HomeMy WebLinkAbout09-04-2018 Item 11 Harry E. Lyman House Meeting Date: 9/4/2018
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 HARRY E. LYMAN HOUSE
RECOMMENDATION
As recommended by the Cu ltural Heritage Committee, adopt a resolution (Attachment A)
approving a Historic Property Preservation Agreement between the City and the owners of the
Harry E. Lyman House at 868 Upham Street, under the terms described in the draft agreement
(Attachment B).
DISCUSSION
The owners of the Harry E. Lyman House at 868 Upham Street have 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 visibi lity of the historical resource from the
public right -of-way.
Figure 1: Harry E. Lyman House
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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 significant
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 55 properties participating
in the program, with the last request approved by the Council in April 2017.
The Harry E. Lyman House
The Harry E. Lyman House was built in 1912 by Harry Lyman, a noted local architect and
builder. The house is noted as an excellent example of the Craftsman Style with eclectic
influence and was designated as a Master List Historic Resource in March 2012
(Resolution 10338). The house appears to be in very good condition.
Behind the house are two accessory buildings: a workshop built in 1908; and a garage built in
1940. In 2005 the workshop was converted to a residential dwelling and the garage was
converted into a guest space. The accessory structures were not evaluated for historical
significance at the time the property was included on the City’s Inventory of Historic Resources,
though they were acknowledged to be associated with Mr. Lyman (see the findings set out in
Resolution 10338, Att achment D). Because the historical significance of the property is
concentrated in the primary dwelling, proposed improvements to the accessory structures have
not been included in the draft preservation agreement.
Proposed Improvements
Several improvements and maintenance items are proposed to be completed (see Attachment E).
Proposed improvements which are most relevant to the preservation of the historic character of
the property have been included in Exhibit A of the proposed agreement (Attachment B) and are
summarized below:
▪ Maintenance of site landscaping, including: health of original trees behind the main
residence; replacement of dying and diseased trees;
▪ Replace dilapidated front door with a new door in keeping with the architectural style of the
residence;
▪ Update exterior lighting in keeping with historic style of house;
▪ Add HVAC system (for primary residence);
▪ Repair and rebuild fencing and retaining wall along the rear of property and the driveway
side of property;
▪ Replace roofing (of primary residence);
▪ Repaint interior of main house;
▪ Refinish original wood floors in main residence;
▪ Repaint exterior of main house;
▪ Re-glaze and restore original windows (of primary residence);
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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 July 23, 2018. The Committee, by unanimous vote, recommended that the
Council approve the contract. The resolution adopted by the Committee is attached to this report
(Attachment C).
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
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,1 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 value 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 sa vings and resulting
fiscal impacts to the City.
ALTERNATIVES
1. Continue consideration of the request to a future date for additional analysis or research ;
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.
Attachments:
a - Council Resolution (Draft)
b - Historic Property Preservation Agreement (Draft)
c - CHC Resolution (CHC-1006-2018)
d - Resolution 10338 (2012)
e - Applicant Letter and List of Proposed Improvements
1 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/Digita l/Property+Tax/Perspective/2015-16+Property+Tax+Perspective.pdf,
accessed July 20, 2016]
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RESOLUTION NO. ____ (2018 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 HARRY E. LYMAN HOUSE AT 868 UPHAM 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, a nd
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 o f the City of San Luis Obispo pursuant to the policies in the City’s Historic
Preservation Program Guidelines; and
WHEREAS, Maggie and Jason Browning are the owners of real property that certain
qualified real property, together with associated structures and improvement thereon, located on
Assessor’s Parcel Number 003-646-014, located at 868 Upham Street, in the City of San Luis
Obispo, California, also described as the Harry E. Lyman House ; 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.
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 July 23, 2018 for the purpose of reviewing the proposed historic property
preservation agreement , and recommended that the City enter into the agreement ; and
WHEREAS, the City Council conducted a public hearing in the Council Chamber at
990 Palm Street, San Luis Obispo, California, on September 4, 2018 for the purpose of considering
approval of the historic property preservation agreement, and has duly 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; and
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Resolution No. ____ (2018 Series)
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
NOW, THEREFORE, BE IT RESOLVED, by the Council of t he City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the following
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 Harry E. Lyman House, located at 868 Upham 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 6, 2012 (Resolution 10338). 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 in California Environmental Quality Act
Guidelines § 15378 and are not subject to 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 Owners of the Historic Property Located at 868 Upham Street,” to be entered into
by the City and the property owners, Maggie and Jason Browning.
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 .
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Resolution No. ____ (2018 Series)
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.
On motion of Council Member ___________, seconded by Council Member __________, and
on the following roll call vote:
AYES:
NOES:
REFRAIN:
ABSENT:
The foregoing resolution was passed a nd adopted this 4th day of September 2018.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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 ______________, 2018.
____________________________________
Teresa Purrington,
City Clerk
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC
PROPERTY LOCATED AT 868 UPHAM 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 ________ , 2018, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
“City”), and Maggie and Jason Browning (hereinafter referred to as “Owners”), and collectively
referred to as the “parties.”
WHEREAS, Owners are the owners of that certain real property commonly known as
868 Upham Street (APN 003-646-014), and legally described as shown in the attached “Exhibit B”
(“Owners’ Property”); and
WHEREAS, Owners have agreed to enter into an Historic Property Preservation
Agreement with the City for the preservation, maintenance, restoration, or rehabilitation of
Owners’ 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 Owners, their 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 Owners or the City desire in any year not to renew the agreement, the Owners
or the City shall serve written notice of non-renewal 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.
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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 non-renewal.
d. If either the City or the Owners serve 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. Owners agree 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 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.
d. Owners agree 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 de vice, 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. 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.
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 Sect ion 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 rehabilit ate 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 cancellat ion 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);
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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 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 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 868 Upham Street , San Luis Obispo, California, Assessor’s Parcel Number
003-646-014, to the covenants, reservations, and restrictions as set forth in this agreement. The
City and Owners hereby declare their specific intent that the co venants, 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 ot her 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 ag reement
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: Maggie and Jason Browning
868 Upham 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
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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 Owners agree to hold the City and its elected and appointed officials, officers,
agents, and employees har mless from liabilit y 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 his contractor, subcontractor, agent, employee, or other person 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 employe es 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 operat ions 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 Owners;
however, the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day
and year written above.
OWNERS
____________________________________ ______________________________
Maggie Browning Date
____________________________________ ______________________________
Jason Browning Date
CITY OF SAN LUIS OBISPO
____________________________________ ______________________________
Mayor Heidi Harmon Date
Pursuant to authority conferred by Resolution No. __________(2018 Series)
ATTEST:
______________________________
Teresa Purrington
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 TEASS HOUSE LOCATED AT 868 UPHAM STREET,
SAN LUIS OBISPO, CALIFORNIA
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 868 Upham 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, foundat ions, and
surface treatments.
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:
▪ Maintenance of site landscaping, including: health of original trees behind the main
residence; replacement of dying and diseased trees;
▪ Replace dilapidated front door with a new door in keeping with the architectural style of
the residence;
▪ Update exterior lighting in keeping with historic style of house;
▪ Add HVAC system (for primary residence);
▪ Repair and rebuild fencing and retaining wall along the rear of property and the driveway
side of property;
▪ Replace roofing (of primary residence);
▪ Repaint interior of main house;
▪ Refinish original wood floors in main residence;
▪ Repaint exterior of main house;
▪ Re-glaze and restore original windows (of primary residence);
▪ General maintenance of roofing and interior and exterior surfaces, trim, and decoration of
primary residence, including painting and replacement, as necessary
▪ General maintenance, including landscaping, plumbing, heating, and electrical system.
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EXHIBIT “B”
Legal Description
For APN/Parcel ID(s): 003-646-014
PARCEL 1:
Lot 12 in Block 180 of Loomis' Addition to the City of San Luis Obispo, in the City of San
Luis Obispo, County of San Luis Obispo, State of California, according to Map recorded
January 4, 1877.
PARCEL2:
That portion of Lot 9 in Block 180 of Loomis' Addition to the City of San Luis Obispo, in
the City of San Luis Obispo, County of San Luis Obispo, State of California, according
to Map recorded January 4, 1877, described as follows:
Beginning at the most Northerly corner of said Lot and running thence Southeasterly
along the Northeasterly line thereof; 50 feet to the most Easterly corner of said Lot;
Thence Southwesterly along the Southeasterly line of said Lot, 39.1 feet; Thence
Northwesterly and parallel with the Northeasterly line of said Lo t, 50 feet to a point in the
Northwesterly line of said Lot; Then Northeasterly along said Northwesterly line, 39.1
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 docu ment.
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RESOLUTION NO . 10338 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERT Y
LOCATED AT 868 UPHAM STREET TO THE MASTER LIST O F
HISTORIC RESOURCES, CHC 63-1 1
WHEREAS,applicants Jason and Maggie Browning, on June 2, 2011, submitted a n
application to add their property to the Master List of Historic Resources ; and
WHEREAS,the Cultural Heritage Committee of the City of San Luis Obispo at a publi c
hearing held in the Council Meeting Room of City Hall, 990 Palm Street, San Luis Obispo,
California, on July 25, 2011, and recommended the Council add the property located at 86 8
Upham Street to the Master List of Historic Resources ; and
WHEREAS,the City Council conducted a public hearing on September 6, 2011, for th e
purpose of considering adding the property located at 868 Upham Street to the Master List o f
Historic Resources (CHC 63-11) and referred the project back to the CHC to determine whether th e
porch enclosure can remain and still make findings of integrity ; an d
WHEREAS,the Cultural Heritage Committee of the City of San Luis Obispo conducte d
a 2nd public hearing in the Council Meeting Room of City Hall, 990 Palm Street, San Lui s
Obispo, California, on October 24, 2011, and determined the porch enclosure can remain and stil l
make findings of integrity ; and
WHEREAS,the City Council conducted a public hearing on March 6, 2012, for th e
purpose of considering adding the property located at 868 Upham Street to the Master List o f
Historic Resources (CHC 63-11); 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, an d
the evaluation and recommendations by staff, presented at said hearing .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .Findings .The Council makes the following findings of consistency wit h
Historic Preservation Program Ordinance eligibility criteria for Master List Historic Resources :
1 . The house is eligible for the Master List of Historic Resources because it meets Histori c
Preservation Guidelines Historic Significance criteria for Architectural Criteria – Style . The
house is an excellent example of the Craftsman style with eclectic influences ; has integrity ;
purity of style ; and, effectively conveys the historical value of the property .
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Resolution No . 1033 8
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2.The house is eligible for the Master List of Historic Resources because it meets Histori c
Preservation Guidelines Historic Significance criteria for Architectural Criteria — Design . The
structure exhibits notable attractiveness with aesthetic appeal because of artistic merit, detail s
and craftsmanship .
3.The house is eligible for the Master List of Historic Resources because it meets Histori c
Preservation Guidelines Historic Significance criteria for Criteria for Building Evaluations —
Architect . The building was designed and built in 1912 by a prominent architect and builde r
in the local area and was lived in by Harry E . Lyman until his death in 1931 .
4.The house and associated outbuildings are eligible for the Master List of Histori c
Resources since the property meets Historic Preservation Guidelines Historic Significanc e
criteria for Architecture — Architect . Harry E . Lyman made significant contributions to Sa n
Luis Obispo by constructing many homes within the City of San Luis Obispo includin g
several historically designated homes in the City of San Luis Obispo and many other home s
which are now located in the Old Town Historic District and in the Upham Stree t
neighborhood area in the vicinity of 868 Upham Street .
5.The house is eligible for the Master List of Historic Resources criteria for Integrity sinc e
is occupies its original site and foundation ; has maintained its historic character an d
appearance to be recognizable as an historic resource and conveys the reasons for it s
significance with intact original building materials and architectural details in the exterior an d
interior ; and, the resource has retained its design, setting, materials, workmanship, feelin g
and association .
6.The enclosed porch does not alter the integrity of the resource since the porch enclosur e
was constructed during the era of significance of the residence, and it did not alter th e
original fabric of the residence since the original wall and windows still exist and th e
enclosure was of designed to blend with the architectural style of the building .
7.The enclosed porch does not materially alter the buildings ability to convey its historica l
significance as an excellent example of a Craftsman style home with eclectic influences sinc e
the building exhibits a high level of integrity of original interior and exterior features all th e
way around the structure and no additions or other alterations have occurred ; and, the
enclosed porch does not impact the structures ability to convey its significance as the home o f
Harry E . Lyman and his family .
SECTION 2 .Action .The Council of the City of San Luis Obispo does hereby add th e
property located at 868 Upham Street to the Master List of Historic Resources as the historic "Harr y
E . Lyman House".
SECTION 3 .Environmental Determination .The City Council has determined that th e
above actions do not constitute a project, as defined by Section 15308 of the Californi a
Environmental Quality Act and are exempt from environmental review .
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Resolution No . 1033 8
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Upon motion of Vice Mayor Carpenter, seconded by Council Member Smith, and on th e
following vote :
AYES :Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d
Mayor Mar x
NOES :None
ABSENT : None
The foregoing resolution was adopted this 6 th day of March, 2012 .
ATTEST :
Elaina Cano
City Clerk
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