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HomeMy WebLinkAbout04/03/2007, BUS 4 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC OLD SAN LUIS OBISPO HIGH SCHOOL ECONOMICS BUILDING O • council M..ki�Do. j AcenoA nepoat CITY O F SAN LUIS O B 1 S P 0 FROM: John Mandeville, Director of Community Developm� Prepared By: Brian Leveille, Assistant Planner SUBJECT: APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC OLD SAN LUIS OBISPO HIGH SCHOOL ECONOMICS BUILDING (CHC 190-06). CAO RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills Act contract for the historic Old San Luis Obispo High School Economics Building located at 2030 Johnson Avenue (CHC 190-06). DISCUSSION Advisory Body Recommendation At its February 26, 2007 public hearing, the CHC voted 5-0 (Committee member Wheeler absent, Committee member and applicant Dan Carpenter recused) to recommend the City Council approve a Mills Act contract for the historic Old San Luis Obispo High School Economics Building, as described in the draft Mills Act contract. i Background The historic Old San Luis Obispo High School Economics Building was purchased by the applicants in the year 2000. On December 7, 2004, the City Council added this property to the Master List of Historic Resources due to its association with the original San Luis Obispo High School and the degree to which the building has • r't ' ' ' .� -�y°( retained its architectural character. istoric Old San Luis Obispo High Economics Building The applicant is now requesting to be included in the Mills Act Program for tax savings required to continue restoration and maintenance of the building(Attachment 2, property owner's letter). y7 o • City Council Staff Report,Mills Act Contract for 2030 Johnson Avenue Page 2 Property Description Address: 2030 Johnson Avenue Historic Name: Old San Luis Obispo _ High School Economics Building Owner: Dan and Sandy Carpenter Current Use: Residential s i I r y Zoning: R-2 (Medium-Density Residential) ° .� Status: Added to the Master List of ® Historic Resources in December, 2004. VIC iew of south elevation from Johnson Avenue 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. Twenty seven properties are already benefiting from the program and realizing property tax reductions of up to 50 percent (see List of Mills Act properties, 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. 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. �-Z O O City Council Staff Report,Mills Act Contract for 2030 Johnson Avenue Page 3 2. The property owner must promise to preserve the building and to use the tax savings to maintain and/or improve the historic building to enhance its historical value, exterior appearance, structural condition, or longevity. Each contract includes an exhibit which lists the maintenance and improvement measures for which tax savings will be used. 3. The contract is recorded, and is binding on subsequent owners, heirs, or assigns until the agreement is canceled. There is a significant financial penalty for breach of the historic contract. 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 maybe. 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. Discussion Original light frzture and molding When the applicants applied for listing to the Master List of Historic Properties, documentation was provided showing the house was once a home economics classroom o a'' at San Luis Obispo High School, located at the intersection of Marsh Street and Johnson Avenue, and that the classroom is the only -- structure that remains from the old High t � �= School complex. Documentation suggests the rk� �.�°a� classroom was moved to Palm Street in the early 1940's and remodeled into a house, and and then moved to its current location in 1985. 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. 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 0 City Council Staff Report,Mills Act Contract for 2030 Johnson Avenue Page 4 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 $4,700, or about $260 per property. ATTACHMENTS 1. Vicinity Map 2. Property Owners' Letter 3. CHC Historic Inventory 4. Recent Photographs of 2030 Johnson Avenue 5. List of Historic Properties under Mills Act Contracts 6. Cultural Heritage Committee Minutes,February 26, 2007 7. Draft Council Resolution and draft Mills Act Contract g/cd phm/bleveille/mills=12030 Johnson Avenue/CHC 190-06(2030 Johnson Ave)CC Report a`i► 0 t Attachment 2 December 5rd, 2006 Dan and Sandy Carpenter 2030 Johnson Ave. San Luis Obispo, CA 93401 To: Jeff Hook City of San Luis Obispo Cultural Heritage Committee Re: Mills Act Program Dear Jeff, As you know, we live in the Old San Luis Obispo High School Home Education Building, now located at 2030 Johnson Avenue. This house was once located and used as a school room when the High School was located at the comer of Marsh and Johnson Streets back in the early 1900's. In November of 2001, we brought this Historic resourse to the attention of the CHC and was put on the Contributing List of Historic Resources. Upon further verbal and visual documentation, we brought it to the CHC for nomination and finally final approval by the Council to be included in the-Master List of Historic Rosources in December of 2004. We now are asking that the committee and council include us in the Mills Act Program. We purchased this house in the year 2000, and have spent the last almost 7 years repairing and restoring this treasure back to it's original condition when it was built C1915. We have spent many of thousands of dollars in trying to accomplish and are getting very close to our goal. Our reason for wanting to be included in this program is so that we may have the tax savings which would allow us to continue to do some of the restoring that remains to be done. We have enjoyed this ongoing project and look forward to many more years of bringing to light the history of this resource. In 2004, we were able to include in your file on our house a complete documentation of the history of our home. You should still have that. This last week, we were able to complete our quest for accurate verification of the use of our house. We sat down for hours and recorded our conversation with Howard Louis( Class of 1927) regarding the use of this school house. As you know, he is very articulate in his memory of years past. He not only recalled the use, but who his teacher was, who owned the house, and much more information that we now have on tape. We anticipate doing the following projects during the duration of the contract: Maintain and repaint exterior trim and siding finishes. Replace and maintain landscaping and irrigation. Replace and extend eves on house to match documentation of orginal house. Repair termite damage on existing decks and in attic. Repair and/or replace existing brick and concrete driveway and front wall. Maintain and repair all three existing exterior doors. y�� Attachment 2 Repair and add molding to interior of house in all rooms. Upgrade electrical to original light fixtures inside and outside of home. Add security features to protect home. Repair and maintain all solid oak interior floors. Replace fencing on west and south side of house. Repair roof and flashing around fireplace exit on roof. Repair stairs to front and side entrance. Replace or repair various windows as needed. Rapair and replace rain gutters as needed. Thank you for your consideration. Dan and Sandy Carpenter 543-5211 Attachment 2 S � 1 � o �- o Attachment 3 C4 Of San US OBISPO MASTER LIST OF HISTORIC RESOURCES, Updated March 2006 Address Historic Name Zone District Serial No. 1451 ANDREWSANDREWS ADOBE R-I-S 0001-03R 59 BENTON WAY J.J.DUNNE HOUSE R-1 0165-05R 148 BROAD BRAZIL HOUSE R-1 0002-04R 963 BROAD MANDERSCHEID HOUSE R-3-H Downtown 0003-04R 1345 BROAD ANDERSON HOUSE O-H Old Town 0004-04R 1411 BROAD MAIER HOUSE R-2-H Old Town 0005-04R 1426 BROAD DUTTON HOUSE R-2-H Old Town 0006-04R 1435 BROAD MILLER HOUSE R-2-H Old Town 0007-04R 1445 BROAD FALKENSTEIN HOUSE R-2-H Old Town 0008-04R 1504 BROAD VETTERLINE HOUSE R-2-H Old Town 0009-03R 1510 BROAD MCKENNON HOUSE R-2-H Old Town 0010-04R 1516 BROAD RENETZKY HOUSE R-2-H Old Town 0011-04R 1530 BROAD TUCKER HOUSE R-2-H Old Town 0012-04R 714 BUCHON MYRON ANGEL HOUSE R-2-H Old Town 0013-OIR 726 BUCHON JESSIE WRIGHT MATERNITY HOME R-2-H Old Town 0014-04R 743 BUCHON BRADBURY SANITARIUM R-2-H Old Town OO15-04R 745 BUCHON BRADBURY HOUSE R-2-H Old Town 0016-04R 751 BUCHON KAISER HOUSE R-2-H Old Town 0017-04R 752 BUCHON STANTON HOUSE R-2-H Old Town 0018-04R 771 BUCHON BREW HOUSE R-2-H Old Town 0019-04R 779 BUCHON UPHAM HOUSE R-2-H Old Town 0020-04R 785 BUCHON MARSHALL HOUSE R-2-H Old Town 0021-04R 793 BUCHON CROCKER HOUSE R-2-H Old Town 0022-03R 794 BUCHON FITZGERALD HOUSE R-2-H Old Town 0023-03R 850 BUCHON CLARKINORTON HOUSE R-2-H Old Town 0024-04R 860 BUCHON HOURIHAN HOUSE R-2-H Old Town 0025-04R 890 BUCHON PAULSON HOUSE R-2-H Old Town 0026-04R 896 BUCHON CROSSETT HOUSE R-2-H Old Town 0027-04R 1350 CALIFORNIA SLO HIGH SCHOOL GYMNASIUM PF 0155-05C 868 CHORRO MANCILLA/FREITAS ADOBE R-4 0028-03R 941 CHORRO MISSION SAN LUIS OBISPO C-D-S-H Downtown 0127-010 964 CHORRO SAUER/ADAMS ADOBE C-D-H Downtown 0029-03R 1026 CHORRO WADE BUILDING C-D-H Downtown 0100-05C 1029 CHORRO DUGHI BUILDING C-D-H Downtown 0101-05C 1033 CHORRO WICKENDEN BUILDING C-D-H Downtown 0102-05C 1306 CHORRO REGAN HOUSE 0 0030-05R 1318 CHORRO MAZZA HOUSE O 0031-04R 1518 CHORRO BROOKS HOUSE R-2-H Old Town 0032-03R 1546 CHORRO FLEUGER HOUSE R-2-H Old Town 0033-04R 1746 CHORRO ASTON HOUSE R-2 0034-05R 1902 CHORRO BITTICK RESIDENCE R-2 0170-05R 1907 CHORRO FINNEY HOUSE R-2 0035-05R 1953 CHORRO OLIVER HOUSE R-2 0163-05R 466 DANA ROSA BUTRON ADOBE R-3-H Downtown 0036-03R 532 DANA ANDERSON HOUSE R-3-H Downtown 0037-04R 550 DANA BARNEBERG HOUSE O-H-PD Downtown 0038-04R y- q Attachment 3 City of San Luis Obispo—Master List of Historic Resources,March 2006 Page 2 Address Historic Name Zone District Serial No. 1119 GARDEN UNION HARDWARE BUILDING C-D-H Downtown 0103-04C 1123 GARDEN SMITH BUILDING C-D-H Downtown 0104-05C 1129 GARDEN LAIRD BUILDING C-D-H Downtown 0105-05C 1130 GARDEN STOVER BUILDING C-D-H Downtown 0106-05C 1212 GARDEN GOLDTREE/MCCAFFREY HOUSE C-D Downtown 039-04C 1105 GEORGE EDWARD F.BUSHNELL HOUSE R-2 0154-05R 2132 HARRIS WEILL HOUSE R-2 0040-04R 50 HIGUERA DIV.OF HIGHWAYS DIST.5 OFF. PF 0156-03C 75 HIGUERA LOOMIS FEED CO.WAREHOUSE C-S-MU 0107-05C 236 HIGUERA H.H.WAITE PLANING MILL C-S-MU 0108-05C 570 HIGUERA GOLDEN STATE CREAMERY C-D Downtown 0190-05C 719 HIGUERA GREENFIELD BUILDING C-D-H Downtown 0110-05C 726 HIGUERA KLUVER CIGAR FACTORY C-D-H Downtown 0111-03C 736 HIGUERA CARRISA BUILDING C-D-H Downtown 0112-04C 740 HIGUERA VOLLMER GROCERY C-D-H Downtown 0113-05C 767 HIGUERA BANK OF AMERICA BUILDING C-D-H Downtown 0114-03C 777 HIGUERA DOTON BUILDING C-D-H Downtown 0115-03C 796 HIGUERA JOHNSON BUILDING C-D-H Downtown 0116-05C 799 HIGUERA COMMERCIAL BANK BUILDING C-D-H Downtown 0117-05C 842 HIGUERA WARDEN/TOWER BUILDING C-D-H Downtown 0118-04C 849 HIGUERA GOLDTREE BLOCK/HOTEL WINEMAN C-D-H Downtown 0119-05C 852 HIGUERA A.F.FITZGERALD BUILDING C-D-H Downtown 0120-05C 856 HIGUERA SANDERCOCK TRANSFER BUILDING. C-D-H Downtown 0120-05C 3897 HIGUERA LONG/BONETTI RANCH M-SP 0157-04R 1100 IRIS SOUTHERN PACIFIC WATER TOWER C/OS Railroad 0153-04C 461 ISLAY ERICKSON HOUSE R-2 0041-04R 463 ISLAY FUMIGALLI HOUSE R-2 0042-05R 497 ISLAY VOLLMER HOUSE R-2 0043-05R 535 ISLAY SANDERCOCK HOUSE R-2-H Old Town 0044-04R 591 ISLAY SANDERCOCK HOUSE R-2-H Old Town 0045-05R 644 ISLAY DANA/PARSONS HOUSE R-2-H Old Town 0046-05R 670 ISLAY FITZPATRICK HOUSE R-2-H Old Town 0047-04R 687 ISLAY ERICKSON HOUSE R-2-H Old Town 0048-03R 690 ISLAY KIMBALL HOUSE R-2-H Old Town 0049-04R 790 ISLAY JACKSON HOUSE R-2-H Old Town 0050-04R 777 JOHNSON BUCKLEY HOUSE R-2-H Mill Street 0051-05R 1720 JOHNSON THE JUDGE'S HOUSE R-2 0052-03R 2030 JOHNSON SLOHS HOME ECONOMICS BLDG. R-2 0099-05R 1590 LIZZIE LA LOMA DE LA NOPALERA ADOBE R-1-SP 0158-04C 100 MADONNA MADONNA INN C-T,C-T-S 0121-04C 1500 ETO SOLOMON FOREMAN HOUSE R-1-PD 0166-05R 536 MARSH JACK HOUSE C-D 0054-030 547 MARSH KAETZEL HOUSE C-D 0055-04R 774 MARSH SNYDER BUILDING C-D-H Downtown 0122-04C 859 MARSH MASONIC TEMPLE C-D 0123-03C 893 MARSH U.S.POST OFFICE C-D 0124-05C 951 MARSH FIRST PRESBYTERIAN CHURCH C-D 0125-03C 981 MARSH FREDERICK HART BUILDING C-D 0125-03C Attachment 3 City of San Luis Obispo—Master List of Historic Resources,March 2006 Page 3 Address Historic Name Zone District Serial No. 1117 MARSH ESQUAR HOUSE O 0056-04R 1129 MARSH RAMAGE HOUSE O 0057-04R 1135 MARSH SHIPMAN HOUSE O 0058-04R 1141 MARSH THE NURSE'S HOUSE O 0059-04R 1145 MARSH FAULKNER HOUSE O 0060-04R 1160 MARSH STOVER'S SANITARIUM O 0126-03C 1167 MARSH GRAVES HOUSE O 0061-05R 1305 MARSH REID HOUSE O 0062-05R 1266 MILL SHIPSEY HOUSE R2-H Mill Street 0063-04R 1306 MILL SMITH HOUSE R-2-H Mill Street 0064-04R 1323 MILL THE LAIRD HOUSE R-2-H Mill Street 0100-05R 1330 MILL MUSCIO HOUSE R-2-H Mill Street 0065-05R 1424 MILL MAINO HOUSE R-2 0066-05R 1460 MILL MUGLER HOUSE R-2 0067-04R 1660 MILL DR.LONG HOUSE RESIDENCE R2 642 MONTEREY HAYS/LATTIMER ADOBE O-H Downtown 0068-03R 664 MONTEREY DR.GEORGE B.NICHOLS HOUSE O-H Downtown 0069-04R 696 MONTEREY CARNEGIE LIBRARY PF-H Downtown 0128-030 747 MONTEREY MURRAY ADOBE PF-H Downtown 0070-030 782 MONTEREY MISSION SAN LUIS OBISPO C-D-S-H Downtown 0127-030 848 MONTEREY SAUER BAKERY C-D-H Downtown 0129-05C 849 MONTEREY SINSHEIIvIER BUILDING C-D-H Downtown 0130-03C 868 MONTEREY MUZIO'S GROCERY C-D-H Downtown 0131-03C 951 MONTEREY ANDERSON HOTEL C-D-H Downtown 0132-05C 962 MONTEREY BRUNNER BUILDING C-D-H Downtown 0122-05C 969 MONTEREY LOOBLINER BUILDING C-D-H Downtown 0134-05C 998 MONTEREY ANDREWS BUILDING C-D-H Downtown 0135-03C 1035 MONTEREY FREMONT THEATER C-D-H Downtown 0136-03C 1815 MONTEREY MONDAY CLUB C-T-S 0137-03C 2223 MONTEREY MILESTONE MOTEL INN C-T-S 0138-03C 1406 MORRO SNYDER HOUSE R-3-H Old Town 0071-04R 1511 MORRO MARTHA DUNLAP HOUSE R-2-H Old Town 0167-05R 1624 MORRO BULLARD HOUSE R-3-H Old Town 0072-04R 1636 MORRO BAKER HOUSE R-3-H Old Town 0073-04R 1642 MORRO ALBERT HOUSE R-3-H Old Town 0074-04R 991 NMOMO HARMONY CREAMERY O-H Downtown 0139-05C 1204 NIPOMO LOGAN HOUSE C-D 0075-05R 1344 NIPOMO ST.STEPHENS EPISCOPAL CHURCH R-2-H Old Town 0141-030 1407 NIPOMO PATTON HOUSE R-3-H Old Town 0076-04R 1428 NIPOMO ROGERS HOUSE R-2-H Old Town 0077-05R 1446 NIPOMO NICHOLS HOUSE R-2-H Old Town 0078-05R 978 OLIVE HERITAGE INN C-T 0159-05C 4025 ORCUTT RODRIGUEZ ADOBE R-1-SP 890 OSOS TEASS HOUSE O-H Downtown 0079-04R 976 0SOS COUNTY COURTHOUSE PF-H Downtown 0142-040 1301 0SOS FIRST BAPTIST CHURCH O 0143-030 1429 0SOS FRANK CAMPBELL MITCHELL HOUSE R-2-H Old Town 1443 0SOS M.F.AVILA HOUSE R-2-H Old Town 0080-03R 1700 0SOS ALLEN HOUSE R-3-11 Old Town 0081-05R Attachment 3 City of San Luis Obispo—Master List of Historic Resources,March 2006 Page 4 Address Historic Name Zone District Serial No. 1716 0SOS HAGEMAN SANITARIUM R-3-H Old Town 0082-04R 1815 0SOS PARK/REIDY HOTEL C-R-S-H Old Town 0144- 05C 14405C 863 PACIFIC ZION LUTHERAN CHURCH O 0145-04C 1106 PACIFIC KUNDERT MEDICAL BUILDING O 0146-03C 1185 PACIFIC DALLIDET ADOBE O 0083-030 800 PALM AH LOUIS STORE C-D-H Downtown 0147-03C 990 PALM SAN LUIS OBISPO CITY HALL PF-H Downtown 0164-050 1144 PALM PAYNE HOUSE O 0084-03R 1305 PALM RIGHETTI APARTMENTS R-3-H Mill Street 0085-05R 1314 PALM RIGHETTI HOUSE R-3-H Mill Street 0086-05R 71 PALOMAR SANDFORD HOUSE R-4 0087-05R 1127 PEACH J.MAINO HOUSE R-2-H Mill Street 0088-05C 1128 PEACH MAINO/RJGHETTI HOUSE R-2-H Mill Street 0089-04R 280 PISMO OLD GAS WORKS C-S 0148-04C 559 PISMO BIDDLE HOUSE R-3-H Old Town 0090-03R 649 PISMO MCMANUS HOUSE R-2-H Old Town 0091-03R 671 PISMO LEWIN HOUSE R-2-H Old Town 0092-05R 676 PISMO GREENFIELD HOUSE O-H Old Town 0093-04R 1116 PISMO VOLLMER HOUSE R-2-H Old Town 0094-04R 1123 PISMO THORNE HOUSE R-2-H Old Town 0095-05R 1341 PURPLE SAGE RODRIGUEZ ADOBE R-1-PD 0160-03C 101 I RAILROAD SOUTHERN PACIFIC DEPOT C-S-S-H Railroad 0149-04C 1021 RAILROAD SP TRANSPORTATION CO.BLDG. C-S-S-H Railroad 0168-02C 1335 ROUNDHOUSE SOUTHERN PACIFIC ROUNDHOUSE C-S-S-H Railroad 0169-02C 1703 SANTA BARBARA CALL HOTEL R-3-H Railroad 0096-05R 1717 SANTA BARBARA WILLIAM M.DUFF HOUSE R-3-11 Railroad 0161-05R 1725 SANTA BARBARA ALEXANDER GALEWSKI HOUSE R-3-11 Railroad 0162-05R 1763 SANTA BARBARA TRIBUNE-REPUBLIC BUILDING R-3-H Railroad 0152-04R 1880 SANTA BARBARA CHANNEL COMMERCIAL COMPANY C-R-S-H Railroad 0151-04C 1940 SANTA BARBARA SOUTHERN PACIFIC WAREHOUSE C-S-S-H Railroad 0150-04C 1445 SANTA ROSA KINDERGARTEN SCHOOL PF-H Old Town 0097-040 1531 SANTA ROSA ADRIANCE COURT R-3-H Old Town 0098-05R TOTAL NUMBER OF MASTER LIST PROPERTIES=174 i44 1R UCHGMaster List of Historic Resources3-28-06 w � r 1�ir ••17 ice'. �, [�' � 1 �4 ..,, ?",w,� � �-�.--- ��_� .:.'.��,Si ,r••y Hwy_ �+. � .. ` 6 r East view of • of •m Johnson Attachment 4 ,x IN J L t `u .,� F _—t= `mei -W�. ..c `.i♦ �` i] Plaque on the front elevation l� a. 6 N�I y� WIRE; 1Y.4✓- _ Northeast view from Johnson Avenue of the south elevation Attachment 4 I North elevation dormer i t a�d1 Rear elevation I Attachment 4 ty J Original interior trim detail oI. Ex �' tt �yr�r�f•�r 4k 6Ky�,� yE3-- Original Light Fixture and ceiling molding Attachrrer-It 5 city of san tui s OBI spo 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 Gallagher 1717 Santa Barbara William M.Duff House 9. Astrid Gallagher 1725 Santa Barbara Andrew Galewski House 10. Henry Duran and 1105 George Edward F.Bushnell House Brian Horrocks 11. Mark Waters 896 Buchon Cosset House 12. Mary McIntire 745 Buchon Bradbury Home 13. Adrienne Riley 1426 Broad Giffin or Dutton House 14. Bill and Michelle Walters 1504 Broad Vetterline House 15. Robert Carpenter 1511 Morro. Martha Dunlap House 16. John and Melissa Louch 1435 Broad George Miller House 17. Keith and Kathy Godfrey 963 Broad. Manderscheid House 18. GaryToll 1117-1119 Marsh Esquar House N Attachmel it 5 Mills Act Properties,9/13/06 Page 2 Property Owner Address Historic Name 19. Sani Java 1212 Garden McCaffrey House 20. David Hannings 642 Monterey Hays/Latimer Adobe 21. Steven and Ilene Sicanoff 1720 Johnson The Judge's House 22. Gordon and Deanne Oliver 1428 Nipomo Rogers/Sandercock House 23. Richard and Adian Lenz 559 Pismo Biddle House 24. Vince Fonte,Rob Rossi, 1314 Palm Righetti House Brendan McAdams 25. Russell and Rea Berg 1306 Mill Lind House 26. Brendan and Katherine 1323 Mill Laird House McAdams 27. Steve and Laurie Butler 497 Islay Vollmer House 28. Steve and Susan Lumm 1500 Eto Solomon Foreman House G:\®-PLAN\intem projects\Cari\For Jeff\List of Mills Act properties owners updated 9-6.doc Q Attachment 6 Meeting Update San Luis Obispo Cultural Heritage Committee Council Hearing Room (Room 9) 990 Palm Street, San Luis Obispo February 26, 2007 Monday 5:30 p.m. ROLL CALL: Committee Members Sandy Baer, Dan Carpenter, Robert Pavlik, Lynne Landwehr, Tom Wheeler, Vice Chair Barbara Breska and Chairperson Chuck Crotser. Absent. Committee member Wheeler. STAFF: Tyler Corey and Jaime Hill, Associate Planners; Jeff Hook, Senior Planner. MINUTES: The minutes of January 22, 2007 were approved as amended on a 6:0 vote. PUBLIC HEARING ITEMS: 1. 1119, 1123, 1125, 1127. 1129, and 1137 Garden Street, 712, 720, 722, 728, 736, nd 748 Marsh Street. ARC 124-06; Applicant presentatio nd introduction of the den Street Terrace mixed use infill redevelopment lect; C-D-H zone; Garden Str t SLO Partners, applicants. Tyler Corey introduce a Garden Street Terrace fixed-use development and explained the project's status, development revie steps and principle planning and design issues. He introduced project eveloper, Hamish Marshall, and representatives Carol Florence (Oasis ss ciates) and George Garcia (Garcia Architects and Design) who further explal a the project and presented a detailed project description and PowerPoint slid . The ' es showed the project elevations from all sides, highlighting the adjac t buildings an project's possible effects on historically significant or potential/ * nificant historic resou s. Following these presentt* s, the public hearing was opened an a citizens spoke on the project. They ividually raised concerns, variously, about the oject's scale and height, effect o Garden Street's architectural character, increased ading of Garden Street a Garden Alley, loss of historic buildings through reloc ' n or demolition, and a proposed upper building setbacks facing Garden Street. Lengthy scussion of the project followed, with CHC members offering wide-ranging comm nts on cultural resources potentially affected by the project and the project's design compatibility with the Downtown Historic District. Following is a summary of the Committee members'comments,on which there was general Committee agreement: 0 Attachment 6 CHC Meeting Update, February 26, 2007 Page 4 On a 6-0 vote, the Committee determined that the proposed project was consistent with the Historic Preservation Program Guidelines and that it would be compatible with the Old Town Historic District. The Committee referred the project to the Community Development Director (Minor or Incidental Architectural Review) with recommendation to approve the proposed design. Committee member Dan Carpenter recused himself from the meeting. 4. 2030 Johnson Avenue. CHC 190-06; Request for Mills Act Contract for the historic San Luis Obispo High School Economics Building; R-2 zone; Dan and Sandy Carpenter, applicants. (Brian Leveille) Jeff Hook introduced the item and noted that this was house was one of the City's most recent additions to the Master List of Historic Resources. Committee members felt the house was a good candidate for the Mills Act Program, and on a 5-0 vote, recommended that the City Council approve a Mills Act contract for the historic Old San Luis Obispo High School Home Economics Building, as described in the draft contract attached to the agenda staff report. Discussion Items: Communications: A. Agenda Forecast— Staff Staff gave a brief forecast of upcoming meetings and pending projects. B. Historic Survey Status C. Committee Committee member Baer noted that this would be her last CHC meeting and thanked other members and staff for helping to make her participation on the Committee such a positive learning experience. She added that she would attend the upcoming Advisory Body Dinner. The meeting adjourned at 8:30 p.m. to the next regular meeting on Monday, March 26, 2007, at 5:30 p.m., in the Council Hearing Room, 990 Palm Street, San Luis Obispo. ® The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Please contact the City Clerk or staff liaison prior to the meeting if you require assistance. 7c6 Attachment 7 RECORDING REQUESTED BY: CITY OF SAN LUIS OBISPO WHEN RECORDED RETURN TO: City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Attn: City Clerk Recorded for the benefit of the City of San Luis Obispo at No Fee Under Section 27383 of the Government Code. The undersigned declare that there is no documentary transfer tax on this matter. RESOLUTION NO. (2007 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 DANIEL AND SANDY CARPENTER, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 2030 JOHNSON AVENUE, 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 003-584-028, located at 2030 Johnson Avenue, San Luis Obispo, California 93401, also described as the Old San Luis Obispo High School Home Economics Building, (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 0 Attachment 7 Council Resolution No. (2007 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. 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 owners, Attachment 1. SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty(20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: The foregoing Resolution was adopted this 2007. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED: nat Lowell, City Attorney 0 Attachment 7 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 2030 JOHNSON AVENUE, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this—day of , 2007, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Daniel L. and Sandra K. Carpenter(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: y.,.2-3 0 0 Attachment 7 Historic Property Agreement, 2030 Johnson Avenue 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 A, to the satisfaction of the Community Development Director or his designee. B. If the building's interior closely relates to the property's eligibility as a qualified historic property, the Owner agrees to allow pre-arranged tours on a limited basis, to the approval of the Community Development Director or his designee. C. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character-defining architectural features such as oak and mahogany details, pillars and arches, special tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior y-�y O Attachment 7 Historic Property Agreement, 2030 Johnson Avenue Page 3 and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code.Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this agreement, apply to y�� Attachment 7 Historic Property Agreement,2030 Johnson Avenue 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 2030 Johnson Avenue, 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: Daniel and Sandra Carpenter 2030 Johnson Avenue 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 7 Historic Property Agreement, 2030 Johnson Avenue 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. y-�7 0 10 Attachment 7 Historic Property Agreement, 2030 Johnson Avenue 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 OWNERS Daniel L. Carpenter Date Sandra K. Carpenter Date STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On this day of , 2007, 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. y-29- 0 0 Attachment 7 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 2030 JOHNSON AVENUE,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 2030 Johnson Avenue. 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 April 3, 2017 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. Exterior siding and trim exterior finishes shall be repainted and maintained, with new materials which match original materials,to the approval of the Community Development Director. B. Replace and extend eaves on the house to match the original building, to the approval of the Community Development Director. C. Repair termite damage on existing decks and in the attic. D. Repair and add molding to interior of house in all rooms and upgrade electrical to original light fixtures inside and outside of home. E. Repair and maintain all solid oak interior floors. F. Repair roof and flashing around fireplace exit on roof. G. Repair stairs to front and side entrance. H. Replace or repair various windows as needed consistent with the original window styles. I. Repair and replace rain gutters as needed. OWNERS Date Date Attachment 7 Date G:bleveille(MMAct/2030 Johnson Avelcontract