HomeMy WebLinkAbout06/17/2008, C6 - RECOMMENDATION TO APPROVE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1429 O council Mc.dne Da. O
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C I T Y O F S AN L U IS O B I S P O
FROM: John Mandeville, Community Development Direct ?
Prepared By; James David, Planning Technician
SUBJECT: RECOMMENDATION TO APPROVE A MILLS ACT HISTORIC
PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1429
OSOS STREET WITH STEPHEN LINDER AND CYNTHIA SEMEL.
CAO RECOMMENDATION:
As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills
Act Historic Preservation Contract for the property located at 1429 Osos Street.
DISCUSSION
Background
The property owners of 1429 Osos _..._.__._..___.,_
Street (Attachment 1, Vicinity Map)
have requested that their property be W
approved for a Mills Act Historic
Preservation Contract. The property is
already on the Master List of Historic ,
Resources, designated the "Frank -- --- --
Campbell Mitchell House", and is
located in the Old Town Historic
District. A request fora Mills Act
Contract requires a public hearing o
before the CHC, recommendation to 4J A 1
the City Council and Council approval.
To qualify for the Mills Act program,
the property must be on the Master List �t
of Historic Resources. Frank Campbell Mitchell House, Osos Street elevation
The applicant is requesting to be part of the Mills Act Program to provide for ongoing
maintenance, preservation and site improvements (Attachment 2, Property Owners' Letter).
Staff supports the applicant's request to be part of the Mills Act Program and recommends the
City Council approve the attached draft Mills Act contract.
C
Council Agenda Report — Mills Act Contract, 1429 Osos Page 2
Site Data
Applicants/Property Owners: Stephen Linder and Cynthia Semel
Zoning: R-2-H
General Plan: Medium-Density Residential
Site Area: 5250 square feet
Site Description: Level site with one bedroom house, covered walkway and two-car
garage. The site is bordered by Medium Density and Medium-High
Density residential development on three sides.
Architectural/Historical Backaround
According to County records, the residence was built in 1883-84 by Frank Mitchell and has
historically been used as a residence. Mitchell was known as an excellent masonry contractor
and served as Mayor of San Luis Obispo, City Trustee, and three terms as County Supervisor
at the end of the 19th century. The house is located across Osos Street from Mitchell Park, a
park named after Frank Mitchell. It is probably the earliest masonry constructed house in San
Luis Obispo. Today, the house retains many of the signature exterior features of the original
building. The property is located in the Old Town neighborhood and was previously
designated as a contributing historic property, along with many other properties in this
neighborhood, by the City Council. A more detailed background of the property is contained
in a CHC historic inventory prepared by Betsy Bertrando (Attachment 3, Historic Resource
Inventory and Sanborn Maps for the Frank Campbell Mitchell House).
The property was substantially restored by local designer Eric Meyer. The rehabilitation of the
residence included: demolition of the
interior walls, construction of a new
steel and wood interior wall system,
roof, concrete foundation, and an <'
upper floor with loft bedroom. A two-
car garage joined to the house with ar—
covered walkway was constructed in
the rear of the property. Original 0.
exterior walls, rock foundation, and
ti
wood corbels at the fascia were
reserved in accordance with the 4 �
Secretary of Interior's Standards and
adopted Historic Preservation - �: _x
Program Guidelines. The property
was added to the Master List of
Historic Resources in January, 2005. View from interior courtyard
C� - a
i
Council Agenda Report - Mills Act Contract, 1429 Osos Page 3
Types of Historic Resources
There are two types of historic resources in San Luis Obispo. Individual buildings that have
significant historic or architectural value are called "Master List Properties". These are the most
unique and or important historic resources and merit special recognition and protection. A
property may be listed as a Master List property if it meets any of the criteria in Historic
Preservation Program Guidelines.
The second type of historic resource is the "Contributing Property". The Contributing Properties
List consists of about 700 properties that contribute to the architectural and historical character of
the neighborhoods in which they are located. A Contributing Property is defined as a structure
'built before 1941 that has retained its original architectural style and when viewed in the context
of its surroundings, contributes to the historic character of the area' (City Council Resolution No.
6424 (1988 Series). While most contributing properties are located within historic districts, the
CHC and the City Council have determined they may be located anywhere in the City if they
meet the above criteria.
Effects of Historic Listing
Once properties are added to the Master List, they are eligible to receive and display a historic
plaque and to participate in the Mills Act Historic Preservation Program. Exterior site and
building changes are possible, provided that such changes promote the structure's original
architectural style and character. Significant site and architectural changes are referred to the
CHC to determine whether the changes are consistent with City standards and to meet CEQA
requirements.
Mills Act Prow
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. 34 historic properties are already benefiting from the program and
realizing property tax reductions of 50 percent or more (Attachment 4, List of Historic
Properties under Mills Act Contracts). As of January 2008, three historic properties have
entered into Mills Act contracts, with three properties pending Council approval.
Historic Preservation is an important goal of the City's General Plan. Conservation and Open
Space Element 3.3.1 indicates that significant historic and architectural resources should be
identified, preserved and rehabilitated. Program 3.6.2 stipulates that the City will participate
in financial assistance programs that encourage maintenance and restoration of historic
properties (COSE 3.6.2). By providing a financial incentive, the Mills Act Program is one of
the most effective tools available to encourage the preservation of heritage properties. The
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Council Agenda Report - Mills Act Contract, 1429 Osos Page 4
attached Mills Act contract was prepared using standard language provided by the State
Historic Preservation Office (Attachment 6, Draft Mills Act Contract). Standard features of
the contracts include:
• 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.
• 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.
• 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.
• Mills Act contracts have a minimum 10-year term. The agreement is self-renewing
annually for additional ten-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 original contract execution or since the last renewal date. The agreement
may be amended by mutual consent of the City and property owner:
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 the Treatment of Historic
Properties, with the guiding objective being the preservation of the building's original
historical character and significance..
Advisory Body Recommendation
At its May 27, 2008 meeting, the CHC held a public hearing on the property owners' request to
add their single-family home at 1429 Osos to the Master List of Historic Resources. The
Committee voted 7-0 to recommend the City Council approve the applicant's request to be part
of the Mills Act Historic Preservation program and adopt the attached draft Mills Act Contract.
FISCAL IMPACT
Approval of the agreement will result in a minor decrease in property tax revenue.
Council Agenda Report - Mills Act Contract, 1429 Osos Page 5
ALTERNATIVES
1. Continue the item for additional analysis or research.
2. Deny the request to enter into a Mills Act Historic Preservation Contract for property located
at 1429 Osos Street with Stephen Linder and Cynthia Semel.
ATTACHMENTS
1. Vicinity Map
2. Property Owners' Letter
3. CHC Historic Inventory and Sanborn Maps
4. List of Historic Properties under Mills Act Contracts
5. CHC Meeting Update, May 27, 2008
6. Draft Council Resolution and Mills Act Contract
G:ICD-PLANIIDAVIDICHCMaster LishCHCMA 48-08 (1429 Osos)_Council
J
MAP .File• is
Attachment 2
April 15, 2008
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
To Whom it May Concern:
We request approval of a Mills Act Contract for our property, located at 1429 Osos
Street, San Luis Obispo. The property is included on the City's "Master List of Historic
Resources". The property has already been substantially restored in accordance with
historical guidelines. We intend to maintain the property in accordance with these
guidelines and to devote property tax savings realized through the Mills Act by
improving the landscaping surrounding the house and maintaining its exterior facade
in a condition that will respect the historic standards established for buildings of its age
and character.
Sincerely,
Stephen Linder
Cynthia Semel
Sfate of California—The Resources Agency Primary # P-40 041102
DEPARTMENT Of PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRNP Status Code 7
Other Listings
Review Code Reviewer Date
Page 1 of 2 *Resource Name or#: (Assigned by recorder) F. C. Mitchell House
P1. Other Identifier: Lot 4 Block 107. Mission Vineyard Tract
*P2. Location: ❑ Not for Publication ® Unrestricted *a. County San Luis Obispo
and (P2c, P2e, and P2b or Ptd. Attach a Location Map as necessary,)
*b. USGS 7.5' Quad San Luis Obispo Date Revised 1994 T JOS; R 12E; N`V7 1/4 of NEA of Sec 35; B.M.
c. Address 1429 Oscs Street City San Luis Obispo Zip 93401
1 d. UTM: (Give more than one for large and/or linear resources) Zone mE/ mN
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate)
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and
boundaries) This brick residence was built in the late 1880s by brick and masonry contractor FC Mitchell for his family.
If
Mitchell also served as Mayor and 3 terms as Supervisor for San Luis Obispo. By 1903 there was a wooden addition in the
rear that was increased in size by 1927. The wooden addition has been removed and the original brick house remains. It
was covered with stucco and molding approximately 20 ago when the house was condemned by the City of San Luis Obispo.
It has sat vacant ever since. Current plans are to put back an addition and create 2 rental units. The gable roof is an early
addition to the slightly rectangular structure that has a flat roof brick room extending out the back. Parts of the original house
are still evident in the 4 pane segmental windows and tall doorways that had glass transoms. Two fireplaces and the original
flooring remain as well. At least I interior wall was completely removed and another was partially removed in an attempt
to make an arch between 2 rooms. Two layers of plaster covered the interior walls with layers of wallpaper between and
on top of the last plaster board. The layers have all been removed and it has been cleared to the original brick on the interior.
*P3b.Resource Attributes: (List
attributes and codes) HP2 Single
Family Property
*P4.Resources Present: N Building
r ��F ❑ Structure ❑ Object ❑ Site ❑
District ❑ Element of District ❑
lt.• Other (Isolates, etc.)
-r P5b. Description of Photo: (view, date,
t accession #)View t0 SW 7/2001
*P6. Date Constructed/Age and
- ; Source: ® Historic
❑ Prehistoric ❑ Both
est. Late 1880s
*P7. Owner and Address:
Keith & Kathy Godfrey
4 ' 963 Broad Street
San Luis Obispo, CA 93401
qcs.
*PB.Recorded by: (Name, affiliation, and
- address) Betsy Bertrando
'M_ 267 Foothill Blvd.
. `' San Luis Obispo, CA 93405
*P9.Date Recorded: July 2001
*P10.Survey Type: (Describe) California Register Nomination *P11. Report Citation: (Cite survey
report and other sources, or enter "none.") Resource Inventory and Preliminary Evaluation for Frank
Campbell Mitchell House, July 2001, Prepared by Betsy Bertrando for Keith Godfrey
*Attachments: ❑NONE ®Location Map ❑Continuation Sheet ❑Building, Structure, and Object Record
❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record
❑Artifact Record ❑Photograph Record ❑ Other (List):
DPR 523A (1/95) *Required information
Attachment 3
1891 Sanborn Fire Insurance Maps
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1429 Osos Street - Brick portion is shaded
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Attachment 4
city of
san Lui s osr spo
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. MaryMcIntire 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 4
Mills Act Properties, 5/13/08
Page 2
PropenyOwner 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
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 Chorro Street Aston Home
32. RKE Properties II 1160 Marsh Street Stover's Sanitarium
33. Matt Quaglino 1266 Mill Street Shipsey House
34. Pien-e and Terri Rademaker 1333 Mill Street Burch House (pending)
g/cd-p1an/jhook/miUsact/1t of mills act propenies5-13-08
Meeting Update - Attachment 5
San Luis Obispo Cultural Heritage Committee
May 27, 2008 TUESDAY 5:30 p.m.
ROLL CALL: Committee Members Barbara Breska, Chuck Crotser, Katy Davis,
Lynne Landwehr, Dean Miller, Vice Chair John Fowler, and
Chairperson Elise Wheeler
STAFF: James David, Planning Technician, Phil Dunsmore, Associate Planner,
Pam Ricci, Senior Planner, Jeff Hook, Senior Planner and Kim Murry,
Deputy Director, Long-Range Planning
PUBLIC COMMENT: David Brodie, 875 Chorro, spoke on the importance of CHC
historical review and the need for an updated Downtown Conceptual Physical Plan.
MINUTES: Minutes of April 28, 2008, regular meeting and April 29, 2008, retreat were
approved as amended.
PUBLIC HEARING ITEMS:
1. 1429 Osos Street. CHCMA 48-08; Request for Mills Act Contract for the Historic
Mitchell House in the Old Town Historic District; R-2-H zone; Stephen
Linder/Cynthia Semel, applicants. (James David)
On a motion by Committee member Davis, seconded by Committee member Crotser,
the Committee voted 7-0 to recommend the City Council approve a Mills Act Historic
Preservation contract for the historic Frank Campbell Mitchell House as described in the
draft Mills Act contract, subject to the following findings:
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 Frank Campbell Mitchell House, located at 1429 Osos 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.
2.. 1617 San a Street. ARCMI 26-08; Request to remove and reb imney
and add 70 s.f. to ntributing historic property in the n Historic District;
R-3-H zone; Elaine Simer, licant. (James D
On a motion Committee mem ndwehr, nded by Committee member Davis,
the Committee voted ommittee members Whee Fowler) to Determine the
proposal to re a the chimney and construct an addition is convsfeQtwith the Historic
Presery n Program Guidelines and General Plan Policies regarding ne struction
e Z —/,5/
1
Attachment 6
RESOLUTION NO. (2008 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 STEPHEN LINDER
AND CYNTHIA SEMEL, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT
1429 OSOS STREET, IN SAN LUIS OBISPO.
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California.
Government Code Section 50280 et seq. (Known as "the Mills Act") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an on-going historic
preservation program to promote the preservation, maintenance and rehabilitation of historic
resources through financial incentives; and
WHEREAS, the owners possess fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel
Number 003-541-012, located at 1429 Osos Street, San Luis Obispo, California 93401, also
described as the Frank Campbell Mitchell 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 cant' out the purposes of California
Government Code, Chapter 1, Part 5 of Division I of Title 5, Article 12, Sec. 50280 et seq., and
to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. sea. of the Revenue
and Taxation Code.
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on May 27, 2008 to consider a request by Stephen Linder and Cynthia Semel,
owners of 1429 Osos Street; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo based on the Cultural Heritage Committee's recommendation, documentation for the
property on file in the Community Development Department, public testimony, the staff report,
and on the City's Historical Preservation Program Guidelines, the following:
! r �
Attachment 6
Council Resolution No. XXXX(2008 Series)
SECTION 1. 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 Frank Campbell Mitchell House, located at 1429 Osos 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.
SECTION 2. 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 3. 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 4. Environmental Determination. The City Council has determined that the above
actions do not constitute a project, as defined by Section 15378 of the California Environmental
Quality Act and are exempt from environmental review.
SECTION 5. 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 2008.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROV
a owell, City Attorney
C - Attachment 6
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1429 OSOS
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 Stephen
Linder and Cynthia Semel (hereinafter referred to as "Owne'rs"), 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
eele I7
Attachment 6
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 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 fumish 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.
e le /r
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
1429 Osos Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set
forth in this agreement. The City and Owner hereby declare their specific intent that the covenants,
reservations, and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic
property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the
historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless
of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other
instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the parties
hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Attachment 6
To Owners: Stephen Linder
Cynthia Semel
1429 Osos Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors or assigns, nor 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.
L4 � d
0 Attachment v
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 -
Mayor David F. Romero Date
OWNERS
Stephen Linder Date
Cynthia Semel 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:
r=
1 m P. LOWELL
City Attorney
C'' Attachment 6
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1429
OSOS 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 1429 Osos 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 June 3, 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:
1. Add landscaping on south wall in rear yard.
2. Repair or replace fence on shared property line with adjacent neighbor.
3. Plant landscaping in alley way on the side of the garage.
4. Improve front yard gardens.
5. Install irrigation system.
6. Install new gates at the side and rear entrances to the property.
7. Replace exterior lighting with period light fixtures, to the approval of the Community
Development Director.
8. Install new arbor feature in alley way on the side of the garage.
9. Clean and maintain roof tiles and exterior fagade.
10. Safety pruning of tree in street yard.
11. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by
periodic repainting and repair of exterior materials and surfaces, high quality landscape
maintenance, and repair or replacement of site features, such as fencing, walls, lighting, or
other historic site features.
OWNERS
Stephen Linder Date
Cynthia Semel Date