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HomeMy WebLinkAbout09/02/2008, C2 - RECOMMENDATION TO APPROVE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1052 I counCk M..GniD.e D� doEn6A Repom Item Number // n CITY OF SAN LU IS OBISPO FROM: John Mandeville, Community Development Director PREPARED BY: James David, Planning Technician SUBJECT: RECOMMENDATION TO APPROVE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1052 ISLAY STREET WITH MICHAEL AND SHARON SINGLETON. 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 1052 Islay Street. DISCUSSION Backaround The property owners of 1052 Islay 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 "Kaufman House", and is - - located in the Old Town Historic C' District. A request for a Mills Act Contract requires a public hearing before I . I + E the CHC, recommendation to the City _ Council and Council approval. To qualify for the Mills Act program, the property w must be on the Master List of Historic xView from Islay Resources. 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. c2-� Council Agenda Report - Mills Act Contract, 1052 Islay Page 2 Site Data Applicants/Property Owners: Michael and Sharon Singleton Zoning: R-3-H General Plan: Medium-High-Density Residential Site Area: 6820 square feet Site Description: Level site with single family residence, detached five-car garage and heritage Avocado tree. The site is bordered by Medium Density and Medium-High Density residential development on three sides. Architectural/Historical Background The property is located one block south of Mitchell Park and two blocks north of San Luis Obispo's Train Depot in the Old Town Historic District. The building's exact age is unknown, but is estimated to have been built sometime prior to 1915. The house is described as an excellent example of a Neo-Classic Rowhouse, an architectural style popular in San Luis Obispo from 1895 to 1915. The Neo-Classic Rowhouse displays similarities to preceding popular architectural styles: Queen Anne Cottage and Classic Box. The subject property is distinctive because of its architectural ornamentation along the front of the house: Doric columns and detailed wood railing enclosed in the recessed front porch, fish scale shingles in the gabled roof end, detailed molding surrounding the front door's large beveled glass window, and detailing in the top sash of the front window. The property was added to the Master List of Historic Resources in May, 2008, and includes a three-bedroom iOsil_. _ unit and a five-bay garage which crosses the western property line and is t~ - shared with the adjoining property to the west. Also, there is a driveway easement that runs along the west C property line to allow access to the garages and a rear unit on the adjoining property. The applicant -_ _ reported that the property has not been J" - modified since it was built, with the Ornamentation on front of house — _= exception of a laundry room added to the rear of the house sometime after 1926. The applicant purchased the house one year ago for the purposes of restoring a historic home. To date, renovations have included foundation leveling, cross bracing, floor restoration, porch restorations, double hung sash window repairs, wall plastering, plumbing, electrical upgrades, major plumbing fixture renovations, painting, and other interior remodeling. In accordance Cz-z Council Agenda_Report — Mills Act Contract, 1052 Islay Page 3 with the Secretary of the Interior's Standards and adopted Historic Preservation Program Guidelines, the applicants intend to keep the house in its current, but renovated condition. Future renovation plans include: restoration of window screens (fabricated from scratch to match two existing screens), replacement of outdoor concrete flatwork with tinted and historically scored concrete with brick edging, new fencing, irrigation systems, lighting, patio flooring, and installation of native and historically correct landscape materials in the front and side yards. There is a historic Avocado tree at the rear of the property, estimated to be over 100 years old, that the applicant plans to preserve as part of the historical context of the site. In response to the applicant's request, at its July 28, 2008 meeting, the CHC held a public hearing on the property owners' request to enter into a Mills Act Historic Preservation Contract for property located at 1052 Islay Street. The Committee voted 6-0 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 (Attachment 5, CHC Meeting Update). 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. Cz � � Council Agenda Report - Mills Act_Contract, 1052 Islay Page 4 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. Forty historic properties are 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 August 2008, five historic properties have entered into Mills Act contracts, with four 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 (LOSE 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 6, 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. e.z-� Council Agenda Report — Mills Act Contract, 1052 Islay Page 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. FISCAL IMPACT Approval of the agreement will result in a minor decrease in property tax revenue. 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 1052 Islay Street with Michael and Sharon Singleton. This is not preferred since it would deny the property the historical preservation incentives of the Mills Act. ATTACHMENTS 1. Vicinity Map 2. Property Owners' Letter 3. Historic Inventory 4. List of Historic Properties under Mills Act Contracts 5. CHC Meeting Update; July 28, 2008 6. Draft Council Resolution and Mills Act Contract G:ICD-PLAMIDAVIDICHCIMasterLis6CHCMA 78-08(10521slay)_Council CZ s Pro VICINITY MAP 1052 Islay Attachment Z June 3, 2008 City of San Luis Obispo Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 Ref: 1052 Islay Street (The Kaufman House) On behalf of my wife, daughters and myself,we are requesting that our house on 1052 Islay Street be processed fora Mills Act contract for historic preservation.The house has recently been approved and placed on the Master List. This request is the last step in a long process that our family has committed to. We purchased the house one year ago for the purposes of not only creating a home for our family, but also to take on the challenge of restoring a historic home to its original condition. We have already completed two phases of renovation that included foundation leveling, cross bracing, floor restoration, porch restorations,double hung sash window repairs,wall plastering, plumbing, electrical upgrades, major plumbing fixture renovations,painting, and other extensive interior remodeling and renovation. The 1910 house was in reasonably good condition, but needed a great deal of attention. No major changes had been made to the original house and we intend to keep the main house in its current, but renovated condition. We are about to embark on three additional phases of renovation.The first phase is the restoration of all window screens. These will need to be fabricated from scratch to match the two existing screens that still are on the house. The second phase includes the replacement of significant concrete flatwork including the driveway, rear yard parking area, walkways and curb and gutter. Immediately following those improvements,we intend to install new fencing in the back yard and side yard, irrigation systems, lighting, overhead, patio flooring,and new plant material. We will be preserving the Avocado since it is part of the history of the site. A few other mature species will also be preserved such as some tree ferns and the tall Yucca out in the frontyard. Our renovations have been costly and we would appreciate any assistance that can be afforded from the Mills Act. We have read the boiler-plate contract agreements and are happy to abide by its conditions. Please accept this letter, application and exhibits as our request to process the Mills Act contract as soon as possible. Sincerely, 9 Michael Singleton G 2- //7 City of San Luis Obispo Attachment 3 Reference No. . Name HOIL`( Photo No. Phone5` 1 Direction 0L- Date Parcel No. Time Spent -40 yhiti, Evaluation Score Reviewed by . Evaluated by Location A1ap ARCI IMCTURAL 1VORKS = 1. 'Address 2. 'Building Shape: Rectangular L-Shape Other 3. Stories: 1 _� 2 3 Other 4. Roof Shape: Gable ✓� Hipped r Flat Gambrel False Front- Bell Cast Hipped Other 5. Roof Pitch: Low a Medium' High ` Flat Red Tile 6. Roof Material : Tile Built= Conmosi ion (Gravel) Wood Shingle Composition Shingle Other 7. Eaves: Close Projecting ✓ None 8. Roof Trim: (a) Gable End: Projecting Roof Edge ✓ Cornice Bargeboard Parapet Mission Style Decorated (b) Special Features: Cupola Finial Gingerbread Widow's Walk Pendant Ornaments Grill Work Pediment Gable Stickwork 9. Dormer: Gable Gable with Overhand Other 10. Siding: Clapboard Shiplap Shingle Plaster or Stucco Brick Other 11 . Window Shape: Rectangular Semicircular Top Round Oval Gothic Carved Bay 12. Window Surrounding Details: / (a) Top: Plain Victorian Trim Shelf Molded Other (b) Sides :. Plain Molded Other Attachment 3 1.3. Window Opening: Double Hung. Casement Fixed Other 14. Other Window Details: Quarterfoile Stained Glass Queen Anne Mullions / Other 15. Doorway Location: Center Off Center 16. Doorway Opening Shape: Flat / Other 17. Doorway Type: 18. Door Glazing: Glass Etched or. Frosted Stained Beveled 19. Door Surrounding Detail : Top: Plain Molding Victorian Trim Molded Trim Shelf ✓ Other Sides: Plain Molded Trim Other 20. Porch: Stoop Open ' Closed Other 21 . Additional Features: Chimney Tower or Turret Decorated Pediment Other 22. Ornamentation (Spec.ify Location) : Spindle & S ool ✓ Gable Ornaments Stickwork Fishscaling : RhwOther 23. Architectural Style(s) : List predominant style and, if applicable, secondary styles NEo COLOAJUIL, 24. Describe the present physical appearance of the structure in standard architectural terms. THF. tZOcJOE.NCE /tT (o5Z 15 A 5tNGL E� 5To(z4 WAD F P- l-M-f HOCTsE WITH A (,20C r4b)6uIL.Af- ROOT-" tS C9RG r:J✓ XSW 'fi-f: f9o9T C -rHr,- Hopi`- -TTiEf'r i2(r�oc 15 I(�Psj-';0,U sH, I�1WP�:1U.:SP- se, ;'"r-y ��P i�o� s�Di NCS• . �1 /�. 1 7flu t�✓ rj OU5Yi i�rC✓ SV � C 0--0J)\3! ���1� ✓. �I Y�'f !ii� o t �. F-lI� Trt`J� e, ��o� . 'C�-4(s 1,5; '9 AND rA Eii-,H SII . 'OF �oNT FPP-cH is P€C� z© itrrc oN� sc OF 'THS Hou,; �Nr ELL) IT THI; X70_ H PAIL ,ING 'roKtJEC> WoOG sU1 ofZTS. _7HE l—/�� Pove L - HUNG UJ/ I M;oiiJ LH,' LOWS -F witiro w t-tA-s TgAC O�` ON —tH= 1,)?A, /A AT -TH- LIOP-AIFi'c DF" 7 t HOUR• TNS �oi��tir�r,_.;; ,;J "'lot 7 :.�,1_J. �z_9: Attachment 4 4s`4i'1.7''IPrhkrr Jgl city of . San tins OBISp0 List of Historic Properties Under Mills Act Contracts Updated August 11, 2008 Note: Property Ownership may not be current Propggy0wner 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 d z�� Attachment 4 Mills Act Properties, 8/11/08 Page 2 Property Owner Address Historic Name 19. Sani Javad 1212 Garden McCaffrey House 20. David Harmings 642 Monterey Hays/Latimer-Adobe 21. Steven and Ilene Sicanoff 1720 Johnson The Judge's House 22. Gordon and Deanne Oliver 1428 Nipomo Rogers/Sander-cock House 23. Richard and Adian Lenz 559 Pismo Biddle House 24. Vince Fonte, Rob Rossi, 1314 Palm Righerd House Brendan McAdams 25. Russell and Rea Berg 1306 NO 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. Pierre and Tem Rademaker 1333 Mill Street Burch House 35. James and Diane Duenow 1443 Osos Street Avila House 36. Stephen Linder and Cynthia Semel 1429 Osos Street Frank Campbell Mitchell House 37. Michael and Sharon Singleton 1052 Islay Street Kaufman.House (pending CC approval) Attachment 4 Mills Act Properties, 8/11/08 Page 3 38. Carolyn Quaglino 1546 Chorro Street Fleuger House (pending CC approval] 39. Dora Drexler,Et.Al. 1460 Mill Street Mugler House (pending CC approval) 40. Jennifer Blomfield 785 Buchon Marshall House (pending CC approval) g/cd-pbn/jhook/ni&act/list of mills act properties8-11-08 6 �9—/o2— Meeting Update Attachment 5 San Luis Obispo Cultural Heritage Committee July 28, 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. Committee Member Fowler was absent. STAFF: Phil Dunsmore, Associate Planner, Jeff Hook, Senior Planner PUBLIC COMMENT: There was no public comment. MINUTES: Minutes of June 23, 2008, regular meeting. Minutes were approved as amended. PUBLIC HEARING ITEMS: 1. 1052 Islay Street. CHCMA 78-08; Request for Mills Act contract for the historic Kaufman House located in the Old Town Historic District; R-3-H zone; Michael Singleton, applicant. (James David) Jeff Hook presented the staff report and recommended that the Committee forward a recommendation to the City Council to approve the applicant's request to be part of the Mills Act Historic Preservation program and to endorse the attached draft Mills Act Contract. He explained that this would be the eighth building considered fora Mills Act contract this year. There was no public comment. On a motion by Committee Member Landwehr, seconded by Committee Member Davis, the Committee voted 6:0 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 to endorse the draft Mills Act Contract. 2. 0 Isla Street. ARCMI 73-08; Review of second-story addition to a Contri mg His R property in the Old Town Historic District; R-2-H zone; Ma rondin, applicant. ames David) Phil Dunsmore presente a staff report recommending Committee determine that the proposed remodel is conn t with the Histori reservation Program Guidelines and General Plan Policies reg ar i e c truction for historic buildings and in historic districts, and recommend the nity Development Director conditionally approve the project as Minor or l dental. owed slides of the property and summarized the recommende roval conditions. During the public he ng, several neighbors spoke in support of the cts. Committ embers generally supported the project, and on a motion by Co ttee Me er Crotser, seconded by Committee Member Davis, the Committee voted 6:0 c ,7-,-13 � ATTACHMENT Zo RESOLUTION NO. (2008 Series) A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND MICHAEL AND SHARON SINGLETON,OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1052 ISLAY 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 003-544-016, located at 1052 Islay Street, San Luis Obispo, California 93401, also described as the Kaufman 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. seq. of the Revenue and Taxation Code; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on July 28, 2008 to consider a request by Michael and Sharon Singleton, owners of 1052 Islay Street; and WHEREAS, the City Council has considered the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and the City's Historical Preservation Program Guidelines. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: c��y Attachment 6 Council Resolution No.XXXX(2008 Series) SECTION 1. Findings. The City Council makes the following 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 Kazan House, located at 1052 Islay 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. 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 vote: AYES: NOES: ABSENT: The foregoing Resolution was adopted this , 2008. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk P DIST F ' f' J a an Lowell, City Attorney ��is Attachment 6 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1052 ISLAY STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this 11-111 day of ycs4" , 2008, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Michael and Sharon Singleton (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 tile work, 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 cancelled 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 '/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. 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 cancelled 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 1052 Islay 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 p� Attachment 6 To Owners: Michael and Sharon Singleton 1052 Islay 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 caused 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 whether 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 affected 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 Mi el � n on Date Sharon Singleton 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. Attachment 6 EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1052 ISLAY 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 1052 Islay 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 ten (10) years from the contract date. 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. Demolish and replace the 9' x 130' driveway with a new double aisle and gravel-filled median concrete driveway (10' x 125') with tinted and historically scored concrete with brick edging. 2. Replace portions of the sidewalk leading to the house with a tinted and historically scored walkway with brick edging. 3. Replace fence to match historic character on shared property line with the Adriance Court property. 4. Install irrigation system. 5. Install native and historically correct landscape materials in the front and side yards. 6. Install wood and lath fence in backyard. 7. Reconfigure backyard and parking area to increase root zone and water infiltration for historic Avocado. 8. Construct a new brick on sand patio and wood overhead in backyard, to the satisfaction of the Community Development Director. 9. Reconstruct wood screens using replica hardware for all windows. 10. Replace/rebuild balustrade railing around the front porch. 11. Restore and stabilize fireplace and chimney, to the satisfaction of the Community Development Director. 12. 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 li 0 =le ate Sharon Singleton Date