HomeMy WebLinkAbout06/03/2008, C3 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC SHIPSEY HOUSE (CHCMA 10-08) i
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A ACEnbA Report °®N .
CITY OF SAN LUIS OB IS' PO
FROM: John Mandeville, Director of Community Development
Prepared By: Brian Leveille, Associate Planner
SUBJECT: APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC SHIPSEY
HOUSE (CHCMA 10-08).
CAO RECOMMENDATION:
As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills
Act contract for the historic Shipsey House located at 1266 Mill Street (CHCMA 10-08).
DISCUSSION
Advisory Body Recommendation
At its March 24, 2008, public hearing, the CHC voted 6-0 to recommend the City Council approve
a Mills Act contract for the historic Shipsey House (Vicinity Map-Attachment 1) as described in the
draft Mills Act contract (Minutes-Attachment 2).
Background
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. So far this year, one property
has been approved for a Mills Act Contract - ■■n
(Stover's Sanitarium, 1160 Marsh Street) and four
other applications are pending including this E ®`
esaen,
request. Originally begun in 1996 as a pilot -
program, the Mills Act Program allows the City to
enter into preservation contracts with the owners F amore I. Entry and front elevation of Shipsey House
of designated historic properties who promise to
preserve, maintain and in some cases, improve the properties in return for property tax savings. 32
historic properties are already benefiting from the program and realizing property tax reductions of
up to 50 percent (Attachment 2). The City recently received a request by the owners of the historic
Shipsey House to be included in the Mills Act program for tax savings required to continue
restoration and maintenance of the building.
Cr
i
City Council Staff Report,
Mills Act Contract for 1266 Mill Street
Page 2
Property Description
Address: 1266 Mill Street
Historic Name: Shipsey House
Owner: Matthew Quaglino
Current Use: Single-Family Residence
Zoning: R-2-H (Medium-Density Residential with Historic Overlay)
Status: Added to the Master List of Historic Resources in 1983 and potentially eligible for National
Register.
Architectural/Historical Background
According to CHC records, the Shipsey House is a rare surviving example of vemacularized Eastern
Stick style constructed between 1891 and 1901 (see Historic Resources Inventory, Attachment 3). The
inventory states: "Though it was probably carpenter designed, the definite stick work on the porch, the
varying treatments of shingle sheathing, Queen Anne mullions, and other decor reveal a decisive
picturesque and irregular intent that characterizes the late Victorian Era. The hipped roof is almost
mansard in its effect and the dormers quite pronounced making this one of the more lively
architectural specimens in San Luis Obispo. " The house is also important historically because it was
the home of William Shipsey until his death in 1922. William Shipsey was an attorney and notary, who
had his office in the Andrews Building. Shipsey was also the mayor of San Luis Obispo from 1898 to
1901. After the William Shipseys death, his wife, Annie, resided in the house until her death. At the
time the historical survey was completed in 1983, ownership still remained in the Shipsey family.
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. Standard
features of the contracts include:
1. The County Tax Assessor assesses the historic property's value using a"Capitalization of Income"
method. This assessment method can often result in significant property tax savings, particularly
for properties acquired after the 1990s. If the contract is canceled, the assessment is gradually
increased to market value basis over the remaining contract term.
2. The property owner must promise to preserve the building and to use the tax savings to maintain
and/or improve the historic building to enhance its historical value, exterior appearance, structural
condition, or longevity. Each contract includes an exhibit which lists the maintenance and
improvement measures for which tax savings will be used.
3. The contract is recorded, and is binding on subsequent owners, heirs, or assigns until the
C3 - z
City Council Staff Report,
Mills Act Contract for 1266 Mill Street
Page 3
agreement is canceled. There is a significant financial penalty for breach of the historic contract.
4. Mills Act Contracts have a minimum 10-year term. The agreement is self-renewing annually for
additional one-year terms, so there is always 10 years remaining on the contract until the owner or
City decides not to renew the contract. Once written notice of non-renewal is given, the contract
will remain in effect for the balance of the term remaining since the original contract execution or
since the last renewal date, as the case may be. The agreement may be amended by mutual consent
of the City and property owner.
5. Building changes are possible under the contract; however changes must comply with all City
requirements and with the Secretary of the Interior's Standards for Historic Preservation Projects,
with the guiding objective being the preservation of the building's original historical character and
significance.
Applicant's Intended Restoration
The applicant is planning extensive exterior rehabilitation and interior restoration is already underway.
Exterior work is planned to include re-roofing, window repair and replacement, sideing, ornamental
detail repair and replacement, installation of roof gutters and downspouts, exterior paint and
landscaping for the grounds including walkways and patios. An important part of the exterior work will
be to remove the exterior stair access added to the rear of the house in the 1960's (Figure 2,below).
The applicant has submitted a letter describing planned building repairs to be undertaken with Mills
Act Program assistance (Attachment 4). These repairs would help ensure the building's long term
preservation and are consistent with the program's guidelines.
F i
Figure 2.Rear of structure and exterior
stairs to be removed.
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
e ,3-J
City Council Staff Report,
Mills Act Contract for 1266 Mill Street
Page 4
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. List of Historic Properties under Mills Act Contracts
3. Historic Resources Inventory
4. Property Owners' Letter
5. Cultural Heritage Committee Minutes, March 24, 2008
6. Draft Council Resolution and draft Mills Act Contract
g/cdplan/bleveillehnillsacUCHC10-08(1266 Mill Street)/CHC 10-08(1266 Mill Saee[)CCRepott.doc
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VICINITY MAP File No. 10=08
1266 Mill Street
Attachmentcity of
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List of Historic Properties Under Mills Act Contracts
Updated May 13,2008
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. Gary Toll 1117-1119 Marsh Esquar House
Attachment 2
Mills Act Properties,5/13/08
Page 2
Property Owner Address ITistoric Name
19. Sani Java 1212 Garden McCaffrey House
20. David Mannings 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
29. Dr.\William Watson 800 Palm Ah Louis Store
30. Dan and Sandy Carpenter 2030 Johnson Ave Old SLO Economics Bldg.
31. Comel Artho &Shelby Bentz 1746 (Morro Street Aston Home
32. RKE Properties II 1160 Marsh Street Stovees Sanitarium
33. Matt Quaglino 1266 Mill Street Shipsey House (pending)
34. Pierre and Terri Rademaker 1333 Mill Street Bunch House (pending)
g/cd-plan/jhook/miltsact/list of mills as propenies5.13-08
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DEPARTMENT OF PARKS AN" -"oEATION
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HgER_ �R; ttachment
HISTORIC RESOURCES INVENTORY UTM: q 10/713g0� .s507(
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IDENTIFICATION
I. Common name: Shipsey House
2. Historic name: Shipsey House
3. Street or rural address: 1266 Mill Street
Cit% San Luis Obispo {
Zip 93401 County San Luis Obispo E
` 4. Parcel number' 01-212-20
5. Present Owner: Shipsey; J.E.
Address: 1266 Mill `
City San Luis Obispo 93401
Zip —Ownership is; Public Private % f
6. Present Use: Residential
Original use: Residential
DESCRIPTION
i
7a• Architectural style: Eastern Stick (Victorian cottage with stick motifs)
7b. Briefly describe the present physical description of the site or structure an
original condition: d describe any major alterations from its
The dwelling at 1266 Mill is a large two story frame structure
multiple cross-facing gables. Two high with
cface
Plus peaked pediment over front Porch. One gableahass1/1 doublethung
window with fixed panes on either side.. The other gable has multi-paned
casement windows. On the front of the house there are: 1 large three-
panel 1/1 double hung window, one .fixed window with Queen Anne mullioned
multi-panes, one large 3/1 double hung on the porch. Varied siding
includes clapboard, fishscale and other decorative shingles.. The front
facing gable has fishscale shingles plus a sunburst fan at lower corners.
Horizontal and vertical stickwork painted in contrasting color is used
extensively. The open porch to one side of the front has columns, cawed
at the top. A high wooden fence runs along the, side of the lot on Johnson
Avenue.
B. Construction dater
Estimated Factual
{ 4. Architect Unknown
10. Builder Unknown
11. Approx. property size (in feet)
Frontage 75 ' Depth 175 '
orapprox. acreage
12. Date(s) of enclosed photograph(s)
December 1982
I
Attacliment13. Condition. Excellent _Good x er ng existenceFair_ Deteriorated No Ion i 3
14. Alterations:
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_Densely built-up
Residential X Industrial _Commercial Other:
16. Threats to site: None known X Private development_ Zoning _ Vandalism
Public Works project Other:
17. Is the structure: On its original site? Yes Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.)
This house, built between 1891 and 1901 is a rare surviving example of
a vernacularized Eastern Stick style. Though it was probably carpenter
designed, the definite stick work on the porch, the varying treatments
of shingle sheathing, Queen Anne mullions, and other decor reveal a
decisive picturesque and irregular intent that characterizes the late
Victorian era. The hipped roof is almost mansard in its effect and
the dormers quite pronounced making this one of the more lively
architectural specimens in San Luis Obispo.
The-house is likewise historically important because until his death
in,1922 it-was- the home of WillianvShipsey, an, attorney and notary,
vhw.had his office in the Andrews Building. 'Shipsey was mayor of
San Luis. Obispo from. 1898. to,1901, ,and president of the: Public Library
'in 1912. .After-.his death his ,wife, Annie, continued to reside in..the
home until her death, and ownership still remains in the Shipsey.
family.
Locational sketch map (draw and label site and
surrounding streets, roads,and prominent landmarks):
20. Main theme of the historic resource: (If more than one is NORTH
checked, number in order of importance.)
Architecture t Arts& Leisure
Economic/Industrial_(:xploration/Settlement
Government 2 Military
Religion Social/Education 3'
21. Sources (List books,documents,surveys,personal interviews
and their dates). d.
History of San Luis Obispo County and
Its Environs by Annie Morrison, 1917.
Sanborn Fire Insurance Maps
(1891, 1903) �(
rJ
22 Date form prepared _. ',1.
By (name) Historic Res. Survey -staff
Organizatic
ta fOrganization City o San Luis Obispo
Address: P.O. Box
City an Luis Obispo Zip
Phone:- (805) 541-1000
Attachment 4
Matthew Quaglino
643 Grove Street
San Luis Obispo, Ca 93401
January 29,2008
City of San Luis Obispo,Planning Department
919 Palm Street
San Luis Obispo, Ca 93401
Re: Mills act application for 1266 Mill Street
I recently purchased the historic Shipsey property located at 1266 Mill Street. The property
was included on the city's list of historic resources in 1983. I intend to renovate and
preserve the structure and surrounding grounds back to the original condition when
constructed in 1890's. To assist me in accomplishing the task I am requesting your support
and approval to include the property into the Mills Act.
The property is in need of extensive rehabilitation and a regular maintenance program.
Aside from the unseen repairs necessary to restore a pre 1900 structure which will also
include the following repairs and restoration; Re-roofing,window repair and replacement,
siding and ornamental detail repair and replacement. Installation of roof gutters and
downspouts,exterior paint and landscape the grounds including walkways and patios. We
also plan to construct a garage to the rear of the property that is architecturally
appropriate to the style of the home,a rough draft of a rendering by Pierre Rademaker is
included for your review. We also plan to remove the exterior stairs that were added to the
rear of the house in the 1960's and the wooden ramp added in the 1990's to access the rear
door.The ramp will be replaced with period appropriate stair access.The attached exhibit
"A" is a more detailed description of the planned repairs and restoration. I have included
photos of the exterior and interior of the property that show the current condition when
purchased on January 18,2008.
In addition to the extensive exterior restoration we will be restoring the interior as close to
the original condition of the home as possible.This will be a unique and rewarding project
since the majority of the home is intact from the original construction with very little
modifications. The interior of the home still has the original gas lighting fixtures,lincrusta
dado wall treatments,most wood work,doors and carved brass door hardware.
I have included with the application copies of the cities Historic Resource Inventory report
and a narrative supplied by the family on the history of the occupants.
I request the consideration of the city by allowing the property to be included into the Mills
act to aide in the restoration and maintenance of this important and valuable historic
resource.The property is available for inspection at any time. Please do not hesitate to
contact me with any questions or for additional information.
Sincerely,
Matt Quaglino
e.3 /o
Attachment 4
EXHIBIT A
MAINTENANCE AND IlVIPROVEMENT MEASURES FOR PROPERTY AT 1266
MILL STREET, SAN LUIS OBISPO, CALIFORNIA.
1. Owner shall preserve, maintain and repair the historic building, including its character-defining
architectural features in good condition,to the satisfaction of the Community Development
Director or designee,pursuant to a Mills Act Preservation Contract with the city of San Luis
Obispo for property located at 1266 Mill Street. Character-defining features shall include, but are
not limited to: roof, eves, 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 ten years from the date of recording the contract with the
County Recorder.All changes or repairs shall be consistent with the city's Historic Preservation
Program Guidelines and the Secretary of the interior's Standards for Historic Preservation
Projects. Owner further agrees to:
A. Building roof shall be replaced and or repaired to match the original architectural
design of the house.
B. Repair or replace the exterior siding and trim with new materials where necessary,
new materials shall match that of the original materials.
C. Repair or replace windows as necessary, replacement windows shall match the
architectural and material standards of the original windows.
D. Repair any termite damage as required.
E. Remove the modern exterior stair access to the second floor and replace with period
appropriate access and remove the existing ramp to the rear door and replace with
period appropriate stairs.
F. Paint the exterior of the building to match historic exterior finish treatments. All
painted surfaces shall be properly prepared,primed and painted with high-quality
exterior paints.
G. Landscape the grounds with a period appropriate landscape design and materials,
including the removal of the existing 6' fence and asphalt walkways. Install
automatic irrigation system.
H. Install street trees as directed by the city arborist.
I. Install concrete/brick walkways and rear yards patios with Victorian period designs.
3. Property shall be maintained in accordance with Zoning Regulations, and with the city's
Property Maintenance Standards.
Owners
Matthew Quaglino Date
Joyce Quaglino Date
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Attachment 4
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HISTORIC RESOURCES INVENTORY UTM: q 10/713g0�, sy070800 8C
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IDENTIFICATION
1. Common name: Shipsey House
2. Historic name: Shipsey House
3. Street or rural address: 1266 Mill Street
City San Luis Obispo Zip 93401 County San Luis Obispo
4. Parcel number: 01-212-20
M1 S. Present Owner: Shipsey, J.E. Address: 1266 Mill
City San Luis Obispo Zip 93401 Ownership is: Public Private %
6. Present Use: Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Eastern Stick (Victorian cottage with stick motifs) t
7b. Briefly describe the present physica/description of the site or structure and describe any major alterations from its
original condition:
The dwelling at 1266 Mill is a large two story frame structure with
multiple crass-facing gables. Two high pitched gables face front,
plus peaked pediment over front porch. One gable has 1/1 double hung
window with fixed panes on either side.. The other gable has multi-paned
casement windows. On the front of the house there are: 1 large three-
panel 1/1 double hung window, one .fixed window with Oueen Anne mullioned l
multi-panes, one large 3/1 double hung on the porch. Varied siding
includes clapboard, fishscale and other decorative shingles.. The front
facing gable has fishscale shingles plus a sunburst fan at lower corners.
Horizontal and vertical stickwork painted in contrasting color is used `
extensively. The open porch to one side of the front has columns, carved
at the top. A high wooden fence runs along the. side of the lot on Johnson
Avenue.
B. ConstructionJdattLn
Estimatea 1885 Factual
F _ 9. Architect Unknown
10. Builder Unknown
t-
11. Approx. property size (in feet)
Frontage 75 ' Depth 175 '
orapprox. acreage
12. Date(s) of enclosed photograph(s)
December 1982
D
Attachment 4
13. Condition: Excellent _Good X Fair_ Deteriorated No longer'in existence
14. Alterations:
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_Densely built-up
Residential X Industrial _Commercial
_Other:
16. Threats to site: None known X Private development_ Zoning _ Vandalism
Public Works project Other:
17. Is the structure: On its original site? Yes Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.)
This house, built between 1891 and 1901 is a rare surviving example of
a vernacularized Eastern Stick style. Though it was probably carpenter
designed, the definite stick work on the porch, the varying treatments
of shingle sheathing, Queen Anne mullions, and other decor reveal a
decisive picturesque and irregular intent that characterizes the late
Victorian era. The hipped roof is almost mansard in its effect and
the dormers quite pronounced making this one of the more lively
architectural specimens in San Luis Obispo.
The-house is likewise historically important because until his death
in,1922 it'was_ the home of Wtlliam� Shipsey, an, attorney and notary,
who,-had his office in the Andrews Building, Shipsey was mayor of
San Luis. Obispo from 1898. to',1901, ,and president of the: Public Library.
-in 1912. -After his death his wife, Angie, continued to reside in�,the
home unti3. her death, and- ownership still remains in the Shipsey
family.
Locational sketch map(draw and (abet site and
surrounding streets,roads,and prominent landmarks):
20. Main theme of the historic resource: (If more than one is NORTH
checked, number in order of importance.)
Architecture i Arts& Leisure
Economic/Industrial_Fxploration/Settlement
Government 7 Military
Religion Social/Education . 3'
21. Sources (List books,documents,surveys,personal interviews
and their dates).
_History of San Luis Obispo County and
Its Environs by Annie Morrison, 1917.
Sanborn Fire Insurance Maps
(1891, 1903)
22 Date form preparedAIN 1 1 19RI \V�'
By (name) Historic Res. Survey Staff
OrganizationCity of-San Luis Obispo
Address: P•0. Box Tzr
City an Luis i.spo Zip-
Phone: (805) 541-1000
Attachment 4
f � r
The history of the Shipsey house at 1266 Mill St. starts before it was built. 1266 Mill
was not the first SLO home of William and Annie Shipsey, their previous house was on
the south side of Mill at Pepper St., my great uncle; Rev. Edward Shipsey, SJ; was born
in this house in 1890. This is now the railroad cut across from the Maino house. Since
my great-grandparents liked the Mill St. location they purchased a lot one block away to
build their new house.
On this lot William Shipsey had Ted Maino build three structures; the main house
at 1266 Mill; a carriage house, and a storage building between them. The storage
building was demolished in 1992, per City requirements, as a nonconforming structure on
a mud sill. At some point, after1910, the carriage house was moved from the back of the
lot and converted to a residence, the 777 Johnson house, this and the original house
remain.
The date for the construction is not precisely known but is probably in the early
1890's. We know my grandfather, William T. Shipsey was born at the 1266 Mill house
in 1892 from family history; the house is not on the 1891 fire map and is on the 1903
map; but when asked by my father, James Shipsey, Ted Maino said he completed the
house in 1902, Dad thought he was confusing "ninety two" with "nineteen two" as his
"father wasn't born in a tent."
The original lot was subdivided and by the death of William in 1922 the
remaining property was a single lot encompassing the 1266 Mill and 777 Essex, now
Johnson, houses. On his death the property was further divided by grant deed to allow
the Mill St. house to be homesteaded and the rental purchased from the estate by my
great-grandmother. The line of partition passed through the sheet metal garage. This
deed establishes that the carriage house was a residence and the garage was constructed
prior to 1922.
The rental conversion of the carriage house probably took place prior to WWI,
between 1910 and 1914, based on anecdotal evidence. The wiring and interior
construction materials found in the 1970's remodel of 777 Johnson would be consistent
with the expectations of an early "teens" to "twenties" construction. The sheet metal
garage could not have been built before 1914 since it is not present in photographs of the by
Attachment 4
present and wired to the standards of 58-60, the gas was disconnected in a prior rewiring.
The house was re-plumbed with galvanized water pipe and cast-iron sewers at some
point. I believe that,there was a prior sewer line at least, since we had 40'-60' of
salvaged 4" lead sewer pipe in the back yard when I was growing up in the house. All of
the bathroom and kitchen fixtures have been replaced at least once since 1957. The
downstairs full bath was remodeled for handicap accessibility in 2001.
777 Johnson Ave.
The 777 Johnson house was originally the carriage house, barn or stable when the
property was built out in 1892. At that time it was located about 80' from the street as
can be seen on the pre-1926 Sanborn maps. The structure is seen to the rear of the
property in the 1910 photo at the County Museum and is absent or moved in the 1913
family photo of the Mill St house attached. My father, uncle and aunt all were told that
this was an original building converted to a rental when the need for horse drawn
connivances went away, i.e. when the family converted to automobiles. This 1913-photo
1J
may indicate this event.
The house is a fir framed redwood plank construction. The original interior walls
were tongue and groove wainscot to 4' and pressed paper wall board, about like triple
thick paper pad backing, for the walls and ceiling. It was wired with bell wire and in
1972 there was a short in this wiring that caused the house to be condemned. After
removing all the internal walls we requested a re-inspection. The house was found to be
structurally sound but the foundation and wiring needed replacement.
The house was completely remodeled. The only remaining wainscot is on the
stairway and in the upstairs bathroom. The interior walls are plasterboard and the wiring
is per 1972 code. The old soft brick foundation was replaced with a cinderblock and
concrete one with the house lifted about 6"-8" above the original height. The exterior
walls and the framing are about the only original parts of the house.
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Attachment 5
CITY OF SAN LUIS OBISPO
CULTURAL HERITAGE COMMITTEE MINUTES
Regular Meeting of March 24, 2008
The meeting convened at 5:30 p.m. in the Council Hearing Room, San Luis Obispo City
Hall, 990 Palm Street.
ROLL CALL:
Present: Committee Members Chuck Crotser, Lynne Landwehr, John Fowler, Dean
Miller, Elise Wheeler, Vice Chair Robert Pavlik and Chairperson Barbara
Breska
Absent: None
Staff: Jeff Hook, Senior Planner, and Kim Murry, Deputy Director of Community
Development, Tyler Corey and Michael Codron, Associate Planners and
Michelle Lakey, Recording Secretary.
ACCEPTANCE OF AGENDA: Commissioners or staff may modify the order of items.
MINUTES: Minutes of February 25, 2008. On a motion by Committee member Crotser,
seconded by Committee member Miller, the minutes of February 25, 2008
were approved as amended on a 7-0 vote.
PUBLIC COMMENT:
There was no public comment.
PUBLIC HEARING ITEMS:
Chairperson Breska announced that she had a conflict of interest for items #1
and#2 and left the room.
1. 1266 Mill Street. CHCMA 10-08; Request to add the Shipsey House to the Mills Act
Program; R-2-H zone; Matthew Quaglino, applicant.
Jeff Hook presented the staff report. Staff recommended the Committee support-the
request for a Mills Act contract for the Shipsey House and that the Committee
recommend City Council approval of the contract. He indicated the proposed garage
addition is consistent with the Historical Preservation guidelines and could be approved
by the Community Development Director as "Minor or Incidental" if supported by the
CHC. Pierre Rademaker, applicant's representative and designer, explained the
project.
Committee member Landwehr noted that there appears to be a page missing from the
Historic Resources Inventory section of the staff report.
CHC Minutes,
March 24, 3008 Attachment 5
Page 2
Senior Planner Jeff Hook said that this will be addressed for the report that is
considered by the City Council.
Acting Chairperson Pavlik opened the public hearing, and hearing no public comment,
closed the hearing.
COMMITTEE COMMENTS:
Committee members discussed the amount of detailing on the proposed garage
addition and felt the garage's exterior elevations should be simplified so that the garage
is distinguishable from the historic residence but still compatible with the architectural
style. Committee member Crotser suggested deleting the "sunburst" detail on the
garage elevations and slightly reducing the amount of fishscale shingles. Committee
members expressed appreciation for the restoration work on the house and delight that
there are so many original materials still intact and able to be restored.
On a motion by Committee Member Crotser, seconded by Committee Member Miller;
the Committee voted 6-0 (Chairperson Breska - recused) to recommend approval of the
Mills Act Contract to the City Council, and to recommend the Community Development
Director approve the proposed garage structure based on the recommended findings
and conditions.
Findings:
1. Conservation and Open Space Element program 3.6.2 indicates the City will
participate in financial assistance programs such as property tax reduction
programs that encourage maintenance and restoration of historic properties.
2. The Shipsey House located at 1266 Mill Street has been recognized as a historic
asset in the community by its designation as a Master List Historic Property. As
such, maintaining the structure will meet the City's goals for historic preservation
listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element.
3. The proposed single car garage is consistent with standards contained in the
Historical Preservation Program Guidelines; project does not involve the demolition
or substantial modification of a historically significant structure, the project will be
complementary to the historic Shipsey House and will be compatible with
surrounding structures.
4. The proposed single car garage is consistent with General Plan Policy LU 2.2.10
for compatible development and Housing Element policy HE 3.13.1 since the
project is consistent with the neighborhood character.
5. The project is categorically exempt under Class 3, New Construction or
Conversion of Small Structures, of the CEQA Guidelines.
C3 ,2z
CHC Minutes, AttaChment J
March 24, 3008
Page 3
Condition:
1. Simplify the architectural details on the garage structure, to the approval of the
Community Development Director.
2. 1333 Mill Street. CHCMA 143-07; Request to change the historic design on of
he property from Contributing Property to the Master List and consider ion of a
Act contract request; R-2-H; Pierre and Tem Rademaker, applica .
Jeff Hook pr ented the staff report. He reported that the Committee h d requested the
applicant return ith additional information related to property's envir nmental setting to
address remain', criteria for Master List recommendation, d added that the
applicant had
res
ded with the information contained in th Committee's agenda
packet. Staff recom ended the property be placed on th Master List of Historic
Resources and that the C forward a nomination to the Ci Council and recommend
approval of a Mills Act Cont ct.
Pierre Rademaker, applicant, lained that the I ge setbacks are part of the
environmental character of the Mi Street neighbo ood and that his house has the
largest setback on. the street. The atedals ar typical of Craftsman homes. Mr.
Rademaker suggested that the .home a call the "Burch House" because of the
impact that Mr. Burch had on the communi .
Acting Chairperson Pavlik opened the pu c h aring, and hearing no public comment,
closed the hearing.
COMMITTEE COMMENTS:
Committee member Crotser ap eciated that the interio of this home is intact and
supports Master List designatio and Mills Act Contract
Committee member Fowler sked staff to follow up at a later C C meeting to explain
procedures for ensuring operty owner compliance with Mills Ac contract terms and
requirements, and staff acknowledge the information would be cheduled for an
upcoming CHC meetin .
On a motion by Co mittee Member Crotser, seconded by Committee mber Miller,
the Committee vo ed 6-0 (Chairperson Breska — recused) to recommend a property
be placed on th Master List of Historic Resources and to forward the recom endation
for both the n mination and the Mills Act Contract to the City Council subje to the
following find' gs.
Findings-
1. T e property qualifies for nomination to the Master List of Historic Resources
ased on listing criteria of Environmental Design Continuity (eligibility criteria V.)
C3 - 2j
� Attachment 6
RESOLUTION NO.#### (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
APPROVING A 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
MATTHEW QUAGLINO, OWNER OF A DESIGNATED HISTORIC RESOURCE
AT 1266 MILL STREET, 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 owner possesses fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel
Number 001-212-024, located at 1266 Mill Street, San Luis Obispo, California 93401, also
described as the"historic Shipsey House", (hereinafter referred to as the"historic property"), and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property
as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to 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. 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,
Exhibit A.
SECTION 2. 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.
�3 ,2�
Attachment 6
SECTION 3. Recordation of the Agreement. No later than twenty(20)days after the parties
Council Resolution No. (2008 Series)
Page 2
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 , 2008.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED:
ona Lowell, C ty Attorney
C3 ,2s
Attachment 6
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1266 MILL
STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this_day of , 2008,by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the"City"), and Matthew
Quaglino (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:
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.
Attachment 6
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 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.
7
Attachment 6
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 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
919 Palm Street
San Luis Obispo, CA 93401
C3 z �
Attachment 6
To Owners: Matthew Quaglino
643 Grove Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
A. None of the terns, 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 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.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
Attachment 6
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
Mayor David F. Romero Date
OWNERS
Matthew Quaglino Date
Date
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
On this day of , 2008, 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 FORM:
1 ATHM P. LOWELL
City Attorney
C.3 - 3 �
Attachment 6
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1266
MILL STREET, SAN LUIS OBISPO, CALIFORNIA.
1. Owner shall preserve, maintain, and repair the historic building, including its character-defining
architectural features in good condition, to the satisfaction of the Community Development Director or
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property
located at 1266 Mill Street. Character-defining features shall include, but are not limited to: roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window
screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract,
but in no case later than April 15, 2018 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. Replace and or repair roof to match the original architecture of the house.
B. Repair or replace the exterior siding and trim with new materials where necessary. New materials
shall match that of the original materials.
C. Repair of replace windows as necessary, replacement windows shall match the architectural amd
material standards of the original windows.
D. Repair any termite damage as required.
E. Remove the modem exterior stair access to the second floor and replace with period appropriate
stairs.
F. Paint the exterior of the building to match historic exterior finish treatments. All painted surfaces
shall be properly prepared, primed, and painted with high quality exterior paints.
G. Landscape the grounds with period appropriate landscape design and materials, including the
removal fo the existing 6-foot high fence and asphalt walkways. Install automatic irrigation system.
H. Install street trees as directed by the City arborist.
I. Install concrete/brick walkways and rear yard patios with Victorian period designs.
OWNERS
Date
Date
Date
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