louis Store, Palm Street Elevation Originally, the second floor was home to the Ah Louis family but for many years, it has been used for storage and is in poor condition. The owner has discussed plans with staff to rehabilitate the second story for possible use as a museum honoring Ah Louis and San Luis Obispo's Chinatown. The rehabilitation process has already begun with the seismic retrofitting and limited exterior improvements; yet much remains to do, inside and out. Additional work planned includes: termite abatement; restoring iron window shutters; door, and iron railing; restoring the Ah Louis sign; repairing and repainting the storefront; restoring original windows; repairing brick walls; completing sprinkler system and other interior improvements. Participation in the Mills Act program could help the owner complete these costly repairs and maintain the historic building in excellent condition. City Council Staff Report, Mills Act Contract for 800 Palm Street Page 2 Property Description View from Palm Street Parking Structure Address:, 800 Palm Street Historic ame : Ah Louis Store Owner: Dr. William Watson Current Use: ketail Commercial • ' ;. �' s Zoning: C-D-H (Downtown Commercial — Chinatown Historic d � 4 8 District) Status: The property recently underwent seismic rehabilitation, and restoration of the building's exterior and upstairs rooms is proposed. 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. 27 properties are already benefiting from the program and realizing property tax reductions of up to 50 percent(Attachment 6). Mills Act Contracts Historic Preservation is an important goal of the City's General Plan, as described in Conservation and Open Space Element policies 3.21.1, 3.21.4, 3.30.2 and Land Use Element policy 4.12. By providing a financial incentive, the Mills Act Program is one of the most effective preservation tools available to achieve these goals and encourage the preservation of historic buildings. 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. Property Value. 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. Preservation. 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 City Council Staff Report,Mills Act Contract for 800 Palm Street Page 3 which lists the maintenance and improvement measures for which tax savings will be used. 3. Binding Effect. 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. Minimum Term. 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. 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. Historical Background Built in 1884, the Ah Louis Store is one of the most important historic buildings in the City of San Luis Obispo, arguably in the fl E;L entire County. It was the home and business of Ah Louis, an important Chinese-American entrepreneur, labor contractor, r - brick maker, and unofficial "mayor" of Chinatown in the late 1800s and early 1900s. His life and times have been extensively chronicled, and his role in the development of railroad and early San Luis Obispo commerce has been documented by Krieger, Nicholson and others. The building is a State historic landmark Upstairs Bedroom,facing Palm and is the last remnant of the original Chinatown. Additional historic information is attached (Attachment 4). The applicant has submitted a letter describing planned building repairs to be undertaken with Mills Act Program assistance (Attachment 2). These repairs would help ensure the building's long term preservation and are consistent with the program's guidelines. In addition to rehabilitating the historic building, the applicant proposes developing the remainder of the site with a four-story, commercial building. At its September 25, 2006 meeting, the CHC discussed the possibility of future development in the context of the Mills Act program request and whether the applicant's planned project was consistent with the Secretary of the Interior's Standards. After discussion, the Committee decided that participation in the Mills Act Program would help preserve the Ah Louis store, whether or not the planned redevelopment happened, and noted that the Mills Act Contract establishes a baseline for building and site conditions and improvements. If significant site changes (i.e. mixed-use redevelopment) are eventually approved, they must be addressed either in the contract, or the contract must be amended later. The Committee supported the latter approach. City Council Staff Report,Mills Act Contract for 800 Palm Street Page 4 Possible Mixed-Use Development Before considering the Mills Act request, the CHC had reviewed the applicant's proposal to add a new building with commercial and residential uses, and to develop a cultural museum on the second floor of the Ah Louis Store. The project consists of a four-story building with 5,850 square feet of retail space at the first floor, office spaces on the second through fourth floors, with a combined floor area of approximately 13,750 square feet, and one residential unit on the fourth floor with a floor area of 1,450 square feet. The building is proposed to be approximately 50 feet tall (formerly presented as 55 feet tall) and would abut the west side of the City parking garage which is approximately 35 feet in height. Following a staff presentation regarding the design revisions that had been made since the Committee's first review, the CHC voted 3-2 to recommend Architectural Review Commission approval, finding that the new building design is consistent with the Chinatown historic district and the Historic Preservation Program Guidelines. The Architectural Review Commission (ARC) is scheduled to review the proposed building on November 6, 2006. An update explaining the ARC's action will be provided prior to the Council meeting. FISCAL IMPACT Approval of the agreement will not have a significant fiscal impact. It will result in a minor decrease in property tax collected by the County and passed through to the City. For example, in the 2000-2001 tax year staff determined that the 18 properties then under Mills Act contracts would reduce that year's city property tax revenue from the previous year by $4700, or about $260 per property. ATTACHMENTS 1. Vicinity Map 2. Property Owners' Letter 3. Draft Council Resolution and draft Mills Act Contract 4. CHC Historic Inventory 5. Recent Photographs of 800 Palm Street 6. List of Historic Properties under Mills Act Contracts 7. Cultural Heritage Committee Minutes, September 25, 2006 g/cd p1Wjh/mi11sact/ah1ouisccreporti 1-6-06A 80.0 PALM 002-415-008 C 0 115-06 Application for Mills Act Program Attachment 1 'Z' Solid=Owner and Occupant Diagonal Lines=Occupant Only Cross Hatch =Owner Only CITY OF SAN LUIS OBISPO GEODATA SERVICES 955 MORRO STREET SAN LUIS OBISPO,CA 93401 (805)781-7167 7/27/2006 09:23 ll ( CENTt�riL COAST EAR, NOSE AND(;l iiROAT A Medical Corporation ttachm6ny` G WILLIAM J. WATSON, MD, FACS August 29, 2006 Mr. Jeff Hook Planning Department 'City.of San Luis Obispo RE: Ah Louis Building Application for Mills Act Program Dear Jeff: Thank you for your consideration of the Ah Louis Building, 800 Palm Street, San Luis Obispo, for the Mills Act Program. I would like to request that the building and land at this address be considered as it presently exists. Application for the future development of the site has begun but when and if it would commence has not been decided upon at this time, even if it is.approved as proposed. I plan on restoring the Ah Louis structure in order to preserve its historical appearance and character with the.fol lowing: 1) Tenting and termite abatement 2)Restoring the metal components of the exterior including the iron window shutters and iron railing 3)Patching cracks and damaged stucco from'previous earthquakes and repainting the store front 4)Removing existing nonperiod and nonfunctioning plumbing from the exterior 5)Patching and/or replacing extraneous,holes in the brick with mortar or original brick .6)Removing later carport attached to the back of building. 7) Insulating the attic 8)Hooking up existing buildirig-fire sprinkler system to street water source 9)Repainting original sign 10) Restoring window frames to a functional state and repainting Please let me know if you need more information;I can be reached at: 545-5665. Thank ' you once again for consideration into the Mills Act.Program. Yours truly, William J. Watson 1035 Peach Street, Suite 301, San Luis Obispo, CA 93401 Telephone(805)54575665 C �/ Attachment 3 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. (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 DR. WILLIAM WATSON, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 800 PALM 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 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 002-415-008, located at 800 Palm Street, San Luis Obispo, California 93401, also described as the Ah Louis Store, (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 the building is listed as a state historic landmark; 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 Attachment 3 Council Resolution No. (2006 Series) Page 2 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. sea. 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 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner, 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: The foregoing Resolution was adopted this , 2006. Mayor David F. Romero ATTEST: Audrey Hooper,City Clerk c �� Attachment 3 Council Resolution No. (2006 Series) ' Page 3 APPROVED: JonO well, City Attorney JWUResoluuons and ordinances/M UsnctResolution_Ahi4ou;sSt= c �- q / � 1 Attachment 3 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 800 PALM 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.Dr. William Watson(hereinafter referred to as"Owner"), 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 tern 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: A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the C �7�� Attachment 3 Historic Property Agreement, 800 Palm Street Page 2 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 finish details, doors and windows, skylights, original built-in furnishings, pillars and arches, special flooring, lighting 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 and exterior of the historic property by representatives of the County Asses- Attachment 3 Historic Property Agreement, 800 Palm Street Page 3 sor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owner's 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 Attachment 3 Historic Property Agreement, 800 Palm 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 800 Palm 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 919 Palm Street San Luis Obispo, CA 93401 To Owners: Dr. William Watson 1035 Peach Street, Suite 301 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 Attachment 3 Historic Property Agreement, 800 Palm 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. Attachment 3 Historic Property Agreement, 800 Palm 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 OWNER Dr. William Watson Date STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On this day of _ 2006, 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. APPROVED AS TO FOW-4: P. LOWELL City Attorney Attachment 3 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 800 PALM 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 800 Palm 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 November 1, 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. Tenting and termite abatement. B. Restoring the metal components of the building's exterior, including the iron window shutters and door, and balcony railings, to the approval of the Community Development Director. C. Patching cracks and damaged cement plaster and repainting the storefront,including architectural details,to the approval of the Community Development Director. D. Removing non-period and non-functioning plumbing from the exterior, unless such features are determined by the City to be part of the building's historic character. Brick wall shall be repaired to match existing original brick surfaces, to the approval of the Community Development Director. .E. Patching and/or replacing extraneous holes in the exterior brick walls with mortar or original brick, to the approval of the Community Development Director. F. Removing the non-original,non-contributing carport attached to the rear of the building. G. Restoring and/or rehabilitating the second floor to retain the design, layout and architectural character of the original residence, including adding attic insulation, to the approval of the Community Development Director. H. Connecting the existing fire sprinkler system to the City water main. I. Restoring the original "Ah Louis" sign. Attachment 3 J. Restoring windows, including trim, operating parts and sills to a functional and attractive, consistent with their original design and materials,to the approval of the Community Development Director. OWNER Date g/cd-plant h/milisact/ahlouisstoremil lsactcon9-25-06 State of California—The Resources Agency Per. No. 0147-03C DEPARTMENT OF PARKS AND` TEpT'ON HABS HAER II N' 3 SHL Loc_ (\ UTN1: A10/71255 b6__v B HISTORIC RESOURCES INVENTORY C D 4 IDENTIFICATION AttaChm nt 4 1. Common name: Ah Louis Store 2. Historic name: Ah Louis Store 3. Street or rural address: 800 Palm Street City San Luis Obispo Zip 93401 County San Luis Obispo 4. Parcel number: 02-415-08 5. Present Owner: Louis, W.Y. , et al. , c/o H. Louis Address: 800 Palm Street City San Luis Obispo Zip 93401 Ownership is: Public Private X 6. Present Use: Commercial Original use: Commercial & Residential DESCRIPTION 7a. Architectural style: Italianate 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This two story brick commercial building is rectangular in plan. It has a projecting iron balcony that faces the street, four deeply set windows, and iron shutters on the two first floor windows. It has deeply recessed entrance stairs, located in the center of the structure. Four finials trim the top of the roof. The integrity of the structure is intact, with only minor alterations to the facade. - t 8. Construction date: 1884 Estimated Factual 9. Architect Unknown , 4. it •. - • h- �_� 10. Builder Ah Louis I I 11. Approx. property size (in feet) r - Frontagel00' Depth 130' or approx. acreage I 12. Date(s) of enclosed photograph(s) October 1982 II - Dr �� 13. Conditions Excellent _Go )L.-'air— Deteriorated No lol._ in existence --Attachment 4 14. Alterations: Modernized window storefront I& Surroundings: (Check more than one if necessary) Open land _Scattered buildings_Densely built-up Residential X Industrial _Commercial X Other: Parkins lot 16. Threats to site: None known X Private development_ Zoning Vandalism 4 Public Works project Other: 17. Is the structure: On its original site? Yes . Moved? Unknown? ( I& Related features: I SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.) The Ah Louis store was built and owned by Ah Louis, the central figure and pioneer entrepeneur throughout the history of San Luis Obispo's Chinatown. A labor contractor, farmer, rancher and brick manufacturer, Ah Louis contracted from China many of the workers who helped build the Pacific Coast Railroad. He was born in China in 1838 and came to California in 1856. Ah Louis eventually became the unofficial mayor, postmaster, employer, banker, storekeeper and advisor for. the residents of Chinatown until his death in 1936. Replacing an- earlier wood frame building erected on the same site in. 1874, the present store was built in 1884 with bricks from his own factory. Supposedly steel shutters and zinc for the roof were imported from.England and:used for protection. It is said that Louis personally checked every phase of construction. The Ah Louis General Merchandise Store was patronized by some several hundred Chinese employees who had migrated to this area, not only to purchase supplies and goods but to use as a bank. In 1931, as modern storefront facades became fashionable on commercial buildings, two plate glass windows were installed in front of the building for $250.00. Today, the Ah Louis Store, now a State Historical Landmark Number 802, offers imports and gift items to local residents _and tourists alike.. Locational sketch map(draw and label site and surrounding streets,roads,and prominent.landmarks): I20. Main theme of the historic resource: (if more than one is NORTH checked,number in order of importance.) Architecture 2 Arts& Leisure Economic/Industrial 3 Exploration/Settlement ( Government Military Religion Social/Education 21. Sources(List books,documents,surveys,personal interviews and their dates). i "U.S. I3istory Written Around Ah Louis l Family", by Doris Olsen in Chinatown News, March 3, 1977, Vancouver, B.C. Canada 22. date form prepared 23 June 1983 By Historic Res.Survey Staff Organization City of San Luis Obispo Address: P.O.Box 321 City _San Luis Obispo Zip 93401 Phoned 80 541-1000 f iiiiiiii IF IIII III Ljjs STORE A x :.nom � �•� ,� . , .': 1 i yly � 1 • i ' Attachment 4 History and Description: Ah Louis is not an exclamation, but a name. It be- longs to an illustrious Chinese who, a century ago participated actively and importantly in America's western migration. Ah Louis contracted the Chinese co614e nla wjjEdW`through a decade of bitter winters and summers, dug the tunnels and laid the tracks for the historic thrust of the railroads heading east to meet rail crews building west from Chicago. After -the great enterprise was achieved and the nation had its first transcontinental route, Ah Louis settled down in San Luis Obispo and began an import business in his own store which he built with his own two hands from bricks he made himself, with brick from his own brick yard. He also made the bricks for the Pacific Round House and the Sin- sheimer Building. To go back to the beginning, Ah Louis at the age of 21 was known as Wong On. He left a village': in China to search for gold- on the west -coast of America. In 1860 he arrived in California. He got the name Ah Louis from John Harford, In San Luis Obispo he started out as a cook at the French Hotel. Ah Louis showed a real liking to the community of San Luis Obispo and also showed an interest in American customs. At 'Christmas time he advertised holiday goods. He also showed recognition of the Fourth of July by decorating his store. It was in 1885, that Ah Louis drew up a contract with Mr: Alfred Walker to build a new brick. store on the corner of Palm and Chorro Streets. Ah Louis re- ceived the editorial remark: "The building is an ornament to that part of the city, as it would be to any 'part and shows the proprietor to be an enter- prising, competent businessman. " The Ah 'Louis Store, State Historical Landmark No 802, Is the first Chinese store in the county. It funct- tioned as a bank, counting house, post office and a general merchandise store where herbs were sold. The Ah Louis Store, City Hall, and a few other build- ings were the only structures in town not made of wood at that time. Now a- California State Historical Landmark, the store continues to provide imports and other gift items to the tourists and residents of San Luis Obispo and is still run by the Louis family. Howard Louis now is the operator of the store. All eight children of Ah AH LOUIS STORE 800 Palm Street, San Luis Obispo 1; �.._ \ � • j� � � Mrd * \ � - '-� �R i �� — 1 Fr� .- trite •. n, y� � r �i K fir• �V�•� - ' � � "�l� �f +r!/. _ "`• .,,. - — � I;! f I r _ l p < 1 l� 41A5q� i�{�q� f� '� ter• � ..-� � � � w \ � ,��►��� 5.: `— �,, r 11 ��_�♦��♦moi. f• :_�_-Nidi - .. �.,� r" •dI c r — t i `• 14 0 u 1� L all �• do �:�Iti,ni c�,� -.r,•� l _ �7 v �• B �� cq '�� o ° i ° 1 � •� �°., o o C.r..,�•..F ��t. oc ° 555 � �, ° c 4 e lb ` � A � e A° G� ° c 80 0-1 � � n ,F��j����1'•� 3a I � I r' COW ° a J 11 _ 1 © 'J � 1 .t.a I L' � ' � T •\ ' � � r jo At J, rO l 8e 00. 00 0 tit ov 040 ep"VV N4 00 °��� �C �� Q �/ ,/// J�• .y r �, ,�+ / ,,(fir. Odft >` Id f 01) JIN - e �"p '� / ¢, ,. / � �7/mac ,i ..�•, i 1"' � fr 0 0 f➢ry. 6 r ,� Ap 0 e o'o r �' BOo Ji 7, 7 rISAIN1 8 Q «4 m' o, s. --�_ o F f 1 � i �' o C -� or Clea. p ob . . .. 1 Z.,,,,Z". 2 mn' A' o0 u o . 1 , ♦ rl a A I S .. ' � 1 i �•tk,, , ZA 'p, ' I i..'. .c �e"}✓�.� IS�G'1 oma,>�`p+� / o..J Q00 o ILI , O d o a , 1 I� u. � f >r �.� 1 .�'� �rt}}C✓ � '� o �� - ATTACHMENT n I ; i � 1 e o � 1 4 fJJ`) .I I� r 11�� t g � Q • / o — �/ 1 ' r_' . � �: — 4 � ' Yr _q i #y i Q t �4 i; � .� �' f _ , ° � � � C, � U � C i �' `' ` f` �, -, ----s--c-w�----•.e:�.:.e- _Jam. _ �,y -'--'. -�^wrr^n""-. ,,:„� —. ._ ._.._ -- - .- �' _ -.. .- - -- _ _8' �.� a a. � I � � i �, ��• •-------T---- _ - / ' � �' ~ 7 r � n � ��� � ° � � ��� l t t� � / o a �� o � � \Y� / .� � �/ r ry .. t • 1 t r n ( M � t r M i t t � � J <, _ _ �_ — - ,' `b` �_ � [-��, --..- .. %'� � .� f .��� s �a'_ �. � ,.�1 , , , � g , z� o ���� — � � �� 8 �� � � � `�� 1 o/� L � Bo � �_ �.� c`. � S �, .� s- `V� _._ � � f .r, � J �, ' n ,I �� I � �� ,� �. � y, ,. ,_ S � i � �� i 1. � �- r y "^�'��1 � �. _. l '��_. -.. ;�� � �� J • f _ a i 1 Ak U i r f .lu � i i F} op Attachment 6 city of san Luis oBispo List of Historic Properties Under Mills Act Contracts Updated September 7,2006 Note: Property Ownership may not be current Property Owner Address Historic Name 1. Randy and Shayne LaVack 670 Islay Fitzpatrick House 2. Robert and Zoe Schrage 1167 Marsh. Graves House 3. G.Johnson and V. Wood 547 Marsh Kaetzel House 4. Malcolm and Peggy Carlaw 461 Islay Erickson House 5. Catherine Tait 591 Islay Sandercock Home 6. Lorilee M. Silvaggio 752 Buchon Stanton House 7. Astrid Gallagher 1763 Santa Barbara Tribune-Republic Bldg. 8. Astrid Gallager 1717 Santa Barbara William M. Duff House 9. Henry Duran 1105 George Edward F. Bushnell House 10. Mark Waters 896 Buchon Cosset House 11. Mary McIntire 745 Buchon Bradbury Home 12. Adrienne Riley 1426 Broad Giffin or Dutton House 13. Bill and Michelle Walters 1504 Broad Vetterline House 14. Robert Carpenter 1511 Morro. Martha Dunlap House 15. John and Melissa Louch 1435 Broad George Miller House 16. Keith and Kathy Godfrey 963 Broad. Manderscheid House 17. Gary Toll 1117-1119 Marsh Esquar House 18. Sani Java 1212 Garden McCaffrey House n Attachment 6 Mills Act Properties, 9/13/06 Page 2 Property Owner Address Historic Name 19. David Hannings 642 Monterey Hays/Latimer Adobe 20. Steven and Ilene Sicanoff 1720 Johnson The Judge's House 21. Gordon and Deanne Oliver 1428 Nipomo Rogers/Sandercock House 22. Richard and Adian Lenz 559 Pismo Biddle House 23. Vince Fonte, Rob Rossi, 1314 Palm Righetti House Brendan McAdams 24. Russell and Rea Berg 1306 Mill Lind House 25. Brendan and Katherine 1323 Mill Laird House McAdams 26. Steve and Laurie Butler 497 Islay Vollmer House 27. Barry-and Jeanne LaBarbera 1500 Eto Solomon Foreman House G:\CD-PL1kN\intern projects\Cari\For Jeff\1-ist of\!ills Act properties owners updated 9-6.doc �• Attachment 7 Draft MINUTES SAN LUIS OBISPO CULTURAL HERITAGE COMMITTEE Regular Meeting of Monday,September 25,2006 The meeting convened at 5:30 p.m. in the Council Hearing Room, San Luis Obispo City Hall, 990 Palm Street. ROLL CALL: Present: Chairperson Chuck Crotser, Dan Carpenter, Sandy Baer, Robert Pavlik and Tom Wheeler. Absent: Vice-Chairperson Barbara Breska and Lynne Landwehr Staff: Michael Codron, Associate Planner and Jeff Hook, Senior Planner. MINUTES: On a motion by Committee member Carpenter, seconded by Committee member Wheeler, the Committee approved the minutes with changes on a 4-0 vote. PUBLIC HEARING ITEMS: 1. 1266 Mill Street and 777 Jo n Ave. ARC MI 116-06; Review of a proposed demolition of metal garage a construction of unenclosed parking; R-2-H zone; Mike Shipsey, applicant. Committee members discuss d the metal garage structure and the fact that it represents a change from the "horse and buggy a" to the automobile era in SLO's history. Although the majority of the committee agreed that the structure did not contribute to the historic character of the neighborhood, Committee in bers Wheeler and Pavlik disagreed and felt that the structure did contribute to the historic characte . everal members of the public spoke in favor of allowing the structure to be demolished. Dan Krieg , ormer CHC member spoke as a private citizen in support of the request. On a motion by Carpenter, seconded by Chuck Crotser, the Committee voted 3-2 to find that the structure is no a contributing historic structure and to allow the demolition to proceed, subject to photo documen ation being provided and public advertising requirements met, pursuant to the City's demolition ode, before demolition could proceed. 2. 800 Palm Street. ARC 187-05; Review o multi-story retail and office building on the site of, and attach to, the historic Ah Louis ore; C-D-H zone; Dr. William Watson, applicant. Following a staff presentation regardi the changes to the design since the last review, the CHC discussed the project and how it rel es to the Chinatown historic district and the Ah Louis Store. Committee members expressed c ncern regarding potential archeology and impacts to the Ah Louis Store. Also discussed wer concerns regarding scale and mass and logical transition between the Ah Louis Store and the n building. Public testimony spoke in support of the new project.Several Committee members exp r ed support for the changes in design that were in response to the direction given in January by he CHC and the ARC. On a motion by Pavlik, CHC Meeting ,MinutesSeptember 25, 2006 Attachment 7 P Page 2 seconded by Carpenter, the committee (ted 3-2 to adopt action alternative 1, finding that the new building design is consistent with the own historic district and forwarding the project to the ARC for action. 3. 800 Palm Street. 0115-06; Request for Mills Act Contract for the historic Ah Louis Store; C-D-H zone; Dr. William Watson, applicant. Jeff Hook presented the staff report and Dr. William Watson explained that he was interested in participating in the Mills Act Program to help defray costs of rehabilitating and maintaining the Ah Louis Store to ensure it continues to be a community historic resource. Committee members felt the Ah Louis Store was a good candidate for the Mills Act Program and had no concerns with the request. On a motion by Committee member Wheeler, seconded by Committee member Baer, the Committee voted 5-0 to recommend the City Council approve a Mills Act contract for the historic Ah Louis Store, as described in the draft contract attached to the staff report in the Committee's September 25, 2006 agenda packet. 4. Citywide. Historic Survey: Revie istoric documentation for properties in the Monterey Heights area, located at 285, 4 , 455 and 495 Buena Vista; 2102, 2122, 2140 2160 and 2190 Loomis; 398 San Mi gu ; 326 Santa Maria; and 2243 Santa Ynez. Jamie Tuckey, Panning Intern, resented the staff report and a PowerPoint presentation showing 12 properties in the Monterey eights neighborhood. She noted that these properties were identified as having potential histo i and/or architectural significance and asked Committee members to identify those properties men ' further study and possible historic designation. After reviewing photos and descriptions of th properties, and on a motion by Committee member Pavlik, seconded by Committee membe aer, the Committee voted 5-0 to direct staff to schedule the following properties for possib istoric nomination at a public hearing: 285, 405 and 495 Buena Vista; 2102, 2122, 214 , 2160 and 2190 Loomis; 326 Santa Maria; 398 San Miguel; and 2243 Santa Ynez. The following property was not designated further study due to extensive exterior changes to its original architectural design: 455 Buena Vista. DISCUSSION ITEMS: 5. Citywide. GPA/ER 50-06; Discussion of possible General Plan amendments to revise policies and programs relating to Downtown building height and intensity limits; City of San Luis Obispo, applicant. The CHC held a second public hearing for the Downtown Building Height and Intensity Limits discussion. Five CHC members were present during the staff review of the issues and public comment portion of the meeting, but one member (Baer) had to leave prior to the Committee finalizing their recommendations. 7-3 �