HomeMy WebLinkAbout04-04-2017 Item 10, Review of Mills Act Historic Preservation Agreement for 116 Chorro Meeting Date: 4/4/2017
FROM: Michael Codron, Community Development Director
Prepared by: Walter Oetzell, Assistant Planner
SUBJECT: REVIEW OF A MILLS ACT HISTORIC PRESERVATION AGREEMENT
FOR THE MASTER LIST HISTORIC MICHAEL C. HALPIN HOUSE (116
CHORRO STREET)
RECOMMENDATION
As recommended by the Cultural Heritage Committee, adopt a resolution (Attachment A)
approving a Historic Property Preservation Agreement between the City and the owner of the
Michael C. Halpin House at 116 Chorro Street, under the terms described in the agreement.
DISCUSSION
Background
The owner of the Michael C. Halpin House, at 116 Chorro, has submitted an application to enter
into a Mills Act historic preservation agreement with the City for the improvement and
preservation of the historic property in exchange for property tax relief.
The Mills Act Program
The Mills Act Property Tax Abatement
Program enables California cities to enter
into contracts with owners of historical
property to provide them with tax relief in
exchange for an agreement to actively
participate in the restoration and
maintenance of historical resources. A
Mills Act contract is effective for an
initial 10-year period, and then is
automatically extended annually for an
additional year. After the initial term,
either the City or the owner may, by
written notice, decide not to renew the contract. During the effective term of the contract, the
property owner must improve or rehabilitate the property, maintain the property consistent with
the Secretary of the Interior’s Standards, and provide visibility of the historical resource from the
public right-of-way.
The Conservation and Open Space Element (COSE) of the General Plan describes the City’s
goals and policies for the protection of cultural resources. It is the City’s policy that si gnificant
historic resources be rehabilitated and preserved (COSE §3.3). Participation in the Mills Act
Program is one of the means by which the City encourages the maintenance and restoration of
historic properties (COSE §3.6.2). A property must be on the City’s Master List of Historic
Resources in order to be enrolled in the program. Currently there are 54 properties participating
Figure 1: Michael C. Halpin House
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in the program, with the last request approved by the Council in August, 2016.
The Michael C. Halpin House
The Michael C. Halpin House was constructed as a one-story, single-family residence in 1930,
with second-level attic space added in 2002. Michael C. Halpin worked in the wholesale grocery
industry, running the Rand-Halpin Company, operators of the warehouse in the Channel
Commercial Company building (now Railroad Square), and was the owner of Halpins Food
Market in Morro Bay. The house was later home to Harry J. Morris, of the Morris & Garritano
Insurance firm (formerly Morris & Dee), a prominent San Luis Obispo insurance firm.1 The
architect of the building is unknown. The Michael C. Halpin House is described in City records 2
as Tudor Revival in style, with unusual patterned wood shingle siding and a distinctive turret
with a stained glass window (see Attachment C). The property appears to be in good condition. It
was designated as a Master List Resource by the City Council on March 2 nd, 2010 (Resolution
No. 10153, Attachment E), noting its eligibility due to its architectural style, age, and association
with individuals who helped shape San Luis Obispo’s history.
Proposed Improvements
Several improvements have been identified by the applicant for inclusion in the proposed historic
preservation agreement for this property. Recommended improvements to be included in the
agreement for this property are included in Exhibit A of the draft Mills Act Contract
(Attachment B) and summarized below:
Repair pest damage identified in a recently completed pest inspection report including:
shingle damage; eaves, fascia, trim damage; and other miscellaneous exterior wood
damage
Repair electrical deficiencies noted in a recently completed home inspection report,
including panel upgrades and repairs, and repair of receptacles and boxes
General maintenance of roofing and interior and exterior surfaces, trim, and decoration,
including painting and replacement, as necessary
General maintenance, including landscaping, plumbing, heating, and electrical system.
Landscape improvements to restore and enhance visibility of the property’s historic
character, including tree work and new plantings and mulching
Repairs and efficiency improvements for landscape irrigation system
Drainage improvements, as identified in a recently conducted home inspection report
Plumbing upgrades and replacement, including fixtures and water heaters as necessary
Fireplace and chimney restoration, according to recommendations from a recently
conducted fireplace inspection
Replacement of vinyl windows, along the building elevations visible from the public
right-of-way, with period-appropriate divided lite windows of materials, design, and form
matching that of the original windows, in order to restore the historic character of the
original window pattern and forms.
1 House history from: Betsy Bertrando (2009). Historic Resource Evaluation; The Michael C. Halpin House, in
application file CHC 118-09.
2 Historic Resources Inventory form; CDD historic property record (“yellow file”) for 116 Chorro
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Cultural Heritage Committee Recommendation
The Cultural Heritage Committee reviewed the application and the terms of the draft contract at
a public hearing on February 27th, 2017. The Committee, by unanimous vote, recommended that
the Council approve the contract. The resolution adopted by the Committee is attached to this
report (Attachment D).
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 (Guidelines § 15378 (b) (4)).
FISCAL IMPACT
Under a Mills Act Contract, the value of property is assessed using a “capitalization of income”
method described in the California Revenue and Taxation Code. The “Restricted Value” may be
significantly lower than the current assessed value of the property, resulting in tax savings to the
property owner. This tax savings represents the financial incentive to invest in rehabilitation,
restoration, and maintenance of the historic resource.
Recent estimates of tax savings suggest that, for property valued at $1,000,000, a property owner
might realize approximately $60,000 in tax savings over the initial 10-year term of the Mills Act
Contract. About 3.36% of property taxes were allocated to the City for the 2015/2016 fiscal
year,3 and so the tax savings may have an impact to the City of about $2,100 over the initial 10 -
year period of the contract. The Restricted Value of the property is calculated by the County
Assessor after the contract is agreed upon, and the assessed property val ue indicated in Assessor
records often does not accurately reflect the current value of the property, particularly after a
change of ownership, making it difficult to accurately estimate the tax savings and resulting
fiscal impacts to the City.
ALTERNATIVES
1. Continue review of this request to a future date for additional analysis or research; or
2. Do not enter into a Mills Act Historic Preservation Contract with the property owner. This
alternative is not recommended. The contract provides a tax relief incentive that is a tool for
achieving the City’s goals for historical preservation.
3 Property Tax Perspective, Fiscal Year July 1, 2015 to June 30, 2015; County of San Luis Obispo [ONLINE at
http://www.slocounty.ca.gov/Assets/AC/Digital/Property+Tax/Perspective/2015-16+Property+Tax+Perspective.pdf,
accessed July 20, 2016]
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Attachments:
a - Draft Resolution
b - Historic Property Preservation Agreement (Draft)
c - Historic Resources Inventory
d - CHC Resolution
e - Council Resolution 10153
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R ______
RESOLUTION NO. _____ (2017 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, APPROVING A HISTORIC PROPERTY
PRESERVATION AGREEMENT BETWEEN THE CITY AND THE
OWNER OF THE MICHAEL C. HALPIN HOUSE AT 116 CHORRO
STREET
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code § 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
WHEREAS, Robert Harper (“Owner”) is the owner of that certain qualified real property,
together with associated structures and improvement thereon, located on Assessor’s Parcel
Number 001-022-019, located at 116 Chorro Street, San Luis Obispo, California, also described
as the Michael C. Halpin House (hereinafter referred to as the “historic property”); and
WHEREAS, the City and Owner, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character-defining features are preserved and maintained in an exemplary manner, and repairs and
improvements are completed as necessary to carry out the purposes of California Government
Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for
an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq. of the Revenue and Taxation
Code; and.
WHEREAS, 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 February 27, 2017, for the purpose of reviewing the proposed historic property
preservation agreement, and recommended that the Council enter into the agreement; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, , the City Council held a hearing on April 4, 2017, in the Council Chamber
at 990 Palm Street of the City of San Luis Obispo as part of its regularly scheduled meeting for
the purpose of considering approval of the historic preservation agreement, and has duly
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Resolution No. _____ (2017 Series) Page 2
considered all evidence, including the record of the Cultural Heritage Committee hearing and
recommendation, testimony of the applicant and interested parties, and the evaluation and
recommendation by staff, present at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
a) 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.
b) The Michael C. Halpin House, located at 116 Chorro Street, has been recognized
as a historic asset in the community by its designation as a Master List Historic
Property by the City Council on March 10, 2010 (Resolution No. 10153). 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 Determination. The City Council has determined that the
above actions do not constitute a project, as defined by § 15378 of the California Environmental
Quality Act and are exempt from environmental review.
SECTION 3. Historic Property Preservation Agreement Approved. The City Council
hereby approves the "Historic Property Preservation Agreement Between the City of San Luis
Obispo and the Owner of the Historic Property Located at 116 Chorro Street", and entered into
between the City and owner, Robert Daniel Harper.
SECTION 4. Community Development Director Authorized to Sign Agreement for City.
The City Council hereby authorizes the Community Development Director to execute said
agreement on behalf of the Council of the City of San Luis Obispo.
SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the
parties enter into said agreement, the City Clerk shall cause the agreement to be recorded in the
Office of the County Recorder of the County of San Luis Obispo.
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Resolution No. _____ (2017 Series) Page 3
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2017.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Carrie Gallagher
City Clerk
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC
PROPERTY LOCATED AT 116 CHORRO STREET, IN THE CITY OF SAN LUIS
OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this ________ day of ________ , 2017, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
“City”), and Robert Daniel Harper (hereinafter referred to as “Owner”), and collectively referred
to as the “parties.”
WHEREAS, Owner is the owner of that certain real property commonly known as
116 Chorro Street (APN 001-022-019), and legally described as shown in the attached “Exhibit B”
(“Owner’s Property”); and
WHEREAS, Owner has agreed to enter into an Historic Property Preservation Agreement
with the City for the preservation, maintenance, restoration, or rehabilitation of Owner’s Property,
an historic resource within the City;
NOW, THEREFORE, in consideration of the above recitals and in further consideration
of the mutual benefits, promises, and agreements set out herein, the parties agree as follows:
Section 1. Description of Preservation Measures. The Owner, his heirs, or assigns hereby agree
to undertake and complete, at his 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 non-renewal is served as
provided herein.
b. If the Owner or the City desire in any year not to renew the agreement, the Owner
or the City shall serve written notice of non-renewal 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.
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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 non-renewal.
d. If either the City or the Owner serves notice to the other party of non-renewal 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 building and its character-defining features, including: the building’s general
architectural form, style, materials, design, scale, proportions, organization of
windows, doors, and other openings; interior architectural elements that are integral
to the building’s historic character or significance; exterior materials, coatings,
textures, details, mass, roof line, porch, and other aspects of the appearance of the
building’s exterior, as described in Exhibit A, to the satisfaction of the Community
Development Director or his designee.
b. 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.
c. 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.
d. Owner agrees that property tax savings resulting from this agreement shall be used
for property maintenance and improvements as described in Exhibit A.
e. 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
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historic character, significance, and design as determined by the Community
Development Director.
f. 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 owner’s
compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly-noticed public hearing by the City Council as set forth
in Government Code Section 50285, may cancel this agreement if it determines that
the Owner has breached any of the conditions of this agreement or has allowed the
property to deteriorate to the point that it no longer meets the standards for a
qualified historic property; or if the City determines that the Owner has failed to
preserve, maintain, or rehabilitate the property in the manner specified in Section 4
of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the
Owner shall pay a cancellation fee to the State Controller as set forth in Government
Code Section 50286, which states that the fee shall be 12 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 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);
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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 Owner 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 building
located at 116 Chorro Street, San Luis Obispo, California, Assessor’s Parcel Number 001-022-019,
to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set forth
herein shall be deemed covenants running with the land and shall pass to and be binding upon the
Owner’s successors and assigns in title or interest to the historic property. Every contract, deed,
or other instrument hereinafter executed, covering or conveying the historic property or any
portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject
to the covenants, reservations, and restrictions expressed in this agreement regardless of whether
such covenants, restrictions, and reservations are set forth in such contract, deed, or other
instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address
of the respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owner: Robert Daniel Harper
116 Chorro St
San Luis Obispo CA 9341
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
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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 his contractor, subcontractor, agent, employee, or other person acting on
the Owner’s behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend
the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all claims or actions for damages caused by, or alleged to have
been caused by, reason of the Owner’s activities in connection with the historic
property, excepting however any such claims or actions which are the result of the
sole negligence or willful misconduct of City, its officers, agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason
of the operations referred to in this agreement regardless of whether or not the City
prepared, supplied, or approved the plans, specifications, or other documents for
the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in
this agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons
acquiring any part or portion of the historic property, whether by operation of law
or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained
herein, or to determine the rights and duties of any party hereunder, the prevailing
party in such proceeding may recover all reasonable attorney’s fees to be fixed by
the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions
thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with the laws of the
State of California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
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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.
OWNER
____________________________________ ______________________________
Robert Daniel Harper, Date
CITY OF SAN LUIS OBISPO
____________________________________ ______________________________
Mayor Heidi Harmon Date
Pursuant to authority conferred by Resolution No. XXXX (2017 Series)
ATTEST:
______________________________
Carrie Gallagher
City Clerk
APPROVED AS TO FORM:
______________________________
J. Christine Dietrick
City Attorney
ALL SIGNATURES MUST BE NOTARIZED
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EXHIBIT “A”
MAINTENANCE AND IMPROVEMENT MEASURES
FOR THE MICHAEL C. HALPIN HOUSE LOCATED AT 116 CHORRO STREET,
SAN LUIS OBISPO, CALIFORNIA
Owner shall preserve, maintain, and repair the historic building, including its character-defining
architectural features in good condition, to the satisfaction of the Community Development
Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis
Obispo for property located at 116 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.
Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be
consistent with the City’s Historic Preservation Ordinance and the Secretary of the Interior’s
Standards for the Treatment of Historic Properties:
Repair pest damage identified in a recently completed pest inspection report including:
shingle damage; eaves, fascia, trim damage; and other miscellaneous exterior wood
damage
Repair electrical deficiencies noted in a recently completed home inspection report,
including panel upgrades and repairs, and repair of receptacles and boxes
General maintenance of roofing and interior and exterior surfaces, trim, and decoration,
including painting and replacement, as necessary
General maintenance, including landscaping, plumbing, heating, and electrical system.
Landscape improvements to restore and enhance visibility of the property’s historic
character, including tree work and new plantings and mulching
Repairs and efficiency improvements for landscape irrigation system
Drainage improvements, as identified in a recently conducted home inspection report
Plumbing upgrades and replacement, including fixtures and water heaters as necessary
Fireplace and chimney restoration, according to recommendations from a recently
conducted fireplace inspection
Replacement of vinyl windows, along the building elevations visible from the public
right-of-way, with period-appropriate divided lite windows of materials, design, and form
matching that of the original windows, in order to restore the historic character of the
original window pattern and forms, based on photographic evidence.
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EXHIBIT “B”
Legal Description
For APN/Parcel ID(s): 001-022-019
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN
LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
THAT PORTION OF LOTS 1 AND 2 IN BLOCK 18 OF THE ANHOLM ADDITION TO
THE ClTY OF SAN LUIS OBISPO, ACCORDING TO MAP RECORDED MAY 13, 1927
IN BOOK 3, PAGE 91 OF MAPS, DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 1, DISTANT
THEREON NORTH 11 DEGREES 47' WEST, 74 FEET FROM THE SOUTHWEST
CORNER OF SAID LOT, THENCE SOUTH 89 DEGREES 44' EAST, 96 FEET TO THE
LINE BETWEEN LOTS 2 AND 3 IN SAID BLOCK, THENCE NORTH 7 DEGREES 23'
WEST ALONG SAID LINE, 69 FEET TO THE NORTH LINE OF SAID BLOCK 18,
THENCE SOUTH 89 DEGREES 37' WEST ALONG SAID LINE, 101.4 FEET TO THE
NORTHWEST CORNER OF SAID LOT 1, THENCE SOUTH 11 DEGREES 47' EAST
ALONG THE WESTERLY LINE OF SAID LOT, 69.1 FEET TO THE POINT OF
BEGINNING.
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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
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
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RESOLUTION NO. XXXX-17
A RESOLUTION OF THE SAN LUIS OBISPO CULTURAL HERITAGE COMMITTEE,
RECOMMENDING THE CITY COUNCIL APPROVE A HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR THE MASTER LIST MICHAEL C. HALPIN
HOUSE LOCATED AT 116 CHORRO 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, Robert Daniel Harper is the owner (“Owner”) of real property at 116 Chorro
Street, in the City of San Luis Obispo; and
WHEREAS, the City Council of the City of San Luis Obis po has designated the property
at 116 Chorro 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 Owner, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character-defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and
to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. 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 February 27, 2017, 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:
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Resolution No.XXXX-17
HIST-4114-2016 (116 Chorro)
Page 2
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.
2. The Michael C. Halpin House, located at 116 Chorro 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-4114-2016, allowing the City to enter into a Mills Act Historic Preservation Agreement.
On motion by Committee Member Papp, seconded by Committee Member Larrabee, and on the
following roll call vote:
AYES: 7
NOES: 0
REFRAIN: 0
ABSENT: 0
The foregoing resolution was passed and adopted this 27th day of February, 2017.
_____________________________
Brian Leveille, Secretary
Cultural Heritage Committee
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RESOLUTION NO. 10153 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERTY
LOCATED AT 116 CHORRO STREET TO THE MASTER LIST OF HISTORIC
RESOURCES AND REMOVING IT FROM THE CONTRIBUTING PROPERTIES LIST,
CHC 118 -09
WHEREAS, applicants Bob and Andrea Kamm, on November 3, 2009, submitted an
application to add their Contributing residence to the Master List of Historic Resources; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo at a public
hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on January 25, 2010, recommended the Council add the property located at 116
Chorro Street to the Master List of Historic Resources; and
WHEREAS, the City Council conducted a public hearing on March 2, 2010, for the
purpose of considering adding the property located at 116 Chorro Street to the Master List of
Historic Resources and removing it from the Contributing Properties List (CHC 118 -09); and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicants, interested parties, the records of the Cultural Heritage Committee hearing, and
the evaluation and recommendations by staff, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. The Council makes the following findings of consistency with
Historic Preservation Program Guidelines eligibility criteria for Master List Historic Resources:
1. The house is eligible for the Master List of Historic Resources because it is a good
example of French Provincial and Normandy styles.
2. The house is eligible for the Master List of Historic Resources because it was built in
1930 and is relatively old in the context of Anglo- American history in San Luis Obispo.
3. The house is eligible for the Master List of Historic Resources because it is in a highly
visible location on Chorro Street and stands as a good example of revival architecture popular
in the 1930s. The house is compatible with neighboring structures in the Anholm Tract that
are also examples of revival architecture.
4. The house is associated with individuals who helped shape San Luis Obispo's history
because notable past residents have made significant contributions to the City through their
association with business development.
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Resolution No. 10153 (20) Series
Page 2
SECTION 2. Action. The Council of the City of San Luis Obispo does hereby add the
property located at 116 Chorro Street to the Master List of Historic Resources as the historic
Michael C. Halpin House" and remove it from the Contributing Properties List.
SECTION 3. 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.
Upon motion of Council Member Settle, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 2nd day of March 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine DietrickL14ityAttorney
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