HomeMy WebLinkAbout11-23-2015 CHC Agenda PacketCity of San Luis Obispo, Agenda, Cultural Heritage Committee
A G E N D A
San Luis Obispo Cultural Heritage Committee
Council Hearing Room (Room 9)
990 Palm Street, San Luis Obispo
November 23, 2015 Monday 5:30 p.m.
ROLL CALL: Committee Members Sandy Baer, Craig Kincaid, Shannon Larrabee,
James Papp, Leah Walthert, Vice-Chair Thom Brajkovich, and Chair
Jaime Hill
STAFF: Brian Leveille, Senior Planner
PUBLIC COMMENT: At this time, people may address the Committee about items not
on the agenda. Items raised are generally referred to staff and, if action by the
Committee is necessary, may be scheduled for a future meeting.
The action of the CHC is a recommendation to the Community Development Director,
another advisory body, or City Council and, therefore, is not final and cannot be
appealed.
ACCEPTANCE OF AGENDA: Committee or staff may modify the order of items.
MINUTES: Minutes of the September 28, 2015, regular meeting. Approve or amend.
PUBLIC HEARING ITEMS:
1. 1445 Broad Street. HIST-1990-2015; Review of a Mills Act Historic Preservation
Agreement for the Master List Falkenstein House. Action does not constitute a
“project” per CEQA 15378; R-2-H zone; Aline Cullen, applicant. (Walter Oetzell)
2. 535 Islay Street. ARCH-1106-2015; Review of proposed residential unit on a
Master List Historic Property in the Old Town Historic District, with a categorical
exemption (Section 15303 New Construction or Conversion of Small Structures);
R-2-H zone; Gordon & Stacy Edmonds, applicant. (Januar Saptono)
COMMENT AND DISCUSSION:
3. Staff
a. Agenda Forecast
b. Historic District Sign Locations and Master List Historic Property Plaque
Designs
4. Committee
ADJOURNMENT
CULTURAL HERITAGE COMMITTEE AGENDA REPORT
SUBJECT: Review of a draft Mills Act contract for the Master List historic Falkenstein
House.
ADDRESS: 1445 Broad Street BY: Walter Oetzell, Assistant Planner
Phone: 781-7593
E-mail: woetzell@slocity.org
FILE #: HIST-1990-2015 FROM: Brian Leveille, Senior Planner
RECOMMENDATION: Forward a recommendation to the City Council to approve the
applicant’s request to be a part of the Mills Act Historic Preservation program.
SITE DATA
Applicant Aline Cullen
Historic Status Master List Resource
Submittal Date September 10, 2015
Complete Date November 2, 2015
General Plan Medium High Density
Residential
Zoning R-2-H (Medium-Density
Residential with Historic
Preservation Overlay)
Site Area 7,250 sq. ft.
Environmental
Status
Not a Project under CEQA
(CEQA Guidelines §15378)
SUMMARY & COMMITTEE PURVIEW
The owner of the Falkenstein House at 1445 Broad has submitted an application to enter into a
Mills Act historic preservation agreement with the City. The draft Mills Act contract is being
referred to the Cultural Heritage Committee (CHC) for a recommendation prior to Council
action.1
BACKGROUND
Historic preservation is an important goal, as stated in the Conservation and Open Space Element
1 As described in § 14.01.030 (B)(8) of the City’s Historic Preservation Ordinance
Meeting Date: November 23, 2015
Item Number: 1
CHC1 - 1
HIST-1990- -2015 (1445 Broad)
Page 2
(COSE) of the City’s General Plan (COSE § 3.2), and the Mills Act Program is one of the
programs the City uses to achieve this goal (COSE § 3.6.2). Originally begun in 1996 as a pilot
program, the 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. It is one of the most effective preservation tools
available to encourage the preservation of heritage properties by providing a financial incentive.
Participation in the program is limited to properties on the Master List of Historic Resources.
About 51 historic properties currently participate in this program, with the last request approved
by the Council in September, 2014.
Historic Property Contracts are prepared using standard language conforming to the Mills Act
(Govt. Code §§ 50280 – 50290), provided by the State Historic Preservation Office. The
contracts differ substantively only in the description of the historic property and the maintenance
and improvement programs planned by the property owner (Exhibit A of the contract). Standard
features of the contracts include:
Assessment of the value of the historic property’s by County Assessor using a
“Capitalization of Income” method, which can result in significant property tax
savings. If the contract is canceled, the assessment is gradually increased to market
value basis over the remaining ten year contract term.
A commitment by the property owner to preserve the building and to use the tax
savings to maintain and improve the historic building to preserve and enhance its
historical value, exterior appearance, structural condition, and longevity. Each
contract includes an exhibit listing the maintenance and improvement measures to
which the tax savings will be applied.
The contract is recorded, and is binding on subsequent owners, heirs, or assigns until
the agreement is canceled. There is a significant financial penalty if the agreement is
cancelled due to breach of performance.
Mills Act contracts have a minimum 10-year term. The agreement “self-renews”
annually for additional 10-year terms, so 10 years always remaining on the contract
until the owner or City decides not to renew it. Once written notice of cancellation is
given, the contract will remain in effect for the balance of the remaining ten year
term. The agreement may be amended by mutual consent of the City and property
owner.
The structure may be altered under the contract; however alterations 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 long-term
preservation of the building’s original historical character and significance.
CHC1 - 2
HIST-1990- -2015 (1445 Broad)
Page 3
Figure 1: Falkenstein House
Broad Street (east) elevation
SITE INFORMATION2
The property is a 7,250 square-foot parcel at the
northwest corner of Buchon and Broad Streets,
within the Old Town Historic District. The
neighborhood is characterized by single-family
residences, many of which are also listed
historic resources.
The Falkenstein House is a two-story, single-
family residence, built in 1895 for J.J. and
Birdie Falkenstein, owners of the San Luis
Music Company. It is an example of the
Carpenter Gothic style with Victorian
embellishment. The exterior is sheathed in
shiplap siding, and decorated with sunburst
accents, decorated brackets and fascia, window
hoods and ornamentation, and spindle and spool
porch detailing. The roof was at one time
covered with diamond-shaped shingles, with
terra cotta tiles at roof joints. It has since been
re-roofed with more conventional rectangular
shingles, without tiles. Also of note is the
extensive granite curbing around the yard areas
on the south and east side of the property.
Prior to construction of the house, the site hosted feed lot buildings belonging to Horatio Rogers,
an influential farmer who came to San Luis Obispo County in 1874. The property was added to
the Master List of Historic Resources in 1983. It remains in good overall condition, though, as
indicated in the list of proposed property improvements, the house exterior and fencing suffer
from some wood rot and fading paint.
MILLS ACT MAINTENANCE & IMPROVEMENTS
The intent of the Mills Act Program is to encourage rehabilitation, restoration, and maintenance
of historic property. A property owner participating in the program receives tax relief that is, in
part, dependent upon the cost of planned improvements that are related those purposes. Savings
from the tax relief provided under the contract are an incentive to undertake improvements and
maintenance related to the historic character of the property. Recommended improvements to be
included in the historic preservation agreement are included in Exhibit A of the draft Mills Act
Contract (Attachment 2) and summarized below.
Improvements made to the property under the agreement must be consistent with applicable
historical preservation standards and guidelines through and under the terms of the agreement all
work must be completed to the satisfaction of the Community Development Director. The City
2 Description from the Historic Resources Inventory (Attachment 4).
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HIST-1990- -2015 (1445 Broad)
Page 4
also periodically reviews properties that are subject to Mills Act Contracts to confirm that
preservation efforts are in compliance with City standards and policies.
Proposed Improvements
Repair of wood rot on house and paint the exterior with historically appropriate colors
Replace back deck with porch suiting age and style of home
Replace rotting fence on property line
Replace front entryway to the property to a period-appropriate appearance
Landscape front and back yards with period-appropriate plantings
Replace engineered floors on second floor with period-appropriate flooring.
Strip interior stairway banister and stair treads and refinish them in an historically appropriate
finish and method
Replace insulation in attic space; upgrade furnace in attic and basement
Replace heating and ductwork which has been damaged by rodent infestation
Maintain the building exterior and grounds to a high level, as evidenced by periodic repair of
exterior materials and surfaces, high quality landscape maintenance, and repair or replacement
of site features as necessary.
ENVIRONMENTAL REVIEW
Entering into a “Mills Act Contract” with the owners of historic property is not subject to the
provisions of the California Environmental Quality Act (CEQA) because it is not a project as
defined in CEQA Guidelines § 15378 (Definitions-Project). Implementation of the Mills Act is a
government fiscal activity which does not involve commitment to any specific project resulting
in a potentially significant physical impact on the environment.
RECOMMENDATION
Adopt the draft resolution recommending that the City Council approve and enter into a Mills
Act Contract for the Master List Falkenstein House at 1445 Broad Street.
ALTERNATIVES
1. Continue consideration of the item with direction to the applicant and staff on pertinent
issues.
2. Recommend to the City Council that they do not enter into the proposed Historic
Property Contract, based on findings of inconsistency with the General Plan, Historic
Preservation Ordinance, or Historic Preservation Program Guidelines.
ATTACHMENTS
1. Draft Resolution
2. Historic Property Preservation Agreement
3. Vicinity map
4. Historic Resources Inventory for 1445 Broad
5. Applicant’s request letter and list of improvements
CHC1 - 4
RESOLUTION NO. XXXX-15
A RESOLUTION OF THE SAN LUIS OBISPO CULTURAL HERITAGE COMMTTEE,
RECOMMENDING THE CITY COUNCIL APPROVE A HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR THE MASTER LIST FALKENSTEIN HOUSE
LOCATED AT 1445 BROAD STREET
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
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.
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo conducted
a public hearing in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on November 23, 2015, for the purpose of reviewing the proposed historic property
preservation agreement; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Cultural Heritage Committee has duly considered all evidence, including
the testimony of the applicant, interested parties, and the evaluation and recommendations by
staff, presented at said hearing.
BE IT RESOLVED, by the Cultural Heritage Committee of the City of San Luis Obispo
as follows:
Section 1. Findings.
1. Conservation and Open Space Element program 3.6.2 states that the City will participate
in financial assistance programs such as property tax reduction programs that encourage
maintenance and restoration of historic properties.
ATTACHMENT 1
CHC1 - 5
Resolution No.XXXX-15
HIST-1990-2015 (1445 Broad St)
Page 2
2. The Falkenstein House, located at 1445 Broad 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. Environmental Review. 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 3. Action. The Committee hereby recommends approval of application
HIST-1990-2015, allowing the City to enter into a Mills Act Historic Preservation Agreement.
On motion by Committee member, , seconded by Committee member, , and on the
following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed and adopted this 23rd day of November, 2015.
_____________________________
Brian Leveille, Secretary
Cultural Heritage Committee
ATTACHMENT 1
CHC1 - 6
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC
BUILDING LOCATED AT 1445 BROAD STREET, IN THE CITY AND COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this ________ day of ________ , 2015, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
“City”), and Francis X. Cullen and Aline V Cullen (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 Owners or the City desire in any year not to renew the agreement, the
Owners or the City shall serve written notice of nonrenewal of the agreement on
the other party. Unless such notice is served by the Owners to the City at least
ninety (90) days prior to the annual renewal date, or served by the City to the
Owners 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 Owners 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 Owners of nonrenewal.
d. If either the City or the Owners serve 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. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate
the building and its character-defining features, including: the building’s general
ATTACHMENT 2
CHC1 - 7
Historic Preservation Agreement
1445 Broad Street
Page 2
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. The building’s interior closely relates to the property’s eligibility as a qualified
historic property. The Owners agree 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 Owners 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 Owners agree to secure all necessary City approvals and/or
permits prior to changing the building’s use or commencing construction work.
e. Owners agree 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; 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. Owners 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.
ATTACHMENT 2
CHC1 - 8
Historic Preservation Agreement
1445 Broad Street
Page 3
Section 5. Furnishing of Information. The Owners hereby agree 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 Owners have 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
Owners have 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 Owners to preserve, maintain, and rehabilitate the
historic property as specified above, the Owners 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 ½% 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 building 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 Owners, the City shall give written notice of violation to the
Owners 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 Owners); 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 Owners 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 Owners 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
ATTACHMENT 2
CHC1 - 9
Historic Preservation Agreement
1445 Broad Street
Page 4
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 Owners may enter into mediation or binding
arbitration to resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building
located at 1445 Broad Street, San Luis Obispo, California, Assessor’s Parcel Number
003-531-017, to the covenants, reservations, and restrictions as set forth in this agreement. The
City and Owners 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 Owners’ 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
To Owners: Francis X. and Aline V. Cullen
1445 Broad 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 Owners agree 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 Owners, or
from those of their contractor, subcontractor, agent, employee, or other person
ATTACHMENT 2
CHC1 - 10
Historic Preservation Agreement
1445 Broad Street
Page 5
acting on the Owners’ behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owners hereby agree 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 Owners’ 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.
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 Owners; however the City may charge reasonable and necessary fees to recover direct costs
of executing, recording, and administering the historical property contracts.
ATTACHMENT 2
CHC1 - 11
Historic Preservation Agreement
1445 Broad Street
Page 6
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day
and year written above.
OWNERS
____________________________________ ______________________________
Francis X. Cullen Date
____________________________________ ______________________________
Aline V. Cullen Date
CITY OF SAN LUIS OBISPO
____________________________________ ______________________________
Mayor Jan Marx Date
ATTEST:
______________________________
John Ansolabehere, Interim City Clerk
APPROVED AS TO FORM:
______________________________
Christine Dietrick, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
ATTACHMENT 2
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Historic Preservation Agreement
1445 Broad Street
Page 7
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES
FOR THE FALKENSTEIN HOUSE LOCATED AT 1445 BROAD STREET,
SAN LUIS OBISPO, CALIFORNIA
1. Owners 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 1445 Broad 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. Owners agree 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 Ordinance and the Secretary of the
Interior’s Standards for the Treatment of Historic Properties:
Repair of wood rot on house and paint the exterior
Replace back deck with porch suiting age and style of home
Replace rotting fence on property line
Replace front entryway to the property to a period-appropriate appearance
Landscape front and back yards with period-appropriate plantings
Replace engineered floors on second floor with period-appropriate flooring.
Strip interior stairway banister and stair treads and refinish them in an historically appropriate
finish and method
Replace insulation in attic space; upgrade furnace in attic and basement
Replace heating and ductwork which has been damaged by rodent infestation
Maintain the building exterior and grounds to a high level, as evidenced by periodic repair of
exterior materials and surfaces, high quality landscape maintenance, and repair or replacement of
site features as necessary.
OWNERS
____________________________________ ______________________________
Francis X. Cullen Date
____________________________________ ______________________________
Aline V. Cullen Date
ATTACHMENT 2
CHC1 - 13
Historic Preservation Agreement
1445 Broad Street
Page 8
State of California }
County of San Luis Obispo }
On ________________, before me _________________________________________ ,
Date Name and Title of the Officer
personally appeared, ____________________________________________________ ,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ Signature of Notary Public Place Notary Seal Above
State of California }
County of San Luis Obispo }
On________________, before me,__________________________________________,
Date Name and Title of the Officer
personally appeared, _____________________________________________________,
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _____________________________ Signature of Notary Public Place Notary Seal Above
ATTACHMENT 2
CHC1 - 14
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VICINITY MAP HIST-1990-20151445 Broad Street ¯
ATTACHMENT 3
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ATTACHMENT 4
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ATTACHMENT 4
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ATTACHMENT 4
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ATTACHMENT 5
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ATTACHMENT 5
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ATTACHMENT 5
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Meeting Date: 11-23-15
Item Number: 2
CULTURAL HERITAGE COMMITTEE AGENDA REPORT
SUBJECT: Review of a two-bedroom residential unit on a Master list Historic property in the Old
Town Historic District.
PROJECT ADDRESS: 535 Islay Street BY: Januar Saptono, Planning Technician
FILE NUMBER: ARCH-1106-2015 FROM: Brian Leveille, Senior Planner
SUMMARY RECOMMENDATION
Recommend the Community Development Director approve the project based on findings, and subject
to conditions.
SITE DATA
Applicant Gordon and Stacy Edmonds
Historic Status Master List property
Submittal Date March 20, 2015
Complete Date November 2, 2015
Zoning R-2-H (Medium-Density
Residential with Historic
Overlay)
General Plan Medium Density Residential
Site Area ~ (.50 acres) 22,106 square
feet
Environmental
Status
Categorically Exempt from
environmental review under
Section 15303 of the CEQA
Guidelines (New Construction
or Conversion of Small
Structures)
SUMMARY
The applicant is proposing a 1,005-square foot two-bedroom residence at the rear of the property.
The property was added to the Master List Historic Resources list in 1983 as the Sandercock House,
and is within the Old Town Historic District. The project requires review by the Cultural Heritage
Committee since an additional residence is proposed on a Master List Historic property.
CHC 2-1
ARCMI-1106-2015
535 Islay Street
Page 2
PROJECT INFORMATION
Site Information/Setting
The property is within the Old Town Historic
District and is adjacent to other Contributing List
properties. This subject property is within the
Medium-Density Residential (R-2-H) zone with
Historic Overlay, and located on the corner of Islay
and Beach Street (Attachment 2, Vicinity Map).
The Master List Sandercock House and a recently
constructed garage are located toward the front of
the lot facing Islay Street. The Sandercock House
is a Neo-Classic cottage built by James Maino in
1910 (Attachment 3, Historic Resource
Inventory). In addition to being an excellent
example of Colonial Revival Architecture, the property is significant because of its association with
the Sandercock family. William Sandercock was president of the Sandercock Transfer Company.
The CHC added the house to the Master List in 1983 because of its attractive architectural style and
design, and association with a person who was a significant community leader (Attachment 3,
Historic Resources Inventory). The property is under a Mills Act Historic Preservation Agreement
which was approved in 2010.
Character-defining features include Neo-classical pediments with fishscale shingles. The main entry
door is located at the approximate center of the front house; it is a double door wood frame. The
windows are molded and double hung and the curved porch roof is supported by Doric-styled
columns. (Figure 1, above). Roofing material is composition shingle and exterior walls are covered
with wood shiplap siding.
Project Description
The property owners have proposed a new
one-story, 1,005 square foot residence
with two-bedrooms. The proposed new
residence is to be located at the rear of the
property and is accessed from Beach
Street. The proposed residence
incorporates exterior materials intended to
be consistent with the Master List
Sandercock House, including double hung
wood windows, supporting columns,
composition shingles, and matching
exterior colors. The stairs, siding,
window, doors, and fascia will be of wood
construction similar to the existing
Figure 1. Sandercock house front façade, 2015
Figure 2. Proposed house front façade
CHC 2-2
ARCMI-1106-2015
535 Islay Street
Page 3
residence (Attachment 4, project plans).
EVALUATION
The CHC’s role is to review the project in terms of its consistency with the Historic Preservation
Program Guidelines and Secretary of Interior Standards. The CHC recommendation will inform the
Director regarding compatibility of the proposed project with the existing Master List historic
resource and the Old Town Historic District.
Historic Preservation Program Guidelines
The Historic Preservation Program Guidelines require that new structures be designed to be
architecturally compatible with the prevailing historic character of the historic district “as measured
by their consistency with the scale, massing, rhythm, signature architectural elements, exterior
materials, siting and street yard setbacks of the district’s historic structures,…” (§ 3.2.1) and
architecturally compatible with nearby historic resources:
New development should not sharply contrast with, significantly block public views of, or
visually detract from, the historic architectural character of historically designated
structures… (HPPG § 3.2.2)
New accessory structures should complement the primary structure’s historic character
through compatibility with its form, massing, color, and materials. (HPPG § 3.4.1(c))
Secretary of Interior Standards
The Secretary of the Interior’s Standards for the
Treatment of Historic Properties also provide
guidance for designing new construction adjacent to
historic buildings.
SOI Rehabilitation Standard #9: New additions,
alterations, or related new construction will not
destroy historic materials, features, and spatial
relationships that characterize the property. The new
work shall be differentiated from the old and will be
compatible with the historic materials, features, size,
scale and proportion, and massing to protect the
integrity of the property and its environment.
Staff Analysis: The proposed addition incorporates
architectural details, massing, colors, and materials of
the primary structure, including the exterior wood
siding, roof pitches, and matching wood framed
double-hung windows and supporting Neo-classic
style columns. The proposed 1,005-square foot second
Proposed
new
residence
Sa
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r
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o
c
k
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u
s
e
Figure 3. Site Plan
CHC 2-3
ARCMI-1106-2015
535 Islay Street
Page 4
residence is setback approximately 160 feet from Islay Street and can only be seen from Beach
Street from limited view sheds along the public right-of-way. The proposed residence appears
complementary to the primary structure, and would not alter the character defining features of the
existing master list historic structure. The proposed new residence will not affect the existing height
or location of the existing residence as it is detached from the existing residence, and
architecturally, will be compatible with the primary use with similar colors, siding, roof lines, trim
and windows. The addition will preserve the essential form and integrity of the historic property.
Figure 4: View from Islay St., 2015 Figure 5: View from Beach St., 2015
ENVIRONMENTAL REVIEW
The project is exempt from environmental review under Section 15303 (New Construction or
Conversion of Small Structures) because the project consists of new construction of a residence in
the medium density residential zone and will not have a detrimental impact on historic resources.
RECOMMENDATION
Adopt the draft Cultural Heritage Committee Resolution (Attachment 1) recommending the Director
approve the proposed residential unit.
ALTERNATIVES
1. Continue the item with direction to the applicant and staff on pertinent issues.
2. Deny the project. An action denying the application should include findings that cite the basis
for denial and should reference inconsistency with the General Plan, Historic Preservation
Ordinance, or Historic Preservation Program Guidelines.
CHC 2-4
ARCMI-1106-2015
535 Islay Street
Page 5
ATTACHMENTS
1. Draft Resolution
2. Vicinity Map
3. Historic Resources Inventory
4. Project Plans
CHC 2-5
R-2
R-2-H
R-2
R-2
R-2
R-2-H
R-2 R-2
R-2-PD
R-2-H
R-2
R-2-H
R-2-HR-2
R-2-PD
R-2
R-2-H
C-N
R-3
ISLAY
HIGHLEFF
B
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BUCH
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VICINITY MAP ARCH-1106-2015535 ISLAY STREET ¯
Attachment 2
CHC 2-6
Attachment 3
CHC 2-7
Attachment 3
CHC 2-8
Attachment 3
CHC 2-9
Attachment 3
CHC 2-10
Attachment 3
CHC 2-11
Attachment 3
CHC 2-12
Attachment 4
CHC 2-13
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PL
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Attachment 4
CHC 2-15
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A3
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PL
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Attachment 4
CHC 2-16
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CHC 2-18
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Attachment 4
CHC 2-19
Cultural Heritage Committee Minutes
Monday, September 28, 2015
Regular Meeting of the Cultural Heritage Committee
CALL TO ORDER
A Regular Meeting of the San Luis Obispo Cultural Heritage Committee was called to order on
Monday, September 28, 2015 at 5:30 p.m. in the Council Hearing Room, located at 990 Palm
Street, San Luis Obispo, California, by Chair Hill.
OATH OF OFFICE
Deputy City Clerk Goodwin administered the Oath of Office for newly-appointed Committee
Members Shannon Larrabee and Leah Walthert.
ROLL CALL
Present: Committee Members Craig Kincaid, Shannon Larrabee, James Papp, Leah
Walthert, Vice-Chair Thom Brajkovich, and Chair Jaime Hill
Absent: Committee Member Sandy Baer
Staff
Present: Senior Planner Brian Leveille, Assistant Planner Walter Oetzell, Planner Januar
Saptono, Planner Kyle Van Leeuwen, and Recording Secretary Sarah Reinhart
ACCEPTANCE OF THE AGENDA
The agenda was accepted as amended.
MINUTES
By consensus, the Committee approved the Minutes of the Cultural Heritage Committee meeting
of August 24, 2015, as amended.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
There were no members of the public desiring to speak.
PUBLIC HEARINGS
1. 1940 and 1960 Santa Barbara Avenue. ARCH-1540-2015; Review of a pole sign and
three signs on the Historic Southern Pacific Warehouse building (Railroad Museum), with
a categorical exemption from environmental review (Section 15301); C-S-S-H and PF-H
zones; SLO Railroad Museum, applicant. Planner Saptono reviewed the contents of the
staff report, recommending support for the location and the proposed signs.
City of San Luis Obispo, Title, Subtitle
Cultural Heritage Committee Minutes of September 28, 2015 Page 2
In response to Committee inquiry, staff clarified questions regarding height, sight plans,
and materials used for the proposed signs.
PUBLIC COMMENTS
Pierre Rademaker, Project Designer and member of the Railroad Museum, explained the
rationale behind the type of signage being proposed and the height exemptions; stated that
the building lacked visibility from Santa Barbara Street; stressed that the signs and height
exceptions were appropriate given building’s historic significance; explained the materials
used, noting that the sign on the pole will be made of metal; explained that the pole will
incorporate the use of a “semaphore” which is a historic artifact, noting that another sign on
the building will be made of high-density foam or a metal face sign; pointed out that an
interpretive display would be constructed near the pedestrian entry describing the historic
artifacts used in the pole sign and around the property.
Glen Matteson, San Luis Obispo Railroad Museum, clarified that the sign is positioned in a
manner that indicates that there is no railroad crossings at that location.
There being no others desiring to speak, Chair Hill closed the public hearing.
COMMITTEE COMMENTS
Committee Member Papp spoke in favor of displaying historical artifacts and suspending
the signage rule; spoke against naming the display as a sign; suggested the spelling of
Semaphore be S-E-M-A-P-H-O-R-E when describing the artifact.
Vice-Chair Brajkovich voiced support for the awning, entrance signs, and for having clear
signage.
Chair Hill thanked the applicant for clarifying the use of materials; spoke in favor of calling
the semaphore a sign, noting that the sign would have been considered public art and the
approval process would be much longer; affirmed liking the signage.
There were no further comments made from the Committee.
On motion by Vice-Chair Brajkovich, seconded by Committee Member Papp, the
Committee adopted a resolution recommending the Community Development Director
approve the signs for the San Luis Obispo Railroad Museum.
AYES: Committee Members Kincaid, Larrabee, Papp, Walthert, Vice-Chair
Bajkovich, and Chair Hill
NOES: None
RECUSED: None
ABSENT: Committee Member Baer
The motion passed on a 6:0 vote.
2. 1005 Islay Street. ARCH-0896-2015; Review of the construction of a new accessory
structure (a two-car garage with workspace above) on property designated as an historical
City of San Luis Obispo, Title, Subtitle
Cultural Heritage Committee Minutes of September 28, 2015 Page 3
resource, including a categorical exemption from environmental review (Section 15303);
R-3-H zone; Cynthia Becker, applicant.
Chair Hill announced that she is recusing herself because she owns property within 500’ of
the subject property; left the Council Hearing Room at 5:45 p.m.
Planner Walter Oetzell, presented the staff report recommending the approval to
the Community Development Director of an Accessory Structure (2-Car garage with
accessory space above) located behind a contributing list historic resource in the medium-
high density residential (R-3-H) zone with historical preservation overly, based on findings
and subject to conditions.
In response to Committee Member Kincaid’s inquiry, Planner Oetzell advised that
additional language could be included in the final conditions that would specify the garage
door being more consistent with the historic character of the home; suggested using a non-
steel door with windows.
PUBLIC COMMENTS
John Valasario, Applicant Representative, provided an overview of the project. In response
to Committee inquiry, Mr. Valasario noted that budget constraints were a factor in opting
out of the addition of a restroom; answered questions regarding architectural changes of the
roof, window materials, driveway size, house elevation, and scope of fence; noted that only
a section of the fence would be re-done as it is non-conforming; clarified that the existing
oak tree will not be affected and will require minimal trimmings.
There being no others desiring to speak, Chair Hill closed the public hearing.
COMMITTEE COMMENTS
Committee Member Papp spoke in support of the proposed project; pointed out that the
property is obscured due to the fence; expressed concerns with the accuracy of the
measurements of the existing building, noting that incorrect measurements were submitted
previously; opined seeing the proposed project as conforming due to the historic nature of
the neighborhood.
Committee Member Larrabee opined that proposed project is an upgrade to the existing
structure; expressed concern as to why the applicant chose to build a faux garage instead of
a studio.
In response to Committee inquiry, Mr. Valasario clarified that the applicant did not have
the monetary means to build a studio and was not interested in the potential re-sale value
added by the studio; noted that the fence will be upgraded when budget allows.
Committee Member Kincaid inquired as to why the applicant created the height and look of
a garage when it is not intended to be one.
Mr. Valasario pointed out that parking limitations of the site make it difficult to get
buildable area for the accessory space; noted that the applicant could potentially still use
the space as a garage.
City of San Luis Obispo, Title, Subtitle
Cultural Heritage Committee Minutes of September 28, 2015 Page 4
Committee Member Walthert, voiced no concerns with the project; and noted that the
building blends in with the neighborhood.
Committee Member Papp suggested that the additional language regarding the garage door
specifications not being metal should not be included since the garage door will not be
visible.
Vice-Chair Brajkovich spoke in support of including the additional language that requires
the garage door to have historical design elements.
Senior Planner Leveille explained that there is a possibility that the garage doors may
become visible in the future; pointed out that the Public Works Department has not
resolved the issue of allowing a gate or fence on the driveway leading out to the required
parking spaces.
Vice-Chair Brajkovich stated his preferences with the proposed project which include
window trim casings, a three foot fence, and details to the garage doors.
In response to Committee Member Papp’s inquiry, Mr. Valasario stated that the applicant
would not be opposed to using wood material in lieu of vinyl on the windows.
There were no further comments made from the Committee.
On motion by Committee Member Papp, seconded by Committee Member Kincaid, to
recommend approval to the Community Development Director of an Accessory Structure
(2-Car garage with accessory space above) located behind a contributing list historic
resource in the medium-high density residential (R-3-H) zone with historical
preservation overly, based on findings and subject to conditions, with the following
revisions:
A. Action 6. The applicant shall upgrade the garage doors from metal to be more
compatible with the historic district and update the four windows facing Osos Street to be
more compatible with the historic district. New proposed fencing details shall be included
in the building permit.
AYES: Committee Members Kincaid, Larrabee, Papp, Walthert, and Vice-Chair
Brajkovich
NOES: None
RECUSED: Chair Hill
ABSENT: Committee Member Baer
The motion passed on a 5:0 vote.
Chair Hill returned to the Council Hearing Room at 6:28 p.m.
3. 536 Marsh Street. ARCH-1856-2015; Review of removal of a non-historic elevator
addition and restoration to original appearance, with a categorical exemption from
environmental review (Section 15331); C-D zone; City of San Luis Obispo – Parks and
Recreation Dept., applicant.
City of San Luis Obispo, Title, Subtitle
Cultural Heritage Committee Minutes of September 28, 2015 Page 5
Vice-Chair Brajkovich announced that he is recusing himself on this item; left the Council
Hearing Room at 6:29 p.m.
Planner Van Leeuwen reviewed the contents of the staff report, recommending that the
Community Development Director approve plans to remove a non-historic elevator
enclosure from the Jack House building and restore the building to the historic appearance
at 536 Marsh Street, downtown-commercial zone (C-D), based on findings and subject to
condition.
In response to Commissioner Kincaid’s inquiry, staff clarified that the new bay window
would mimic the existing window near the front porch.
PUBLIC COMMENTS
Michael McGuire, Applicant Representative, stated that the elevator enclosure is the only
non-architectural feature in the structure; noted that new windows are being fabricated to
perfectly match the existing windows.
In response to Chair Hill’s inquiry, Mr. McGuire clarified that the elevator shaft was added
to the bay window, noting that there would be no changes to the first floor; stated that the
interior trim, moldings, and wallpaper will be made to match the existing features.
In response to Committee Member Larrabee’s inquiry, Mr. McGuire indicated that the
allocated budget for this project was $44,000; explained that half of the funds were donated
by the Jack family and the remaining came from Measure G funding; noted that
construction will begin January 2015 and should be approximately 4-6 weeks long; stated
that the goal is to be completed by April 2015 so the Jack House can be ready for weddings
and other receptions that are coordinated through Parks and Recreation Department.
Toni Kincaid, San Luis Obispo, spoke in support of the project; stated that the Jack family
members who donated the funds for the renovation are eager to see the project complete.
Kathy Settle, Jack House Committee Chair, voiced support of the renovation; spoke on her
experience on being a part of the transformation from conception; stated that she is eager to
see the house restored to its original beauty.
Susan Updegrove, Parks and Recreation Committee Member and Jack House Committee
Liaison, spoke in support of the restoration project.
Eva Ulz, Jack House Committee Member, expressed support for the restoration of the Jack
House; opined that renovating of the home would be an asset to the City.
There being no others desiring to speak, Chair Hill closed the public hearing.
COMMITTEE COMMENTS
Committee Member Papp disclosed that he is President of Friends of the Jack House, ex-
officio Committee Member of the Jack House Committee, and authored attachment four of
the staff report; stated that attachment four was written based on oral history prior to the
1908 photograph emerging at the History Center of San Luis Obispo County; opined that a
City of San Luis Obispo, Title, Subtitle
Cultural Heritage Committee Minutes of September 28, 2015 Page 6
major condition of the restoration was documentary evidence and that the photographs
prove that the elevator was an addition; urged the Committee to approve the restoration of
the Jack House.
There were no further comments made from the Committee.
On motion by Committee Member Larrabee, seconded by Committee Member Walthert,
to recommend approval to the Community Development Director to approve plans to
remove a non-historic elevator enclosure from the Jack House building and restore the
building to the historic appearance at 536 Marsh Street, Downtown-Commercial Zone.
AYES: Committee Members Kincaid, Larrabee, Papp, Walthert, and Chair Hill
NOES: None
RECUSED: Vice-Chair Brajkovich
ABSENT: Committee Member Baer
The motion passed on a 5:0 vote.
Vice-Chair Brajkovich returned to the Council Hearing Room at 6: 54 p.m.
COMMENT AND DISCUSSION
4. Staff
a. Agenda Forecast
Senior Planner Leveille provided the agenda forecast of upcoming projects; noted the
upcoming review of a single family residence on Islay Street and a secondary dwelling
unit on Buchon Street.
5. Committee
In response to Committee Member Papp’s inquiry, staff explained that the John Madonna
Froom Ranch project will be agendized at a future meeting; stated that the project will also
be presented at both the Planning Commission and City Council.
Chair Hill encouraged new members to discuss items they would like agendized for
discussion at a future meeting.
ADJOURNMENT:
The meeting adjourned at 7:00 p.m.
Respectfully submitted by,
Sarah Reinhart
Recording Secretary
City of San Luis Obispo, Title, Subtitle
Cultural Heritage Committee Minutes of September 28, 2015 Page 7
Approved by the Cultural Heritage Committee on XX, XX, 2015.
John Paul Maier
Assistant City Clerk