HomeMy WebLinkAbout06/02/2009, C2 - NOMINATION OF CONTRIBUTING HISTORIC PROPERTY TO THE MASTER LIST OF HISTORIC RESOURCES AND APPROVAL council
CITY O F SAN LUIS O B I S P O
FROM: John Mandeville,.Director of Community Development.
Prepared By: Brian Leveille, Associate Planner
SUBJECT: NOMINATION OF CONTRIBUTING HISTORIC PROPERTY TO THE MASTER
LIST OF HISTORIC RESOURCES AND APPROVAL OF MILLS ACT CONTRACT
FOR THE PROPERTY AT 375 CHORRO STREET (CHC 21-09).
CAO RECOMMENDATION:
As recommended by the Cultural Heritage Committee:.
1. Adopt a resolution placing the property at 375 Chorro Street on the City's Master List of
Historic Resources with the historic name, "Chris Anholm House".
2. Adopt a resolution approving a Mills Act contract for the historic Chris Anholm House at 375
Chorro Street.
DISCUSSION
Advisory Body Recommendation
At its April 27, 2009, public hearing, the Cultural Heritage Committee voted 6-1 to recommend the
City Council place the property at 375 Mill Street on the Master List of Historic Resources (Vicinity
Map-Attachment 1) and approve a Mills Act contract for the historic Chris Anholm House (Meeting
Minutes -Attachment 2). The CHC also found(6-1 vote)the applicant's proposed addition and remodel
of the structure consistent with Historic Preservation Guidelines.
Background
In December 2000, the City Council approved the Mills Act Program as an on-going historic
preservation program and allowed up to 10 additional historic properties to be included in the program
annually. So far this year, one property has been approved for a Mills Act Contract (Maino House,
1424 Mill Street). 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
one historic properties are already benefiting from the program and realizing property tax reductions of
up to 50 percent (see attached list). The City recently received a request by the owners of the property
at 375 Chorro Street to be included in the Mills Act program. In order fora property to be eligible for
the Mills Act Program it must be on the City's Master List of Historic Resources. For the property to
qualify for nomination to the Master List of Historic Resources, it must meet at least one of the criteria
from Appendix C of the Historic Preservation Guidelines.
City Council Staff Report
375 Chorro Street
Page 2
CHC Review
The CHC evaluated whether the property merits listing on the Master List of Historic Resources based
on eight main categories of criteria contained in the Historic Preservation Guidelines. As stated above,
only one of the criteria needs to be satisfied for the property to be eligible.The CHC found the property
merited listing based on the criteria of Historical Persons (eligibility criteria VI), Historic Event
(eligibility criteria VII), and Historic Context (eligibility criteria VQ and the property was found
significant under criteria one and two of the California Public Resources Code since it is associated
with the lives of persons important in the City's past.
The CHC also evaluated the Applicant§ proposed addition and remodel project. The Applicant is
proposing to remove the two-story"flat topped" addition from the 1950's and to demolish the shed and
two-car garage built in the late 1970's. The applicant is proposing a two-story addition at the rear of the
structure and single level addition along the north side of the building. Along the front fagade, the
applicant is proposing to return the structure more closely to its 1920's era configuration by removing
the small centered porch cover and concrete entry steps added in the mid 1930's to open up the original
porch area as seen in the below 1920's era historical photograph.
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Figure I(above). Historic photo of Chris Anholm house
circa 1920
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Figure 2. Proposed front elevation
City Council Staff Report
375 Chorro Street
Page 3
The applicant intends to salvage and re-use original materials wherever possible. Exterior detailing and
knee braces will be repaired or re-built to match the original features. Existing windows which are
original will be restored and re-installed. Windows at the front elevation will be built to match the
historic photographs and will have true divided muntins. All trims and sills along the front facade will
match those seen in historic photographs. The CHC supported the additions and remodel and added a
condition that the Mills Act Contract include provisions to require proper implementation of the CHC
approved design.
Property Description
Address: 375 Chorro Street
Historic Name: Chris Anholm House
Owner: Michael and Theresa Mulvihill
Current Use: Residential
Zoning: R-1 (Single-Family Residential)
Status: Added to the Contributing List of Historic Resources in 1999.
ArchitecturaUHistorical Background
The house was constructed by Chris Anholm in 1919-1920, and originally was located farther back on
the lot and faced due east. The house is a craftsman bungalow farmhouse and is the only building
remaining from the time prior to the development of the Anholm Addition within the tract. Chris and
George Anholm purchased the Venable Ranch in 1918 and were the original subdividers of the
Anholm Tract. As the Anholm Tract was laid out, the Anholm House was repositioned to face Chorro
Street to make room for development. The Anholm name first arrived in the 1880's and the Anholms
made a significant contribution in the development of the City as the original developers of the
Anholm addition which comprises the neighborhoods in the vicinity of Chorro Street from north of the
freeway to just south of Foothill Boulevard. The Chris Anholm House is in a central location in the
area of the Anholm Addition and is the only remaining structure within the Anholm Addition that
exists from a time prior to the development of the Anholm Addition that began in the 1930's.
Mills Act Contracts
Historic Preservation is an important goal of the City's General Plan. By providing a financial
incentive, the Mills Act Program is one of the most effective preservation tools available to achieve
these goals and encourage the preservation of historic buildings. Commercial and residential properties
on the Master List of Historic Resources are eligible for the program. Mills Act contracts are prepared
using standard language provided by the State Historic Preservation Office. Standard features of the
contracts include:
1. The County Tax Assessor assesses the historic property's value using a"Capitalization of Income"
method. This assessment method can often result in significant property tax savings, particularly
for properties acquired after the 1990s. If the contract is canceled, the assessment is gradually
increased to market value basis over the remaining contract term.
C a -3
City Council Staff Report
375 Chorro Street
Page 4
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 one-year terms, so there is always 10 years remaining on the contract until the owner or
City decides not to renew the contract. Once written notice of non-renewal is given, the contract
will remain in effect for the balance of the term remaining since the original contract execution or
since the last renewal date, as the case may be. The agreement may be amended by mutual consent
of the City and property owner.
5. Building changes are possible under the contract; however changes must comply with all City
requirements and with the Secretary of the Interior's Standards for Historic Preservation Projects,
with the guiding objective being the preservation of the building's original historical character and
significance.
Applicant's Intended List of Improvements
The applicant is requesting to be part of the Mills Act Program to complete repairs and restoration of
the building, and to provide for ongoing maintenance and preservation. To provide for continued
preservation and restoration of the proposed "Chris Anholm House" the applicant has proposed the
following list of improvements:
1. Repair of the existing foundation.
2. Preservation of the existing wood structure at historic portions of the project.
3. Preservation of existing historic windows and siding materials.
4. Reconstruction of the original structure for seismic upgrades.
5. New underground electric service to eliminate the overhead drop on the front fagade.
6. Installation of residential fire sprinkler system to protect structure from fire.
7. Installation and maintenance of historic planting plan on property and along the public
right-of-way.
8. Historic plaque installation and maintenance.
9. Periodic exterior painting to maintain appearance.
10. Construction of all planned exterior renovations and additions shall be completed in
conformance with CHC approved plans.
These repairs would help ensure the building's long term preservation and are consistent with the
program's guidelines.
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City Council Staff Report
375 Chorro Street
Page 5
FISCAL IMPACT
Approval of the agreement will not have a significant fiscal impact. It will result in a minor decrease in
property tax collected by the County and passed through to the City. For example, in the 2008-2009
tax year staff determined that the 31 properties then under Mills Act contracts would.reduce that year's.
city property tax revenue from the previous year by$24,200,or about$780 per property.
ATTACHMENTS
1. Vicinity Map
2. Applicant's project description
3. Cultural Heritage Committee Minutes,April 27, 2009
4. List of Historic Properties under Mills Act Contracts
5. Draft Council Resolution and Mills Act Contract
g/cdpbWb1eveillr/Mi11sANCHCMA 21-09(375 Chorro)/CHCMA21-09(375 Chorro)CCRepomdoc
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VICINITY MAp File No. 21 =09
If Attachment 2
Project Description for the
Chris Anholm House
375 Chorro Street, San Luis Obispo
----------
- -- - ------------
Overview
The Chris Anhohn House Restoration Project is a complete restoration of the single family residence at
375 Chorro Street. It is the intent of the project owners to remove portions of the existing structure
that are non-historic and non-compatible with the original structure, to make significant repairs to the
historic structure, and to add new elements and areas to the historic structure that are architecturally
compatible and meet the owner's programmatic needs. The goal is to list the project as a master list
property and to enter into a Mill's Act Contract for preservation.
History
The property is currently listed as historically contributing to the City of San Luis Obispo. The Owner
has hired Betsy Bertrando of Bertrando & Bertrando Research Consultants to investigate the historical
significance of the structure and her report is attached with this submittal information. In conclusion,
Bertrando identifies as the structure as "eligible for the City of San Luis Obispo's Master List of
Historic Properties."
In addition to the report prepared by Bertrando, significant historical photographs have been found and
provided to the Planning Department. These photographs have provided a valuable record of the
original house style and have been used as a guideline for the new work. Specifically, window styling
and porch detailing will match the original house.
r.
Southerly elevation, circa 1930,in current location
East elevation, circa 1920
C
Attachment 2
Exterior Scope of Work
The project scope is to remodel a 1920's era house into a 2009 era house, while retaining the 1920's
charm. As a significant structure, exterior changes from the public way have been carefully thought
out to present a face that is near the original house in materials and character. Where changes have
been made, care has been used to ensure compatibility with the architectural style and the original
design.
Historic Wood Siding and Detailing
Much of the original wood siding can be salvaged and re-used for the project. The owner has made
salvage and re-use a priority within the development of the project. Where new materials are
needed, matching materials will be utilized. Exterior detailing including trims and knee-braces will
be repaired or re-built to match the original structure.
Historic Windows
Some of the existing windows appear to be original. These windows will be restored to original
condition and re-installed. Specifically, the matching triple-window sets will be relocated to the
orange tree courtyard. The double-hung pair on the north face will be restored and relocated to the
north face of the lower level bedroom.
New windows at the front elevation will match the historic photographs and the two salvaged
windows in look, but will have dual pane insulating glass and true divided muntins. All trims and
sills will match the historic photographs.
Historic Roofing
The original roofing was cedar shingles, still evident from the attic. This project proposes that new
fire-retardant cedar shingles be installed to meet the historic intent of the residence. Building
Department staff has noted that this is possible under existing ordinance provided a Class-A roof is
provided under the shingles.
Front Porch
As was suspected, and confirmed by the found photographs, the front porch was originally open to
the exterior, then enclosed, probably when the house was relocated in the late 1920's. With this
restoration, the porch will be re-opened to the exterior, creating a sitting area overlooking Chorro
Street.
The existing entry dormer and concrete stairs that appear to be circa 1935 will be removed and
replaced to match the original style found in the oldest photograph.
Roof Dormer
Historic photographs appear to show an original dormer on the southerly side of the original roof.
As there is no evidence of an original second floor, it seems the dormer was probably some type of
attic vent or allowed light into the attic. This project expands the dormer to both sides of the roof
and clarifies its use to allow light and air into the center of the house. Care has been used to keep
the low proportion of the original dormer. Windows at the dormer will match the style of the
existing dormer windows.
Addition Areas
On the northerly side of the house, a single-level addition is proposed to meet the owner's
programmatic needs. To minimize the impact to the street fagade, this addition.has been set back
from the front face, cast in shadow with a front porch, and is partially hidden by the existing large
trees. The roof has been changed to a"Dutch hip"to reduce the overall mass of this addition.
Ca -8'
Attachment 2
The rear two-story addition is proposed to replace the existing flat-topped box addition of the
1950's. The net new area for all additions is 1,067 square feet. The total lot coverage is 28.9%,
where 40% is allowed.
Garage
The existing flat-topped, two-car garage will be removed and replaced with a style compatible
single-car detached garage. A variance from the "Deep Driveway" section of the City standard is
requested with the note that the existing garage already exceeds the standard. Additionally,
creating a tum-around at the rear of the property would not be consistent with the historic nature of
the property.
Interior Scope of Work
The entire interior will be rebuilt to new standards (building, mechanical, plumbing, electrical, and
energy standards).
"Green Building"
The Owners have directed the design team and Builder to use sustainable practices where practical.
The re-use and repair of the existing building is in itself a sustainable practice. Building materials will
be salvaged and re-used where possible. Additionally, the current design utilizes high-efficiency
boilers for radiant floor heating, high R-value insulation, low-E glazing, and high-efficiency
appliances.
Right of Way Scope of Work
Two existing Camphor trees are growing into the existing street gutter. Public Works staff and
Planning Staff are working toward a solution that can protect the trees and meet City Standards for
curb replacement.
A new driveway cut and approach will be constructed. This project proposes a 2' wide slope transition
on either side (rather than the City Standard 3') to limit the impact on the existing Camphor. The
driveway pan will be 10' wide. This driveway and adjacent sidewalk will be constructed to meet ADA
cross slope requirements per City Standard. Approximately 30' of new sidewalk is proposed to repair
damaged portions and meet City Standards.
A new electrical service will be installed under Chorro Street, eliminating the overhead utility drop.
New sewer laterals and capping of old connections will be completed to City Standards.
Variance from City Standards
Request is made to vary from the City Standard for the following items:
Deep Driveway:
This project incorporates a"Deep Driveway"without a turnaround as outlined in the Parking Standard.
This is consistent with the current garage and site layout and compatible with the historic nature of the
site. A house from the 20's would not have had a paved area to turn around the horse and carriage:
Driveway Approach:
This project incorporates 2' wide side flares at the new driveway pan to limit adverse impacts on the
heritage Camphor tree in the right-of-way.
Attachment 2
Mills Act
Property tax savings from the Mills Act Contract will be used for the following items:
1. Repair of the existing foundation to support the structure.
. 2. Preservation of the existing wood structure at historic portions of the project.
3. Preservation of the existing historic windows and siding materials.
4. Reconstruction of the original structure for seismic upgrades.
5. New underground electric service to eliminate the overhead drop on the front fagade.
6. Installation of residential fire sprinkler system to protect structure from fire.
7. Landscape maintenance along the public way.
8. Historic plaque installation and maintenance.
9. Periodic exterior painting to maintain appearance.
Ca-/o
Draft CHC Minutes �' �- Attachment 3
April 27,2009
Page 3
\� B
ember Oliveira requested information, referenced in the Staff rep and
to the Bertando Group, to determine substantial change of design ver time
roject. Staff replied with information from the report provided the ommittee.
n Fowler suggested that the report referencing of histori resources on site
tr g possibility and should be monitored through a direction of the
e.e no furt r comments made from the Committe .b Vice Cha' Crotser seconded b Com ttee Member Davis
recommendinQ to deteftine the proposed addition.. sub'ect to .the .recommended
conditions of approval, ar consistent with Hi ric Preservation Pro-dram
ram Guidelines
and the Secreta of the Inte is Standards r Treatment of Historic Properties, based
on findings and sub'ect to con ' 'ons. An ditional condition should be added for the
porch brackets to be further reseakhed the facade of the building.
Comm. Member Carpenter noted co a for the new building with the garage..
Comm. Member Miller does not upport the o.ect as presented. He noted concern for
the size of the addition and th oss of integrity..
Comm. Member Breska es not support the proje as presented. She noted concern
for the scale and the g ge door.
Comm. Member D is noted concern for the artifacts on s' a and adequate controls to
present.
AYES: ommittee Members Dan Carpenter, Katy Davis, Jeff Oliveira, Chuck
Crotser, and John Fowler
NOES: Committee Member Dean Miller and Barbara Breska
REC ED: None
AB NT: None
he motion passed on a 5:2 vote.
2. 375 Chorro Street. CHC 21-09; Review of proposed remodel and addition,
request for nomination to Master List of Historic Resources, and request to enter
into a Mills Act Historic Preservation contract; R-1 zone; Michael Mulvihill,
applicant. (Brian Leveille)
Brian Leveille, Associate Planner, presented the staff report, recommending the
Community Development.Director approve the proposed remodel and addition, and that
the CHC recommend the City Council approve the nomination of the property to the
Master List of Historic Resources and enter into a Mills Act historic preservation
contract, based on findings and subject to conditions which he outlined.
C� -11
Attachment 3
Draft CHC Minutes
April 27, 2009
Page 4
Vice Chair Crotser requested clarification on the number of Mills Act applications
received this year. Staff replied that this was the second Mills Act Contract of the year.
Comm. Member Oliveira requested clarification regarding the applicant requirements
and benefits for Mills Act approval. Staff provided clarification. Mr. Oliveira inquired as
to whether every item in the list of improvements in the contract need to be completed
within the ten year time frame.
Comm. Member Oliveira requested clarification on who monitors the Mills Act items to
be completed. Staff noted that there are periodic check ups on Mills Act Contract
properties.
Comm. Member Miller supported the design but noted concern that the project may not
qualify for the Master List of Historic Resources.
Vice Chair Crotser asked if the Mills Act approval could be tied to the renovation
proposed. Staff replied that with direction from the Committee this would be a
possibility.
Greg Wynn, Applicant Representative, thanked the staff for their work and indicated it
would not be a problem to tie the proposed renovation project to the Mills Act Contract.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMITTEE COMMENTS:
Comm. Member Oliveira requested information on the Creek located on site. Staff
replied with information on the site.
Comm. Member Carpenter requested information on landscaping. Mr. Wynn provided
clarification on landscaping for the site and the efforts to ensure preservation of existing
trees along the project frontage.
There were no further comments made from the Committee.
On motion, by Vice Chair Crotser seconded by Committee Member-Davis, to strike the
last line of the recommendation and approve the Mills Act preservation, support the
nomination of the Master List of Historic Resources and require staff to consult with
Bertrando and Bertrando Consultants to determine if archaeological studies are
required prior to final approval of the architectural review.
AYES: Committee Members Dan Carpenter, Katy Davis, Jeff Oliveira, Chuck
Crotser, and John Fowler
NOES: Comm. Member Dean Miller
RECUSED: None
ABSENT: None
Draft CHC Minutes
Attachment 3
April 27,2009
Page 5
The motion passed on a 6:1 vote.
On motion by Vice Chair Crotser, seconded. by Committee Member Breska, to
recommend the City Council approve the Mills Act. Historic Preservation Contract. as
proposed in the Staff recommendation with the added condition that implementation of
the Mills Act Contract be tied to construction in full conformance with the CHC-approved
design.
AYES: Committee Members Dan Carpenter, Katy Davis, Jeff Oliveira, Chuck
Crotser, and John Fowler
NOES: Member Dean Miller
RECUSED: None
ABSENT: None
e motion passed on a 6:1 vote.
Commi had a break from 7:20 p.m. to 7:30 p.m/properties
3. Ci -Wide. PI 1.65-08; Re-consideration of nos located at 743,
796, and 797 dill Street, 778 Francis Avenue63, and 2691
Victoria Avenue, 0 McMillan Street, and 753 et to theContributing Propertie ist of Historic Resourction of removing
properties located at 750 56 Woodbridge reet from the Contributing
Properties List of Historic Res rces: Draft/South Broad Street Corridor Plan Area
Historic Resources; City of San L ' Ob" po, applicant. (Continued from the
February 23, 2009, CHC Meeting) ( Hook)
Jeff Hook, Senior Planner, presented a staff re rt, recommending the following:
1. Recommend the City Co cil add properties to ted at 750 and 756 Woodbridge
are non-contributing d recommend the City ncil remove them from the
Contributing Prope ist; and
2. Determine the ouses located at 750 and 756 Woodbrid are non-contributing
and recomm nd the City Council remove them from the tributing Property
List of Hist ric Resources.
Comm. Me er Carpenter asked for clarification on the correlation betwe the Broad
Street Pla and determination of Contributing Properties being considered. S ff replied
that the was a correlation but that this project would have been brought for Co mittee
consi ration.
ce Chair Crotser asked if it would be possible for owners to apply for inclusion after
the Broad Street Plan was completed in the event the committee decided not to include
any properties tonight. Staff replied that this was a possibility.
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Attachment 5
RESOLUTION NO. #### (2009 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ADDING
PROPERTY LOCATED AT 375 CHORRO STREET TO THE MASTER LIST OF
HISTORIC RESOURCES AND 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 MICHAEL AND THERESA MULVIIIILL,
OWNERS OF A DESIGNATED HISTORIC RESOURCE
AT 375 CHORRO STREET,SAN LUIS OBISPO.
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources", and in 1986 adopted Resolution No. 6097 establishing
Historical Preservation Guidelines, including procedures for adding properties to the listing; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on April 27, 2009, to consider a request by Theresa and Michael Mulvihill, owners
at 375 Chorro Street, to add said property to the Master List of Historic Resources and enter into a
Mills Act historic property preservation agreement; and
WHEREAS, the Cultural Heritage Committee reviewed the historical documentation on
the property and recommended that the City Council add the property to the Master List and
approve a Mills Act contract; and
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 City Council of the City of San Luis Obispo has designated this property
as a historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WIIEREAS, 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.
�a -�7
Attachment 5
Resolution No.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
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 Chris Anholm House, located at 375 Chotro 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 historic preservation agreement between the City of San Luis Obispo and the owners, Michael
and Theresa Mulvihill.
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
enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of
the County Recorder of the County of San Luis Obispo.
Upon motion of seconded by and on the following roll call
vote:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this , 2008.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
Attachment 5
Resolution No.####
APPROVED:
Jokathprtowell, City Attorney
Attachment 5
Resolution No.
EXHIBIT A
LEGAL DESCRIPTION OF LISTED HISTORIC PROPERTY
Following is the legal description of the property added to the City of San Luis Obispo's
Master List of Historic Resources,by City Council Resolution No.#### (2009 Series):
375 Chon-o Street, San Luis Obispo, California. (Historic Name: "Chris Anholm House")
City of San Luis Obispo,Block 7, Portion of Lot 3 (Assessor's Parcel Number
001-184-011). Owners: Michael and Theresa Mulvihill
Attachment 5
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY
LOCATED AT 375 CHORRO 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 Michael
Mulvihill and Theresa Mulvihill (hereinafter referred to as "Owners"), and collectively referred to as the
"parties."
Section 1. Description of Preservation Measures. The owner, her heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvements measures
for the historic Chris Anholm residence, located at the front of the lot as 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.
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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.
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.
L 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
(.a -aa
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states that the fee shall be 12 '/z% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
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
375 Chorro Street, San Luis Obispo, California, Assessors Parcel Number 001-184011, 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.
Attachment 5
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owners: Michael.Mulvihill
Theresa Mulvihill
375 Chotro Street
San Luis Obispo, CA 93405
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.
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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.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties 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 Owner have executed this agreement on the day and
year written above.
OWNERS
Michael Mulvihill Date
Theresa Mulvihill Date
CITY OF SAN LUIS OBISPO
Mayor David F. Romero Date
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jo an Lowell, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
ea C.s
Attachment 5
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 375 CHORRO 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 375 Chorro 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 limited to
the main Chris Anholm House residential structure located at the front of the lot and at all times be
consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's
Standards for the Treatment of Historic Properties:
a) Repair of the existing foundation.
b) Preservation of the existing wood structure at historic portions of the project.
c) Preservation of existing historic windows and siding materials.
d) Reconstruction of the original structure for seismic upgrades.
e) New underground electric service to eliminate the overhead drop on the front fagade.
f) Installation of residential fire sprinkler system to protect structure from fire.
g) Installation and maintenance of landscaping on property and along the public right-of-
way.
h) Historic plaque installation and maintenance.
i) Periodic exterior painting to maintain appearance.
j) Construction of all planned exterior renovations and additions shall be completed in
conformance with CHC approved plans.
OWNERS
Michael Mulvihill Date
Theresa Mulvihill Date
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