HomeMy WebLinkAbout01/06/2009, C2 - RECOMMENDATION TO APPROVE A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1424 M Council M-0,`7//,/ o
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C I TY OF SAN L U IS O B I S P O
FROM: John Mandeville, Community Development Dire
Prepared By: Tyler Corey, Associate Planner
SUBJECT: RECOMMENDATION TO APPROVE A MILLS ACT HISTORIC
PRESERVATION CONTRACT FOR PROPERTY LOCATED AT 1424
MILL STREET WITH CONRAD YOUNG.
RECOMMENDATION:
As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills
Act Historic Preservation Contract for property located at 1424 Mill Street.
DISCUSSION
Background
The property owner of 1424 Mill Street (Attachment 1, Vicinity Map) has requested that his
property be approved for a Mills Act Historic Preservation Contract. The property is already on
the Master List of
Historic Resources, t^ ;
designated the "Maim 7
;sem;" " � ~
^ `
House". A request for ;. " d " �._�` Y
a Mills Act Contract
requires a public 5
hearing before the
CHC, recommendation
to the City Council and
Councilapproval. To
qualify for the Mills Act 's_ _;— — �w� " • � '" ;"
program, the property ,a b
must be on the Master ;°
List of Historic
Resources. w. Ar
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 recommend the City Council approve the applicant's request to be part of the
Mills Act program and attached draft Mills Act contract.
e -
Council Agenda Report—CHCMA 124-08
January 6,2009
Page 2
Date Summary
Address: 1424 Mill Street
Applicant: Conrad Young
Zoning: R-2 (Medium-Density Residential)
General Plan: Medium-Density Residential
Site Area: Approximately 26,600 square feet
Status: Added to the Master List of Historic Resources in August, 1983.
Architectural and Historical Information
The property is included in the Master List of Historic Resources and located on the northerly
side of Mill Street between Pepper Street and California Boulevard. This two-story
Mediterranean architectural style structure is setback approximately 75 feet from Mill Street and
is well hidden by mature trees and
shrubs. The doors and windows on the
front elevation are placed
symmetrically, but the front door is to f_. s
the side. Two sets of French doors are
located in the center and on the right
side of the front elevation. All {
windows have fixed wood shutters.
The structure has a clay mansard roof
and stucco exterior.`
Three generations of San Luis
Obispo's pioneer family, the Mainos, u-
have lived in the residence. The
property has carried three street
r
addresses; 1400, 1414 and currently
1424. The home was designed by the �I s
architectural firm of Abrahms and
Simms of Santa Barbara and built in - F=
1926 on the site of an earlier structure.
Previous owners of the land were the
Hazard family,Joined with the Mainos c; o
through the marriage of Eleanor
Hazard and Theo Maino. Theo was the
son of the construction company founder, Joseph Maino, who came to America in 1877, to San
Luis Obispo in 1881 and built the Carnegie Library, city schools, lighthouses, the first Cal Poly
buildings and the county hospital, as well as numerous commercial buildings and homes
throughout the city.
� a-a
Council Agenda Report—CHCMA 124-08
January 6,2009
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 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.
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. 40 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). This is the first request the City has received to enter into a Mills Act contract this
year. If approved, nine additional contracts will be available for the remainder of the 2009
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
X01-3
Council Agenda Report—CHCMA 124-08
January 6,2009
Page 4
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 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 November 24, 2008 meeting, the CHC held a public hearing on the property owners'
request to add their single-family home at 1424 Mill Street to the Mills Act Historic Preservation
program. The Committee voted 4-1 (Committee members Crotser and Davis were absent and
Miller voted no)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).
Council Agenda Report-CHCMA 124-08
January 6,2009
Page 5
FISCAL IMPACT
Approval of the Mills Act Historic Preservation Contract for the Maino 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 1424 Mill Street with Conrad Young.
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,November 24, 2008
6.. Historic Record
G:\tcorey\CC\CHCMA 124-08(1424 Mill)\CHCMA 124-08(1424 Mill)_Council.doc
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i- -VICINITY MAP CHCMA 124=08i
1� Attachment 2I
CITY Of SAN LUIS OB18PO
MILLS ACT REQUEST LETTER S
MAINO HOUSE EP 12 2008
1424 MILL STREET
COMMUNITY DEVELOPMENT
Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dear Community Development Director:
This letter is to request approval of a Mills Act Contract for my property known locally
as the Maino House , located at 1424 Mill Street. This property is on the City's "Master
List of Historic Resources" and was the ancestral home for generations of the Maino
family. The Mainos construction firm built many of the original buildings in the county,
including the Camegie library, the restored mission, light-houses, and many of the
original buildings at Cal Poly. This house replaced an older frame house that was moved
a block down onto Palm St as the family prospered. The elder Mainos then took a trip to
Italy and returned with sketches of features to be incorporated into the new family home.
A noted Santa Barbara architect., Alan, was retained to design the*house. The Maino
family crest is mounted on the wall above the front terrace. We retain a set of the
original plans.
The house today remains intact, with lush estate plantings. The large redwood tree in the
back was planted when family friends changed the name of their bank from the Bank of
Italy to the present Bank of America.
To visit the grounds and this home is to step back into a gentle time in the 1920's in SLO.
I want to preserve this great example of an early estate in the City, and have attached
several proposed improvements.
Sincerely yours,
Conrad Young
1490 Buckingham Dr.
La Jolla, CA 92037
858-459-4019
Attachment 2
PROPOSED MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1424 MILL STREET, SAN LUIS OBISPO, CALIFORNIA
a. Continue the high level of building and landscape maintenance
b. Repair exterior shutters,stucco, and paint window trim within two years
c. Repair exterior French doors, screen doors,and entry door within three years
d. Replace dead shrubs and trees along street within four years
e. Update electrical wiring for safety within five years
f. Install/replace copper gutters within eight years
g. Repair leaking roof,lower portion, to match existing roof within eight years
h. Replace cracked and unsafe ceramic tile front terrace within ten years
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1 Attachment 3
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Attachment 4
RESOLUTION NO. (2009 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
CONR_AD YOUNG, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1424
MILL 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 owner possess fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel
Number 001-133-015, located at 1424 Mill Street, San Luis Obispo, California 93401, also
described as the Maino 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 owner, 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. sea• of the Revenue
and Taxation Code.
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on November 24, 2008 to consider a request by Conrad Young, owner of 1424
Mill 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:
Ca-I a-
Attachment 4
Y
Council Resolution No.XXXX(2009 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 Maino House, located at 1424 Mill Street, has been recognized as a historic asset in the
community by its designation as a Master List Historic Property. As such, maintaining the
structure will meet the City's goals for historic preservation listed in policies 3.3.1 through
3.3.5 of the Conservation and Open Space Element.
3. The 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 owner,
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�-13
'i
Attachment 4
Council Resolution No. XXXX(2009 Series)
Upon motion of , seconded by and on the following call vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 12009.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
owell, City Attorney
Y
Attachment 4
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1424 MILL
STREET,IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this _ day of 2009, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Conrad
Young (hereinafter referred to as "Owner"),and collectively referred to as the"parties."
Section 1. Description of Preservation Measures. The owner, 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.
r
_ 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.
Ca-/e
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 5.0288.
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
1424 Mill 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 Owner: Conrad Young
1490 Buckingham Drive
La Jolla, CA 92037
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.
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.
CITY OF SAN LUIS OBISPO
Mayor David F. Romero Date
OWNER
Conrad Young Date
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
On this day of 2009, 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 4
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1424
MILL 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 1424 Mill Street. Character-defining features shall include, but are
not limited to: roof; eaves, dormers, trim; porches, walls and siding, architectural detailing, doors and
windows, window screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract,
but in no case later than January 6, 2019, 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. Clean and retain antique clay tiles.
2. Upgrade electrical wiring throughout the house.
3. Repair all exterior French doors, screen doors, front entry door, window shutters and building
stucco. All replacement doors, windows and stucco shall match the architectural design,
colors and materials of the original doors, windows and stucco.
4. Repaint entire exterior of structure. All painted surfaces shall be properly prepared, primed,
and painted with high quality paints.
5. Replace all existing copper gutters on the building and install new copper gutters where
needed. All new gutters shall match the architectural design and materials of the original
gutters.
6. Replace all cracked and unsafe tile work on the front terrace. All replacement tile shall
match the original tile.
7. 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.
OWNER
Conrad Young Date
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- Attachment 5
Meeting Update
CULTURAL HERITAGE COMMITTEE
November 24, 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 Members Crotser and Davis
were absent.
STAFF: Tyler Corey, Associate Planner, Jeff Hook, Senior Planner, Kim Murry;
Deputy Director, Long-Range Planning, and Shelly Stanwyck,
Assistant City Manager
PUBLIC COMMENT: None.
At staff's request, the agenda was modified to move item number 3 to the beginning of
the meeting, since it was intended as a brief presentation item.
PRESENTATION ITEM:
1. 1590 Lizzie Street; 466 Dana Street; and 1341 Purple Sage Lane. GPI 99-08;
Adobes - Presentation regarding process to seek public input regarding priorities
for restoration and possible options/uses for three adobes; R-1 zone; City of San
Luis Obispo, applicant. (Shelly Stanwyck)
Shelly Stanwyck presented.slides summarizing the status of the three City-owned
historic adobes and describing the public outreach process designed to help prioritize
maintenance and preservation actions for the adobes. She explained that a report
would go the Council in January, summarizing public input and requesting Council
direction on the next steps as part of the budget process. After a brief discussion,
Committee members thanked Ms. Stanwyck for her presentation.
PUBLIC HEARING ITEMS:
2. 1424 Mill Street CHCMA 124-08; Request to enter into a Mills Act agreement for
the Historic Maino House; R-2 zone; Conrad Young, applicant. (Tyler Corey)
Tyler Corey showed slides and presented the staff report recommending approval of
the request to add 1424 Mill Street to the Mills Act Program. Property owner Conrad
Young provided historical background on the property. Chairperson Wheeler opened
the public hearing. Doris Drexler, 1460 Mill Street, explained that her property adjoined
Mr. Young's property and noted that a large Redwood tree on the Young's property was
damaging a brick wall that followed their common property line. She recently entered
into a Mills Act contract that required she repair and preserve the wall and asked the
CHC to include repair of the wall as part of the Young's Mills Act contract. Hearing no
_further comment, Chairperson Wheeler closed the public hearing.
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i - Attachmerd 5
CHC Meeting Update, November 24, 2008
Page 2
Committee members felt the wall repairs were a "good neighbor" issue and that the
neighbors could most effectively resolve any cost sharing outside of the Mills Act
program. On a motion by Committee Member Fowler, seconded by Committee Member
Breska, the Committee recommended that the City Council approve the Draft Mills Act
Contract for 1424 Mill Street as attached to the 11/24/08 CHC staff report. The motion
carried, 4:1 (Committee Member Miller voting no).
Committee members asked staff to provide "boilerplate" language to include with Mills
Act Contracts describing what was expected for high-quality building and landscape
maintenance standards.
3. 1118 Palm Street CHC/ARC 36-08; a) Request for property to be included on the
City's Master List of Historic resources; and b) Review plans to add a 2,373 square-
foot addition to accommodate a 15-bed elderly care facility; O zone; Richard and
Jan Carsel; applicants. (Tyler Corey)
Tyler Corey showed slides and presented the staff report recommending approval of
the request to add the property to the Master List of Historic Resources, and to
recommend approval of a 12-bedroom addition to a historic building to accommodate
an elderly care facility. Architect Steve Puglisi and Property Owner Richard Carsel
agreed with the staff recommendations. There was no public comment. After a brief
discussion, the Committee took two actions:
A. Historic Nomination: On a motion by Committee Member Landwehr; seconded by
Committee Member Miller, the Committee voted 5:0 to recommend the City
Council add 1118 Palm Street to the Master List of Historic Resources, subject to
findings:
Findings
1. The property qualifies for nomination to the Master List of Historic Resources
based on Historic Criteria (eligibility criteria 1, ll, Ill, Vl, V11 and Vlll) of the
Historic Preservation Program Guidelines.
2. With nomination to the Master List of Historic Resources, the property located
at 1118 Palm Street has been recognized as a historic asset in the
community. As such, maintaining the structure will meet the City's goals for
historic preservation listed in Conservation and Open Space Element Policies
3.3.1 through 3.3.5.
B. Building Addition: On a motion by Committee Member Fowler, seconded by
Committee Member Miller, the Committee voted 5:0 to recommend the
Architectural Review Commission approve the proposed addition, subject to the
following findings and conditions:
® 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.
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. State of California—The Reso--�s Agency 5 E ry
f
DEPARTMENT OF PARKS AN[ 4REATION HAGS_ HAEfl_ Attachment
UTM: A 10/71320073_
HISTORIC RESOURCES INVENTORY C
IDENTIFICATION
1 1. Common name:
2. Historic name: Maino Hoyle
3. Street or rural address: 1424 brill (1400 Mill)
i
Citi San Luis Obispo Zip 93401 County_ San Luis Obispo
4. Parcel number: 01-133-55
5. Present Owner: M.M. & M.C. Maino Address 1424 Mill
City San Luis Obispo Zio 93401 Ownership is: Public Private k
o. Present Use: sidential
Original use: Residential
DESCRIPTION
7a. Architectural style: Mediterranean
7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its
original condition:
Irregular in plan, this two story structure sits deep in its site. It is
well hidden behind three medium size trees, high bushes and a 60 foot Palm
,�i. ;
tree in front cf the entrance. Doors and windows on the front facade are
placed syr-metrically but the front door is to the side. Ttvo French doors
are located -4- center and on the right side of the front .facade. Windows
resembling French doors have decorative shutters . A clay mansard roof with
a small mansard roof caps the edge of the wood frame structure. Stucco
covers the entire exterior. A fine representative of the Mediterranean style,
the integrity of this structure appears to be intact.
s:
8. Construction date:
Estimated 1 FactuallStJC7_
,i 9. Architect AbY hms n Ci mmc .
Santa Barbara
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10. Builder Unknown
MAIW J CONST _
- - 11. Approx. property size (in feet)
f! Frontage 300' Depth 170'
.I *^
orapprox. acreage
12. Date(s) of enclosed photographs)
-- January 1982
DPR 523 (Rev.4/79) ��-�3
Attachrrlctnt 6
13. Condition`. Excellent Y Good Fair_ Deteriorated No longe in existence
14. Alterations:
15. Surroundings: (Check more than one if necessary) Open land _Scattered buildings_Densely built-up
Residential X_Industrial _Commercial Other:
16. Threats to site: None known X Private development_ Zoning _ Vandalism
Public Works project Other:
17. Is the structure: On its original site? YpC Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.)
Three generations of San Luis Obispo's pioneer construction family, the
Mainos, have been at home on ;`Sill Street. The property has carried three
street addresses: 1400, 1414 and currrently, 1424. Its two story
Mediterranean style home was designed by the architectural firm of Abrahms
and Situps of Santa Barbara and built in the early 1920's on the site of
an earlier structure. Previous owners of the land were the Hazard family,
joined with the Mainos through the marriage of Eleanor hazard and Theo Maino.
Theo was the son of the construction company founder, who came to America in
1877, to San Luis Obispo in 1881 and built the County Hospital, the Library
(now the Historical Museum) and Cal Poly, as well as numerous commercial
buildings and homes throughout the city.
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 -L-Exploration/Settlement
Government Military
Religion Social/Education
21. Sources (List books,documents, surveys,personal interviews
and their it dates)•
Interviews with Maino Family
(June 1983) c
L
22. Date form prepared June 15, .1983
By (name) Historic Res.. Survey Staff R '
Organization City of San Luis Obispo
Address: P.O. Box 321
City San Luis Obispo Zip 93401
Phone: (805) 541-1000
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