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HomeMy WebLinkAbout07/15/2008, C4 - RECOMMENDATION TO APPROVE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1443 O i council. Mc mDa.-7/15 0$ j Acjen6A nepont Item Numb.. C 44 C I TY OF SAN LUIS OBISPO FROM: John Mandeville, Community Development Director Prepared By: Tyler Corey, Associate Planner SUBJECT: RECOMMENDATION TO APPROVE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1443 OSOS STREET WITH JAMES AND DIANE DUENOW. CAO RECOMMENDATION: As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills Act Historic Preservation Contract for property located at 1443 Osos Street. DISCUSSION Background The property owners of 1443 Osos Street (Attachment 1, Vicinity Map) have requested that their property be approved for a Mills Act Historic Preservation Contract. The property is already on the Master List of Historic Resources, designated the "M.F. Avila House", and is located in the Old Town Historic District. A request for a Mills Act Contract requires a public hearing before the CHC, recommendation to the City Council and Council approval. To qualify for the Mills Act program, the property must be on the Master List of Historic Resources. t _ 5 `x. �n I The applicant is requesting to be part of the Mills Act program to provide for ongoing maintenance, preservation and site improvements (Attachment 2, Property Owner Letter). The CHC and staff recommends the City Council approve the applicant's request to be part of the Mills Act program and attached draft Mills Act contract. cl-- L Council Agenda Report-CHCMA 55-08 July 15, 2008 Page 2 Date Summary Address: 1443 Osos Street Applicant: James and Diane Duenow Representative: Thom Brajkovich Zoning: R-2-H (Medium-Density Residential with Historic overlay) General Plan: Medium-Density Residential Site Area: Approximately 11,120 square feet Status: Added to the Master List of Historic Resources in August, 1983; Eligible for the National Register. Architectural and Historical Information The property is included in the City's Master List of Historic Resources and is eligible for the National Register. The house is located on the northwest comer of Osos and Buchon Streets across from Mitchell Park in the Old Town Historic District. This one-story Mediterranean/Spanish Revival architectural style structure has a low pitched gable with mission tile roof material and projecting eaves. - The floor plan was designed to provide access to r and views of two interior court yard areas. The entry foyer has an octagonal projection with portholes that extends above the first story. Constructed between 1927 and 1929, the M.F. Avila House is one of the few architect-designed residences in the City for that era. Designed by an architect from Santa Barbara named Edward z Abrahms, the 70x80, 8-room, framed-stucco residence was built for Manuel Francisco Avila View of Wood at a cost of about $8000.00. Avila, a prosperous m dairyman, cheesemaker, and general farmer, Veiling Detail in ry g j'' , Hallway came to San Luis Obispo in the 1890's from the Azores Islands. 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 C14- Z l_ Council Agenda Report—CHCMA 55-08 July 15, 2008 Page 3 property may be listed as a Master List property if it meets any of the criteria in the Historic Preservation Program Guidelines. The second type of historic resource identified by City policy 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 City's 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. On June 23, 2008, the CHC determined that a proposed remodel to the Avila House to accommodate a more functional garage was consistent with the Historical Preservation Program Guidelines. Roof repair and tile replacement is currently underway as the first step in this remodel process. Mills Act Program In December 2000, the City Council approved the Mills Act Program as an on-going historic preservation program and allowed up to 10 additional historic properties to be included in the program annually. Originally begun in 1996 as a pilot program, the Mills Act Program allows the City to enter into preservation contracts with the owners of designated historic properties who promise to preserve, maintain and in some cases, improve the properties in return for property tax savings. 33 historic properties are already benefiting from the program and realizing property tax reductions of 50 percent or more (Attachment 3, List of Historic Properties under Mills Act Contracts). As of June 2008, three historic properties have entered into Mills Act contracts and three are pending Council approval, which leaves four additional contracts available this calendar year. 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 Cil�3 1 Council Agenda Report-CHCMA 55-08 July 15, 2008 Page 4 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 attached Mills Act contract was prepared using standard language provided by the State Historic Preservation Office (Attachment 4, Draft Mills Act Contract). 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 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 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. 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 the Treatment of Historic Properties, with the guiding objective being the preservation of the building's original historical character and significance. CHC Recommendation At its June 23, 2008 meeting, the CHC held a public hearing on the property owners' request to add their single-family home at 1443 Osos Street to the Mills Act Historic Preservation program. The Committee voted 5-0 (Fowler and Wheeler were absent) to recommend that the City Council approve the applicant's request to be part of the Program and adopt the attached draft Mills Act Contract (Attachment 5, CHC Meeting Update). I Council Agenda Report-CHCMA 55-08 July 15, 2008 Page 5 FISCAL IMPACT Approval of the Mills Act Historic Preservation Contract for the Avila House will result in a minor decrease in annual property tax revenue received by the City. ALTERNATIVES 1. The Council may continue review of the item, if more information is needed. Direction should be given to staff and the applicants. 2. The Council may deny the request to enter into a Mills Act Historic Preservation Contract for property located at 1443 Osos Street with James and Diane Duenow. ATTACHMENTS 1. Vicinity Map 2. Property Owner Letter 3. List of Historic Properties under Mills Act Contracts 4. Draft Council Resolution and Mills Act Contract 5. CHC Meeting Update, June 23, 2008 6. Historic Record and Sanborn Maps G:\tcorey\CC\CHCMA 55-08(Avila Hoose)\CHCMA 55-08(1443 Osos)_Council.doc LI File No. 55=08 - ' Attachment 2 - JAMES M. DUENOW POST OFFICE BOX 12410 A LAW CORPORATION S50 DANA STREET .SAN LUIS OBI$PO, CA 93406 SAN LUIS OBISPO. CALIFORNIA 93401 TELEPHONE (BOB) 541-6182 TELECOPIER (8051 541-5821 April 28, 2008 City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, California 93401 Re: Mills Act Contract Dear Sir: The purpose of this letter is to request an approval of a Mills Act Contract for my property at 1443 Osos Street in the City of San Luis Obispo. The property is commonly known as the Avila House and is on the master list of historic resources for the City of San Luis Obispo. I have just purchased the property. The property is in need of much deferred maintenance work. It needs the following items at the following estimated costs. I• The roof must be taken off and repaired, as there are several leaks in the house. The roof is made of antique $55,000.00 tiles, which must be hand removed, stored and put back on the property after the roof is worked on to stop the leaks, to remove dry rot or insect infestation damage and the like. The aim is to repair the 80 year old roof and Put it back so that it looks exactly the same as it did prior to the repair work 2• Re-wire and upgrade old knob and tube wiring in the house. Much of the wiring and the outlets are out of $8,750.00 date, worn and may be dangerous. There also needs to be installed wiring to accommodate more modem breakers and electrical controls C y -� Attachment 2 JAMES M. DUENOW A LAW CORPORATION April 28, 2008 Page 2 3. The current heating, which consists of electric wall heaters $9,500.00 must be removed and replaced. Many of the wall heaters are so old that they may create a fire hazard. It proposed to put in modern natural gas central heating and utilize the current wall heater coverings so that there will be no change on the inside look of the house. 4. The entire house, inside and out, needs to be re-painted $35,000.00 and repaired. Many of the shutters, windows, gutters, down spouts and screens need repair and replacing. This is an estimated cost 5. The kitchen must be modernized by installation of new $55,000:00 electrical wiring, testing, removal and modernization of plumbing and sinks, removal of the work and falling apart flooring. The cabinetry needs to be expanded utilizing the current doors to keep the same look as the historic building has. The estimated cost is: 6. The flag stone walkways, courtyard and fountain and $12,000.00 pond are broken, uneven, leaking and constitute a hazard and have to be replaced. An attempt will be made to duplicate the look that now exists. The estimated cost is: 7. The garage must have the roof razed, must be expanded $35,000.00 in size to allow entry from the street. The historic garage was entered through court. The entry to the court is not large enough to accommodate modern vehicles. Therefore, the garage must be "turned around" so that it can be entered from the street. The estimated cost is: 8. The landscaping must be addressed. The traditional $7,500.00 landscaping is badly overgrown and in need of pruning and removal in some instances and the re-planting with similar vegetation. The estimated cost is: 9. There may be other maintenance items that must be $0.00 addressed, such as the condition and use of the old water unknown system and the dumbwaiter to the basement. There also may be other items of maintenance and repair that are not known at this time but will become better known once we have moved into the house. TOTAL $217,750.00 C�L ` � Attachment JAMES M. DUENOW 2 A LAW CORPORATION April 28, 2008 Page 3 We are very happy to have acquired the Avila House and want to maintain its look and feel while bringing it up to modern safe standards for livability. We request that we be allowed to enter into a Mills Act Contract to help us finance these enormous costs. Respectfully submitted ames M. Duenow C i — I - ittachment 3 City of san Lues oBispo 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 BradburyHome 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 3 Mills Act Properties, 5/13/08 Page 2 Propeny Owner Address Historic Name 19. Sani Java 1212 Garden McCaffrey House 20. David Hannings 642 Monterey Hays/Latimer Adobe 21. Steven and Ilene Sicanoff 1720 Johnson The Judge's House 22. Gordon and Deanne Oliver 1428 Npomo 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 NO 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 Stovers Sanitarium 33. Matt Quaglino 1266 Mill Street Shipsey House 34. Pierre and Terri Rademaker 1333 NO Street Burch House (pending) g/cd-plar✓jhook/miRsact/list of mills act properdes5-13-08 Attachment 4 RESOLUTION NO. (2008 Series) RESOLUTION 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 JAMES AND DIANE DUENOW, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1443 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 003-541-013, located at 1443 Osos Street, San Luis Obispo, California 93401, also described as the M.F. Avila 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. WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on June 23, 2008 to consider a request by James and Diane Duenow, owners of 1443 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: C �1 - t2 Attachment 4 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 M.F. Avila House, located at 1443 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. 3. The Cultural Heritage Committee has reviewed and approved the proposed site and building changes, which are incorporated into the Mills Act Program for the property. 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. C� - l3 Attachment 4 Council Resolution No. XXXX(2008 Series) Upon motion of seconded by , and on the following call vote: AYES: NOES: ABSENT: The foregoing Resolution was adopted this 12008. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jonathan Lowell, City Attorney C�I - fy Attachment 4 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1443 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 James and Diane Duenow (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 tern 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, the house, garage and gardens and their 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. �� IS Attachment 4 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, artwork, 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. �� - �(0 '-� Attachment 4 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 1443 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 4 To Owners: James and Diane Duenow 1443 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. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. CSI -l8 Attachment 4 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. APPROVED AS TO FOW0: CITY OF SAN LUIS OBISPO JO P. LOWELL Mayor David F. Romero Date ity Attorney OWNERS James Duenow Date Diane Duenow 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. CSI - � I Attachment 4 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1443 OSOS STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve, maintain, and repair the historic buildings and gardens, including their 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 1443 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 July 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: 1. Repair roof leaks (remove dry rot or insect damaged areas). Clean and retain antique clay tiles. 2. Upgrade electrical wiring throughout the house. . 3. Upgrade heating system from electrical wall heaters to natural gas central heating. 4. Repaint entire structure, inside and out. All painted surfaces shall be properly prepared, primed, and painted with high quality paints. All interior wall art shall be retained and/or repainted to match. 5. Repair or replace windows as necessary. All replacement windows shall match the architectural design, colors and materials of the original windows. 6. Modernize the kitchen (i.e. wiring, plumbing, and flooring). All new expanded cabinetry shall match existing. 7. Upgrade the existing garage for modem vehicles. This would include raising the roof and increasing its size. 8. Landscape the grounds (street yards and interior court yards) with period appropriate landscape design and materials. Install automatic irrigation system. 9. Replace the pedestrian walkway from the Osos Street public right-of-way to the front entry porch. 10. Replace exterior lighting with period light fixtures, to the approval of the Community Development Director. 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 James Duenow Date Diane Duenow Date Cq- 20 Attachment 5 Meeting Update San Luis Obispo Cultural Heritage Committee June 23, 2008 Monday 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 Vice Chair John Fowler and Chairperson Elise Wheeler were absent. STAFF: Kim Murry, Deputy Director, Community Development PUBLIC COMMENT: There was no public comment. MINUTES: Minutes of May 27, 2008, regular meeting. Minutes were approved as amended. PUBLIC HEARING ITEMS: 1443 Osos Street. CHC 58-08; Review of proposed changes to the Avila House to d new garage doors, remodel the garage, and install a planter wall along the si alk; R-2-H zone; James and Diane Duenow, applicants. (Phil Dunsmore) Kim Murry, De Director of Long-Range Planning presented the staff report asking the Committee to ermine that the proposed remodel is consistent with the Historical Preservation Progra idelines and General Plan Policies regarding new construction for historic buildings and istoric districts, and recommend the Community Development Director appro a project as Minor or Incidental. There was no public comment. Committee members asked clarifying ques of staff and indicated support for the project as proposed. Committee member Miller stated he would like the ver a on finding #1 to end after `vicinity'. On a motion by Committee Member Crotser, seconded by Commi Member Davis, the Committee voted 5:0 to determine that the proposed remodel is co stent with the Historical Preservation Program Guidelines and General Plan Policies re ing new construction for historic buildings and in historic districts, and recommend the Community Development Director approve the project as Minor orincidental with recommended change to finding #1. 2. 1443 Osos Street. CHCMA 55-08; Request for Mills Act contract for the Historic Avila House; R-2-H zone; James Duenow, applicant. (Tyler Corey) 0,4-2-t Attachment 5 CHC Agenda Page 2 Kim Murry, Deputy Director Long-Range Planning, presented the staff report asking the Committee to forward a recommendation to the City Council to approve the applicant's request to be part of the Mills Act Historic Preservation program and endorse the attached draft Mills Act Contract. She explained that this would be the seventh building considered for a Mills Act contract this year. James Duenow, applicant, stated that a lot of the work that needs to be done is just deferred maintenance to help preserve the home. Committee Member Miller expressed concerns about the Mills Act Contract process but supported the proposed contract for this particular property. Committee member Landwehr requested that staff return with an item at a future CHC meeting to discuss the Mills Act program in general, including information regarding enforcement, monitoring, and reporting requirements. All Committee members agreed with the request. On a motion by Committee Member Landwehr, seconded by Committee Member Davis, the Committee voted 5:0 to forward a recommendation to the City Council to approve the applicant's request to be part of the Mills Act Historic Preservation program and endorsed the attached draft Mills Act Contract. Ci ide. Review of updated Archaeological Resource Preservation Program idelines; City of San Luis Obispo, applicant. (Continued from May 27, 2008, m 'ng) (Jeff Hook) Kim Murry in r d that Chairperson Wheeler expressed interest in participating in the discussion but co of make the meeting tonight due to illness. She specified that the CHC could consi a item since a quorum was present or could act to continue the item to a time when C erson Wheeler could participate. COMMITTEE COMMENTS: Committee Member Landwehr stated tha did not feel comfortable with discussing the proposed updates to the archaeological g lines without Chairperson Wheeler, who is a professional archaeologist, present. All Committee members present agreed that the item sho a continued to a date when the full Committee could participate in the discussion. Fred Collins, Northern Chumash Tribal Council, stated that he does n ind coming back to a future meeting to participate provided he still has the right to m comments at that time. ® The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Please contact the City Clerk or staff liaison prior to the meeting if you require assistance. State of California—The Resou' " gancy T' .�: OEPARTMENT OF PARKS A' ;REATION HABS HAER_^ HISTORIC RESOURCES INVENTORY uTM: C 71307- ' Attachment 6 IDENTIFICATION I. Common name: Serpa Residence 2. Historic name: Avila House 3. Street or rural address: 1443 Osos Street City San Luis Obispo Zip 93401 County San Luis Obispo r 4. Parcel number: 03-541-13 5. Present Owner: Serpa, J.L. , et al.. Address: 1443 Osos ' City San Luis Obispo Zip 93401 Ownership is: Public Private X 6. Present Use: Residential Original use: Residential DESCRIPTION 7a. Architectural style: Mediterranean/Spanish Revival 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its original condition: This one story structure with an irregular plan has a roof with a low pitched gable with Mission tile and projecting eaves. An octagonal room projection with porthole extends above the first story, as well as three chimneys_ The building skin is stucco. The entry porch is open with stucco/ plaster columns. The solid wood entry door is recessed. windows have fixed panes of six lights except for one30 light window beneath the right front gable end. The smaller windows have wood shutters. The unit is setback and landscaped. 8. Construction date: 1927-29 Estimated Factual 9. Architec Edward Abrahms 10. Builder Unknown 11. Approx. prffgrty size (in feet) Frontage Depth 140' or approx. acreage 12. Date(s) of enclosed photograph(s) --— December 1982 DP IR E „ Attachment 6 13. Condition- Excellent _Mood Fair }X 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 ? 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.) Constructed between 1927 and 1929 this house is one of the few architect designed residences in San Luis Obispo for that era. Designed by an architect from Santa Barbara, Edward Abrahms, the 70 x 80' , eight room, frame/stucco residence was built for Frank Avila, a prosperous dairyman, cheese maker and general farmer; Avila came to San Luis Obispo in the 1890's from the Portuguese Azores Islands. His son reports that Abrahms got the idea for the Mediterranean design of this house while in Chile. As a student earning his way through USC's School of Architecture, Abrahms played music and one of his jobs took him to Chile. While in South America, he visited the Chilean countryside and sketched many houses of the Spanish South American aculturated design, one of which in the 1920's served as a prototype for the Avila house. Locational sketch map (draw and label site and surrounding streets,roads, and prominent landmarks): 20. Main theme of the historic resource: (If more than one is NORTH checked, number in order of importance.) Architecture 1 Arts& Leisure Economic/Industrial 2 Exploration/Settlement Government Military Religion Social/Education 2 21. Sources (List books,documents, surveys, personal interviews and their dates). Interview with Frank Avila, Jr. (May 1983) 22. Date farm prepared AIN 15 1983 By Hici-orir Rac_ Snrup�7 Ataff Organization_C'i i-y of Gan T.ni c n},i ar n Address: R.0_ Sox 321 City San Luis Obispo Zip 93401 Phone: (8 )5) 541-1000 c �- z� Y. ;State of California—The Reso,• gency _ DEPARTMENT OF PARKS AN[ �EATION HABS HAER! ' UTM: A10/713670 A_ tt_ac_ l ament '6 HISTORIC RESOURCES INVENTORY C IDENTIFICATION p� pas 1. Common name: 2. Historic name: T 1 J 11A, tiewsc- 3. Street or rural address: 1443 Osos Street Cites_ San Luis Obispo Zip 93401County San Luis Obispo 4. Parcel number: 03-541-13 5. Present Owner: Serpa, J.L. et al. Address: 1443 Osos Street City San Luis Obispo .� n zip 93401 Ownership is: Public Private x 6. Present Use: RcS IGS f�CJ� Original use: PIP Ck7fT DESCRIPTION 7a. Architectural style: Mediterranean/Spanish Revival 7b. Briefly.describe the present physical description of the site or structure and describe any major alterations from its original condition: This one-story structure with an irregular plan has a roof with a low pitched gable with mission tile and projecting eaves. An octagpnal room projection with porthole extends above the first story ( as well as three ch_imneys). The building skin is stucco. The entry porch is open with stucco/plaster columns. The solid wood entry door is recessed. Windows have fixed panes of six lights except for one 30 light window beneath the right front gable end. The smaller windows have wood shutters. The unit is setback and landscaped. Attach Photo(s) Here 8. Construction date: Estimated _ Factual 9. � 9. Architect �W t A""b64 AN 10. Builder a, 11. Approx. property size (in feet) Frontage t/.S 1 Depth 15<0 or approx. acreage 12. Date(s) of enclosed photograph(s) 1�2c- IRfrz DPR 523(Rev.4/79) ti a - -- Attachment 6 13. Condition.- Excellent _G+ood Fair✓ Deteriorated No long( r 14. Alterations: 15. Surroundngs: (Check more than one if necessary) Open land _Scattered buildings_Densely built-up Residential ?! Industrial _Commercial Other: 16. Threats to site: None known V Private development_ Zoning _ Vandalism Public Works project Other: 17. Is the structure: On its original site? Ve3 . Movedl Unknown? 18. Related features: SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.) 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 I Arts& Leisure Economic/Industrial —Exploration/Settlement Government Military Religion Social/Education :L 21. Sources (List books,documents,surveys,personal interviews and their dates). r r✓1 e,,., i/1 11� 22. Date form prepared By (name) Organization Address: City Zip Phone: Cy -�� A tuchment 6 1891 Sanborn Fire Insurance Maps -1 1429 Osos Street-Brick portion is shaded i PISMO fi{I' Zi A n a t i C "5 w � a ss• ` � a at ys � � H ® y h Y If r 4 pa 40 .D it .9 2,Y 1B v1 ,y 2J 4r y rf ut aJ iF BUCHON K. 7 J' it r---- n •� f a 1i' J Al. y h '� h i 1l_~) Attachment 6 ' 1903 Sanbom Fire Insurance Maps 1429 Osos Street Brick portion is shaded f n h II Ix x 1 II .5 U J .96r I . PISMO �I cu I II P ,3 96_' /O ' II r x Ix x 29. �Z x /. b Jr i P 0 Y s 9; 14 II � Q h cn o II x o !I h 107 II _ ^� 3Bz Axl � II 62 0. R, II r � N N „ A / 3U Z, 26 J 60 II e 9T- h BUCHON -- II II C�I- 2� Aftachm, ent 6 1957 Sanborn Fire Insurance Maps 1429 Osos Street - Brick portion is shaded / 4 A, If," I II y _Z7 t.: a ---- LZ • 8 I 42I I 9.54•S6 59 II _ a•.0 Frac — �vvv =a cea vsv: ssriaa3 v = — ta vim . avvv Fo se PISMO 60 , { r 9SS A61V g85 99i M � T6E � ' d II a� • �t••B Z. .•, r •i i 2� CD %cA A 972 D InhIIIqIIII� I r ' M EPT lv 1 � o 9.54 c....•.,r ..., g ...,..,. � � II VT BUCHON B2 II (-- u C� � 1