HomeMy WebLinkAbout04-02-2013 c1 mills act 1144 palm chcma 136-12/counci lAagenda nepont
C I T Y O F S A N L U I S O B I S P O
FROM :
Derek Johnson, Director of Community Development
Prepared By :Brian Leveille, Associate Planne r
SUBJECT :APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC PAYN E
RESIDENCE (CHCMA 136-12).
RECOMMENDATION
As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills Ac t
contract for the historic Payne Residence located at 1144 Palm Street (CHCMA 136-12).
SITE DATA
Advisory Body Recommendatio n
The City recently received a request in November, 2012, by the owner of the Master List Payn e
Residence to be included in the Mills Act Program . The draft Mills Act contract was reviewed by th e
CHC on February 25, 2013 who unanimously recommended that the City Council approve the Mill s
Act contract for 1144 Palm Street (Attachment 8).
Mills Act Program
Historic Preservation is an important goal of the City's General Plan, as described in Conservation an d
Open Space Element policies 3 .21 .1, 3 .21 .4, 3 .30 .2 and Land Use Element policy 4 .12 . In December
2000, the City Council approved the Mills Act Program as an on-going historic preservation progra m
and allowed up to 10 additional historic properties to be included in the program annually . Originall y
begun in 1996 as a pilot program, the Mills Act Program allows the City to enter into preservatio n
contracts with the owners of designated historic properties who promise to preserve, maintain, and i n
some cases improve the properties in exchange for property taxreductions . As of February 2013, 4 9
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Applicant
Historic Statu s
Zoning
•General Pla n
Site Area
Environmenta l
Status
Michael and Judy Wise
Master List
0 (Office Zone )
Office
-11,340 square fee t
Categorically Exempt fro m
environmental review unde r
Section 15378 of the CEOA
Guidelines
MT'/ /201 3
4 n Nv1.,
Cl
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Council Agenda Report — Mills Act Contract for 1144 Palm Stree t
April 2, 201 3
Page 2
historic residential properties are benefiting from the program and realizing property tax reduction s
(Attachment 2, List of Historic Properties under Mills Act Contract). Although there were no Mills Ac t
requests in 2012, this application is one of three requests being considered so far this year .
Mills Act Contract
By providing a financial incentive, the Mills Act Program is one of the most effective tools available t o
encourage the preservation of heritage properties . Only commercial and residential properties on th e
Master List of Historic Resources are eligible for the program . The attached Mills Act contract wa s
prepared using standard language provided by the State Historic Preservation Office (Attachment 8 ,
Draft Mills Act Contract). Standard features of the contract include :
•The County Tax Assessor assesses the historic property's value using a "Capitalization of Income "
method. This assessment method can often result in significant property tax savings, particularl y
for properties acquired after the 1990s . If the contract is canceled, the assessment is graduall y
increased to market value basis over the remaining ten year contract term .
•The property owner must promise to preserve the building and to use the tax savings to maintai n
and/or improve the historic building to enhance its historical value, exterior appearance, structura l
condition, or longevity . Each contract includes an exhibit which lists the maintenance an d
improvement measures for which tax savings will be used .
•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 o f
performance .
•Mills Act contracts have a minimum 10-year term . The agreement is self-renewing annually fo r
additional 10-year terms, so there are always 10 years remaining on the contract until the owner o r
City decides not to renew the contract . Once written notice of non-renewal is given, the contrac t
will remain in effect for the balance of the ten year term remaining . The agreement may b e
amended by mutual consent of the City and property owner .
•Building changes are possible under the contract ; however changes must comply with all Cit y
requirements and with the Secretary of the Interior's Standards for the Treatment of Histori c
Properties, with the guiding objective being the preservation of the building's original historica l
character and significance .
DISCUSSION
Property/Site Description
The Payne residence is an eclectic Craftsman style residence constructed in the 1911-1913 timeframe .
The Historic Resources Inventory completed in 1983 provides a description of the architectura l
characteristics of the building which was designed by a prominent San Francisco Architect, Charle s
McKenzie who designed the house for Lydia and Howard Payne (Attachment 3). Howard Payne wa s
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Council Agenda Report — Mills Act Contract for 1144 Palm Stree t
April 2, 201 3
• Page 3
an attorney and court reporter who resided at another Master List Historic Property in the City locate d
at 1445 Broad Street (Falkenstein House). The eaves are dramatically upturned and flared in a styl e
reminiscent of a pagoda . The architectural style of the structure is thought to be influenced by th e
Payne's trip to China in the early 1900's . The house's common name is the "Pagoda House" which i s
unique in the City as a dramatic example of the Craftsman style with oriental influences .
The home has remained in th e
O'Conner family since 1916 .
According to the applicant's
submittal letter (Attachment 4),
John and Margaret O'Conner an d
their daughter Mary began rentin g
the house in the 1916 timeframe an d
purchased the house a couple year s
later for $6,000 . The house ha s
remained a residence of th e
descendants of John and Margare t
O'Conner, and is owned and reside d
in currently by Michael Wise, great
grandson of John 0'Conner, an d
• his spouse Judy Wise .Figure I . 1144 Palm Street, front elevatio n
Proposed Improvements
The applicant is requesting to be part of the Mills Act Program to provide for ongoing maintenance ,
preservation and site improvements (Attachment 5, List of Improvements). The applicant's list o f
proposed improvements is as follows :
Status Timefram e
1 Fireplace repair 1 yea r
2 Repair concrete or replace as necessary 1 yea r
3 Replace deteriorated handrails from 1960's era 1 yea r
4 Repair double hung windows/return to operational state 1 yea r
5 Replace or remove gas lines and valves 1 yea r
6 Repair or replace floors (foyer and upstairs bedroom priority)2 years
7 Install privacy fence in back yard 2 years
8 Concrete . Engineering study of foundation and basement 3 years
9 Grade . Correct backyard grade to prevent water damage 3 years
10 Heating unit. Replace the gas heating system 3 years
11 Stucco . Repair deteriorated stucco on front porch 4 years
12 Gutters . Replace or repair roofline gutters .4 years
13 Repair and restore front porch 5 years
14 Replace sewer lateral 6 years
15 Update plumbing 7-10 years
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16 Various maintenance (painting, roof, chimney, cabinets, antique fixtures ,
HVAC installation, driveway paving)
Council Agenda Report —Mills Act Contract for 1144 Palm Stree t
April 2, 201 3
Page 4
Staff conducted a site visit and confirmed that the above mentioned items will help maintain an d
enhance the historic character of the building and contribute towards the long term preservation of th e
structure . The attached draft Mills Act Contract describes agreed upon improvements that addres s
these items as well as other projects that will enhance or maintain the building's historic character i n
an exemplary fashion .
FISCAL EVALUATIO N
The Mills Act Program is the only direct financial incentive to encourage historic preservation . The
purpose of the benefit is to support the ongoing maintenance and preservation of historic properties .
The Mills Act reduces the tax base liability and therefore reduces the annual tax payment in exchang e
for Historic property maintenance and upgrades .
The current tax rate for properties in the City is approximately 1 .1% The City receives approximatel y
14 .9% of this 1 .1% and the remainder goes to other resources such as the County and the schoo l
district . For example, annual tax on a property with a base value (land and improvements) of $600,00 0
would be approximately $6,000 and the City would receive approximately $894 annually .
There were 55 Mills Act contracts as of February 2013 . Six of these contracts cover commercia l
buildings and 49 apply to residential structures . The County Assessor has reported that the annual ta x
revenue to the County has been reduced by approximately $212,000 due to City of San Luis Obisp o
Mills Act contracts . This resulted in a reduction of approximately $31,000 in annual tax revenue to th e
City; an average of approximately $560 per residential contract .
Staff has provided a preliminary estimate of property tax savings and anticipated costs associated wit h
the property owners proposed improvements (Attachment 6, Fiscal Evaluation). Based on a
comparison of the estimated tax savings and the costs associated with preservation/maintenance of th e
property, staff has determined the approximate cost of the proposed improvements under the Mills Ac t
contract will exceed the tax savings . These approximate calculations are preliminary ; the Count y
Assessor will provide accurate figures following City Council approval of the Mills Act contract .
Approximate 10 year savings to owner realized under Mills Act contract :$38,00 0
Approximate 10 year cost of proposed improvements to owner :$151,00 0
RECOMMENDATION
Adopt the attached resolution (Attachment 9) approving a Mills Act contract for the Master List Payn e
Residence located at 1144 Palm Street (CHCMA 136-12).
ALTERNATIVE S
1.Continue the item for additional analysis or research .
2.Deny the property owners request to enter into a Mills Act agreement with the City . Staff does no t
recommend this alternative since there would not be an agreement in place for ongoing histori c
preservation.
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Council Agenda Report — Mills Act Contract for 1144 Palm Stree t
April 2,201 3
Page 5
ATTACHMENT S
1.Vicinity Ma p
2.List of Historic Properties under Mills Act Contract, February 201 3
3.Historic Resources Inventory, 1144 Palm Stree t
4.Applicant's request letter and property backgroun d
5.List of Improvement s
6.Fiscal Evaluatio n
7.February 25, 2013 CHC Minute s
8.Draft Mills Act Contrac t
9.Draft Resolutio n
T :\Council Agenda Reports\2013\2013-04-02\Mills Act Request - 1144 Palm (Johnson-Leveille )
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VICINITY MAP File No . 136-1 2
1144 PALM
,T city o f
san Us oBlsp o
List of Historic Properties Under Mills Act Contract s
Updated February, 201 3
Note : Property Ownership may not be current
Property Owner Address Historic Name Date Approve d
1 . Long Street Farm LLC 3897 South Higuera Long-Bonetti Ranch 8/13/1998*
*( This property is not under an official Mills Act contract, however a preservation agreement was recorded that restricts the tax base similar t o
a Mills Act contract).
2 .Randy & Shayne LaVack 670 Islay Fitzpatrick House 11/18/199 7
3 .Robert & Zoey Schrage 1167 Marsh .Graves House 9/16/199 7
4.G. Johnson & V . Wood 547 Marsh Kaetzel House 11/18/199 7
5 .Malcolm & Peggy Carlaw 461 Islay Erickson House 9/16/199 7
6 .Catherine Tait 591 Islay Sandercock Home 9/16/199 7
7 .Michael & Diane Draze 752 Buchon Stanton House 9/16/199 7
8 .Astrid Gallagher 1763 Santa Barbara Tribune-Republic Bldg .9/16/199 7
9 .Astrid Gallagher 1717 Santa Barbara William M . Duff House 9/16/199 7
10 . Astrid Gallagher 1725 Santa Barbara Andrew Galewski House 12/17/199 8
11 . H . Duran & B . Horrocks 1105 George Edward F . Bushnell House 9/16/1997
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y of San Luis Obispo List of Mills Act Properties, February 2013
S S
Page 2
12 . Mark Waters 896 Buchon Cosset House 9/16/199 7
13 . Mary McIntire 745 Buchon Bradbury Home 9/16/199 7
14 . Adrienne Riley 1426 Broad Giffin or Dutton House 12/17/199 8
15 . Bill & Michelle Walters 1504 Broad Vetterline House 9/16/199 7
16 . Robert Carpenter 1511 Morro .Martha Dunlap House 9/16/199 7
17 . John & Melissa Louch 1435 Broad George Miller House 11/17/199 7
18 . Keith & Kathy Godfrey 963 Broad Manderscheid House 9/16/199 7
19 . Gary Toll 1117-1119 Marsh Esquar House 12/17/199 8
20 . Javad Sani 1212 Garden McCaffrey House 11/20/200 1
21 . David Hannings 642 Monterey Hays/Latimer Adobe 11/20/200 1
22 . Steven & Ilene Sicanoff 1720 Johnson Ave The Judge's House 11/20/200 1
23 . Gordon & Deanne Oliver 1428 Nipomo Rogers/Sandercock House 11/20/200 1
24 . Richard & Adian Lenz 559 Pismo Biddle House 12/17/199 8
25 . Vince Fonte, Rob Rossi ,
Brendan McAdams
1314 Palm Righetti House 01/18/200 5
26 . Russell & Rea Berg 1306 Mill Lind House 11/01/200 5
27 . Brendan & Katherin e
McAdams
1323 Mill Laird House 11/01/2005
City of San Luis Obispo List of Mills Act Properties, February 201 3
Page 3
28 . Steve & Laurie Butler 497 Islay Vollmer House 02/21/2006
29 . Steve & Susan Lutnm 1500 Eto Cir Solomon Foreman House 09/17/200 1
30 . Dr. William Watson 800 Palm Ah Louis Store 12/15/200 6
31 . Dan & Sandy Carpenter 2030 Johnson Ave Old SLO Economics Bldg .04/03/2007
32 . Cornel Artho & Shelby Bentz 1746 Chorro Aston Home 10/16/200 7
33 . RKE Properties II 1160 Marsh Stover's Sanitarium 04/01/200 8
34 . Matt Quaglino 1266 Mill Shipsey House 06/03/200 8
35 . Pierre & Terri Rademaker 1333 Mill Burch House 06/03/200 8
36 . Stephen Linder & Cynthia Semel 1429 Osos Frank Campbell Mitchell House 06/17/200 8
37 . James & Diane Duenow 1443 Osos Avila House 07/15/200 8
38 . Michael & Sharon Singleton 1052 Islay Kaufman House 09/02/200 8
39 . Joann Quaglino 1546 Chorro Fleuger House 09/16/200 8
40 . Dora Drexler, Et . Al .1460 Mill Mugler House 10/07/2008
41 . Jennifer Blomfield 785 Buchon Marshall House 10/21/200 8
42 . Conrad Young 1424 Mill.Maine House 01/06/200 9
43 . Michael & Theresa Mulvihill 375 Chorro Chris Anholm House 06/02/200 9
44 . Barry Jones 148 Broad Yard Shephard House 07/06/2010
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y of San Luis Obispo List of Mills Act Properties, February 201 3
Page 4
45 . Gordon and Stacy Edmonds 535 Islay Street Sandercock House 07/06/201 0
46 . Matthew and Sarah Ritter 1352 Pacific Charles John Kelley House 06/23/201 1
47 . Thom Brajkovich 1318 Pacific Louisiana Clayton Dart House 05/17/201 1
48 . Hamish Marshall 1880 Santa Barbara Railroad Square 05/03/2011
G:\CD-PLAN \Pdunsmore\CHC\Malls Act\Mills Act properties Feb 2013 .docx
State of California — The Resov AgencyDEPARTMENTOF PARKS AND;<.. IREATIO N
HISTORIC RESOURCES INVENTORY
NABS H~EEpp fNvRpN~~o .~O~n-a~jj aii4 3NUTM:AB A 0 71280tr .;9668 /Y-am ain
fra
C D
IDENTIFICATION Pagoda Hous e1.Common name :
2.Historic name :Payne Residenc e
3.Street or rural address :1144 Palm Stree t
City San Luis Obispo Zip 9340 1 County San Luis Obisp o
4.Parcel number :02-325-1 0
5 . Present Owner :Fisher, M .U.Address :1144 Palm Stree t
City San Luis Obispo Zip 9340 1 Ownership is : Public Private X
Present Use :Residentia l Original use :Residentia l
DESCRIPTIO N
7a.Architectural style :California Bungalo w
7b.Briefly describe the present physical description of the site or structure and describe any major. alterations from it soriginal condition :
This rectangular shaped structure sitting on a medium foundation has a
gablet with bellcast roof with turn at the edges . The roof is covered wit h
composition shingle roofing material, while the external walls are covere d
with stucco . A large, main dormer rests over the porch, while two smalle r
dormers are located on either side . The open porch is located at the cente r
of the porch, and the doorway is made of a very nice natural wood stain .
The door has one glass pane, and there are set-in sidelights on either sid e
(only 1/2 the length of the door). The windows are plain in comparison ,
being sliding and/or fixed type with simple molded trim . The house has a n
overall dramatic appearance due to the obvious oriental influence in th e
roof . The porch is centered to one side with pillars on both sides .
8.Construction date :
Estimated Factual 1 a11-1 3
9.Architect Charles McKenzi e
10.Builder H 11 Paynn
11.Approx. pr6opertv size (in feet)
18 0FrontageDepthor approx . acreage
12.Date)ofenclose 1d p9h8olograph(s )
;DPR 523 (Rev.4/79)C1-11
13.Condition : Excellent _Good X Fair Deteriorated , No long€r in existence
14.Alterations :•
15.Surroundings : (Check more than one if necessary) Open land _Scattered buildings _ Densely built-up
Residential X Industrial Commercial Other :
16.Threats to site :None known X Private development_ Zoning _ Vandalis m
Public Works.project _Other :
17.Is the structure :On its original site?Yes Moved?Unknown?
18.Related features :
SIGNIFICANC E
19.Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site.)
Construction on this Craftsman house with its distinct pagoda characte r
began in 1911 and was completed about 1913 .Architect,Charles McKenzi e
of San Francisco, designed the house, the only one of its kind in th e
city,for Howard and Lydia Payne . The deliberated oriental effect o f
turned up eaves was inspired,or so says local legend, by the Payne's
trip to China in the early 1900's .Howard Payne was an attorney an d
court reporter who previously resided at 1445 Broad, another notabl e
house . The one and one-half story,45 x 32' concrete and wood dwellin g
cost about $3900 . H .D . Payne, a local contractor and possibly a relative
of Howard, did the construction .
20.Main theme of the historic resource : (If more than one is
. checked, number in order of importance .)
Architecture 1 Arts & Leisure
Economic/Industrial 2 Exploration/Settlement
Government Military
Religion Social/Education
21.Sources (List books, documents, surveys, personal interview s
and their dates).
City Building Permits (1911 )
City Directory (1912, 1914 )
22.Date form prepared Il i 'l 1 5 19RI
By (name)Historic Res . Survey Staf f
Organization City of San Luis Obisp o
Address : P .O . Box 32 1
City San Luis Obispo Zip 9340 1
Phone :(805)541-1000
Locational sketch map (draw and label site an d
surrounding streets, roads, and prominent landmarks):
NORTH
1
Reflections ...S .L .O . Histor y
elln keeping with the history of man yWestern frontier towns, the dis-tinctive charm of San Luis Obisp ois vividly expressed through it svarious architectural styles, fro mthe grandiose to the humble, th eclassical to the regional . Becaus eof its relative geographic isolatio ncultural trends, in_Eeneral, an dedificial patterns, in particular ,
were absorbed in the Central Coas t
often twenty to forty years late rthantheir birth on the Eastern sea -board ,
The traditional agrarian nature . o f
the community, the paradoxical blen d
of antithetical Hispanic and Angl ecultures, and finally, the gradua levolution into a railroad town allcontributed to a unique lineage o fvernacular-or local, nonstylistic -designs .
Residences were often the indi-
vidualized creations of builder s
as used plans from pattern book s
as prototypes for construction .Design elements from as many a s
three or four distinct architec-
tural styles were arbitrarily bor -
rowed-sometimes without any real
consistency-and combined into th ethree dimensional forms that ca nonly be described as hybrid ,
vernacular architecture .
Compared to architects, the build -ers, particularly of Californi a
small towns, were a relatively con -
servative group . Having no forma l
training, the latter were less re -
luctant to fully embrace contempo -
rarydesigns, and almost rarely, i f
ever,, built in any "pure styles".
They were prone to incorporate onenew detail or feature rather tha n
introducing an entirely innovativ ecreation.
Nevertheless, there were occasiona lhomes that were erected under th edelicate eye of a professionall y
trained architect . One such hous e
that never fails to capture secon d
looks is the Pagoda home with it s
conspicuous oriental flavor, a t
1144 Palm . Its construction in th e
early 1910's perhaps symbolizes a
cosmopolitan eclecticism, a com-munity which, through the arriva l
of the Southern Pacific railroad ,
began to experience greater contac t
with the various cultures afforde d
by metropolitan areas such as San
Francisco .
Actually, the impetuousity fo rbuilding the Palm Street house wa sa first hand visit to China b yHoward and Lydia Payne in the earl y1900's .
Apparently Lydia Payne was intrigue d
by the Client . She insisted, accord -
ing to local legend, on having aPagoda house built . It is knownfor certain, however, that for thi srather unlikely task in San Lui sObispo they commissioned the prom -inent San Francisco architect ,Charles McKenzie .
The application for the permit t obuild, dated October 14, 1911, pe -titions for a forty-five by thirty -
two feet, one and one-half stor y
craftsman house, estimated to cos t
$3,900 . It was completed abou t
1913 .
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Rehab Right City of Oakland
Attachment 4
Page l of 2
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The Payne House
Application for the Mills Act
February 13, 201 3
The Mills Act
The Payne House, located at 1144 Palm Street, San Luis Obispo, CA, was added to the Master List o f
Historic Resources (Serial Number 0084-03R) (Eligible for National List) in the inaugural list of 1983 .
The Payne House has remained a residence for 100 years and is the last remaining residence on its block
facing Palm Street. Functionality and longevity of the house will be increased by maintenance, repairs ,
and renovation to most of the systems of the house, including plumbing, stucco, concrete, heating ,
electrical, flooring, and windows . Some updating has commenced since October, 2012, particularl y
replacement of the knob and tube electrical wiring . Financial tax incentives provided in the Mills Act wil l
fund maintenance, repair and renovation of deteriorated structural features of the Payne House so that i t
remains intact for future generations .
Constructio n
The Payne House, a one and one half story Craftsman style house, located at 1144 Palm Street, Sa n
Luis Obispo, California, was constructed in 1911-1913 at a cost of $3,800, designed by noted San Jos e
architect, Charles McKenzie, labor furnished partly by students of the newly established Cal Pol y
technical school . Originally owned and built by San Luis Obispo attorney Howard Payne and his wif e
Lydia, the oriental roofline was influenced by their visit to China in the early 1900s . The design i s
Craftsman Style using Neoclassic forms . The main roof is gabled with turned up "pagoda" motif, rathe r
than bellcast eaves. The roof has a central placed dormer, a similarly gabled smaller roof crowns th e
porch . The exterior is stucco . The recessed porch is flanked by square pillars, reminiscent of Missio n
architecture, and elevated from the street level by concrete stairs . The oak entry area includes a door and
elongated windows . Two bay windows and associated elongated windows flank the covered porch an d
entry area.
O'Connor Famil y
Howard Payne's business took him to the Bay Area several years after the house was built . John an d
Margaret O'Connor and their daughter Mary began renting the house about 1916 and purchased the hous e
for $6,000 a couple of years later. John O'Connor is the son of Patrick O'Connor, pioneer dairyman i n
the Los Osos Valley . He operated the O'Connor Dairy in the 1890's and then became the first probatio n
officer in San Luis Obispo County working with juvenile offenders at the former juvenile detentio n
building near the old General Hospital . The house has remained a residence of the descendants of John
and Margaret O'Connor, currently by Michael Wise, great grandson of John O'Connor, and spouse,Judy
Wise .
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Page 2 of 2
Zoning History
The city block where the house is located has changed character since 1970 . The bloc k
was entirely residential until the 1970's when zoning of the entire block was changed t o
"Office", whereupon seven of the ten adjacent lots facing Palm Street were quickly converted t o
office and apartment use and three of the houses, including a large Victorian and a Spanish moti f
house, were demolished in the 1970's to erect a modem apartment building and accountant's
offices . The Payne House is the only remaining single family residence in this "Office" zone.
City policy encourages "mixed use", so retaining this home as a residence is consistent wit h
planning and zoning policy .
Photograph s
The Payne House has been featured in architectural books describing distinctive San Lui s
Obispo buildings, including "San Luis Obispo, A History in Architecture" by Janet Penn Frank s
(2004), p 94, and "A Brief Architectural History of San Luis Obispo County" by Ken Haggar d
(2008). The historical interior of the home retains the German craftsman furniture constructe d
in the 19 u' century. Photographs of the front exterior of the house from the 1920's, 1930's ,
1940's, and 2000's are included with this report .
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Attachment 5
Page 1 of 3
Proposed List of Mills Act Improvement s
February 13, 2013
Subject Property: Payne House, located at 1144 Palm Street, Serial Number0084-03 R
Owners : Michael G . Wise and Judy A . Wis e
Functionality and longevity of the Payne House will be improved by maintenance, repair an d
renovation to many of the systems of the house, including concrete and stucco on the walkways, steps ,
front porch, and foundation, as well as, plumbing, heating systems, floors, and window casements .
Progress will be made continuously over the next ten years, as listed below .
Structural Improvement s
Tax savings from the Mills Act Contract will be used to offset some of the maintenance, repai r
and renovation costs of the house as listed in the following table . This table represents the bes t
estimate of the activities, timing, and cost as of the date of this submission, but priorities will change to
meet changing circumstances .
Consistent with San Luis Obispo Historic Preservation Ordinance and Guideline s
Our objective is to restore as much of the original character of the house, both interior an d
exterior, as well as, to improve functionality (e .g., increase bathroom and electrical capacity). Wit h
regard to the City's Historic Preservation Ordinance and Guidelines, exterior building changes will b e
consistent with the original style of the structure and the replacement materials will have the look an d
feel of the original materials to the extent possible (i .e., replacement materials will be compatible wit h
the exterior features of the building as to size, shape, quality and appearance). Changes made t o
exterior features after the original construction will be returned to the original design and simila r
materials when practical or updated for safety (e .g ., front drain gutter, handrails).
Year201 3
Repair Site Proposed Completion Completion Date Projected Cos t
Electrical Wiring .
Replace Origina l
Electrical Wiring (Kno b
and Tube) and ad d
circuits
May 1, 2013 $10,000
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Page 2 of 3
Year 2014
Repair Site Proposed Completion Completion Date Projected Cos t
Fireplace.
Replace firebrick an d
repoint .
April 1, 2014 $1,50 0
Concrete .
Repair or replac e
cracked concret e
walkways, porch and
steps in front and sid e
of the house .
April 1, 2014 $3,000
Handrails.
Remove deteriorate d
front center handrails
and replace on the sid e
of the front porch an d
sidewalk steps . (Th e
handrails are no t
original and wer e
installed in the 1960's .)
April 1, 2014 $2,000
Windows.
Free up windows t o
allow opening. Replac e
ropes on double hun g
windows and windo w
crank mechanisms o n
other windows . Instal l
shutters on unsealed S E
and NW facing doubl e
hung windows .
April 1, 2014 $3,00 0
Gas Lines .
Replace or remov e
gas lines and valves
April 1, 2014 $1,000
Year 2015
Repair Site Proposed Completion Completion Date Projected Cos t
Floors .
Repair or replac e
floors, particularly i n
foyer and upstairs front
bedroom .
April 1, 2015 $5,000
Fence .
Install Privacy Fence i n
Backyard
April 1, 2015 $5,000
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Page 3 of 3
Year 2016
Repair Site Proposed Completion Completion Date Projected Cos t
Concrete .
Engineering study o f
foundation an d
basement.
April 1, 2016
_
$1,000
Grade . Correc t
backyard grade t o
prevent rain water from
saturating the soil nea r
the house .
December 1, 2016 $2,00 0
Heating Unit.
Replace the gas heatin g
system
December 1, 2016 $7,00 0
Year 2017
Repair Site Proposed Completion Completion Date Projected Cos t
Stucco .
Repair deteriorated
stucco on front porch .
December 1, 2017 $7,50 0
Gutters .
Replace or repai r
roofline gutters .
December 1, 2017 $2,50 0
Year 201 8
Repair Site Proposed Completion Completion Date Projected Cos t
Replace sewer lateral December 1, 2018 $10,00 0
Year 201 9
Repair Site Proposed Completion Completion Date Projected Cos t
Plumbing .
Update Plumbing.
December 1, 2019 $10,000
Years 2020 and beyond Address maintenance ,
repair, and renovation ,
such as painting, roof ,
chimney, cabinets,
antique fixtures, HVA C
installation, pave
driveway .
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Mills Act Property Tax Savings Estimate 'Attachment 6
1144 Palm Stree t
Historic Payne Residenc e
Current assessed valuatio n
Estimate of annual Historic Preservation repair and maintenance cost s
Estimate of operations, insurance and general maintenance cost s
Estimate of potential monthly rent of property
$ 500,000.00
$ 5,000 .00
$ 1,100 .00
$ 2,500 .00
Gross Income - (Fair Rent )
1.Gross Income From Rent (monthly rent x 12 months)$ 30,000.00
2.Anticipated vacancy and collection loss (5% of gross income from rent)$1,500 .00
3 Effective Gross Income (subtract #2 from #1)$ 28,500 .0 0
Net Operating Income (Effective Gross Income - Maintenance Costs )
4 . Maintenance Costs (item B + item C )
5 Net Operating Income (subtract #4 from #3 )
Restricted Value (Net Operating Income / Restricted Cap . Rate)
6.interest Rate 0 .08
7.Risk 0 .04
8.Property Tax (basic tax plus any special taxes for district)0 .01 1
•9. Amortization Rate (50 year remaining life;
improvements 70% of total property value .02 x .70)0 .01 4
10 . Restricted Capitalization Rate 14 .5 %
11 Restricted Value (divide #10 into #5)$154,483
$ 6,100 .0 0
$ 22,400 .00
12.Current Assessed Valu e
13.Tax Rat e
14 Current Assessed Value in Annual Property Ta x
15.Restricted Valu e
16.Tax Rate
17 Restricted Value in Annual Property Tax (a .k .a new annual property tax)
$500,00 0
0 .01 1
$5,50 0
$154,483
0 .011
$1,699
*fixed Rates in Itali c
Definitions
Interest component : Pre-determined on an annual basis by the State Board of Equalization .Historic property risk component : 4% in the case of owner-occupied dwellings and 2% in all others.•Amortization component : A percentage equal to the reciprocal of the remaining life of the improvements .Property tax component : Defined as the percentage of the estimated total tax rate applicable to th eproperty for the assessment year multiplied by the assessment ratio .
' These approximate calculations are preliminary; the County Assessor will provide accurate figures following City Council approval o f
the Mills Act Contract.
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ATTACHMENT 7
DRAF T
SAN LUIS OBISP O
CULTURAL HERITAGE COMMITTEE MINUTE S
February 25, 201 3
ROLL CALL :
Present : Committee Members Thom Brajkovich, Hemalata Dandekar, Jaime Hill ,
Patti Taylor and Chairperson Enrica Costell o
Absent :Vice-Chair Bob Pavli k
Staff :Senior Planner Phil Dunsmore, Associate Planner Brian Leveille, Assistan t
Planner Marcus Carloni, and Recording Secretary Dawn Rudde r
ACCEPTANCE OF THE AGENDA :
The agenda was accepted as presented .
MINUTES :
Minutes of January 28, 2013 were approved as amended .
PUBLIC COMMENTS ON NON-AGENDA ITEMS :
Dean Miller discussed the January minutes and noted that a change to his comment s
regarding "placing 550 Dana on the CHC agenda as soon as possible" should b e
incorporated into the minutes .
PUBLIC HEARING ITEMS :
1 .1123 Pismo Street .CHCMA 132-12 ; Request to enter into a Mills Act contract fo r
the Master List "Nuss House"; R-2-H zone ; Brian O'Kelly, applicant (Marcus Carloni)
Marcus Carloni, Assistant Planner, presented the staff report, recommending th e
adoption of the draft Cultural Heritage Committee Resolution recommending the Cit y
Council approve the Mills Act Historic Preservation contract for the historic Nuss House ,
as described in the draft contract based on findings and subject to conditions which h e
outlined .
Committee Member Brajkovich questioned if there was a historical person associate d
with this property . Mr . Carloni stated that this structure was recommended based o n
architectural significance .
Committee Member Dandekar questioned whether the brick steps at the entry porch wil l
remain . Mr . Carloni stated the steps are a later addition . The porch originally had win g
walls finished with siding and the applicant proposes to reconstruct the wing wall s
based on historic photographs .
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C1-20
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ATTACHMENT 7
Draft CHC Minute s
February 25, 201 3
Page 2
PUBLIC COMMENTS :
Brian O'Kelly, applicant, summarized his plans to restore the home to its original for m
and urged the Committee to approve the project as presented .
COMMITTEE COMMENTS :
Committee Member Hill stated that Section 4 item B on the Mills Act Contract, should b e
amended to read "The building's interior closely relates ..." and also suggested tha t
additional language be included to ensure priority items (i .e . exterior improvements) ar e
completed first . She is also in favor of the project being approved .
Committee Member Brajkovich supports the Mills Act request . He stated exterio r
improvements should take precedence over the interior .
Chairperson Costello voiced concern over the inside not being livable if exterio r
improvements were to take place prior to interior improvements .
Committee Member Taylor concurred with Committee Member Brajkovich that th e
exterior should be completed first .
There were no further comments made from the Committee .
On motion by Committee Member Braikovich, seconded by Committee Member Taylor ,
recommended the approval of the application allowing the City to enter into a Mills Ac t
Historic Preservation Agreement with modifications to Section 4B to read "The buildinq's
interior ..." removing the word"If .
AYES :Committee Members Brajkovich, Dandekar, Hill, Taylor and Costell o
NOES :Non e
RECUSED :Non e
ABSENT :Vice-Chair Pavli k
The motion passed on a 5 :0 vote .
2 .863 Pacific Street .CHCMA 139-12 ; Request to enter into a Mills Act Contract fo r
the Master List "Zion Lutheran Church" building ; 0 zone ; Cayucos Cowboys, LLC ,
applicant .(Liz Brighton)
Marcus Carloni, Assistant Planner, presented the staff report, recommending th e
adoption of the draft Cultural Heritage Committee Resolution to recommend the Cit y
Council approve the Mills Act Historic Preservation contract for the historic Zio n
Lutheran Church Building, as described in the draft contract based on findings an d
subject to conditions which he outlined .
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ATTACHMENT 7
Draft CHC MinutesFebruary 25, 201 3
Page 3
PUBLIC COMMENTS :
The applicant representative summarized the improvements completed and asked th e
committee to approve the project based on findings stated in the staff report . He als o
stated that as there have been no changes made to the Parsonage building other tha n
the enclosing of the front porch, he will come back at a later date with an application t o
request that the Parsonage be recognized as an additional structure in the Maste r
Listing for 863 Pacific Street .
Dean Miller, San Luis Obispo, voiced opposition to the approval of the property to th e
Mills Act due to the Parsonage building not being included in the application . H e
summarized that he believes the buildings were listed as one property and should be o n
the Master List together.
Mr . Dunsmore stated that the contract can be amended at a later date to add th e
Parsonage building to the contract once the Parsonage building is added to the City's
Master List .
The applicant representative indicated he would like to move forward with this Mills Ac t
application . The applicant also stated that he intends to request the review of th e
Parsonage building at a future date .
COMMITTEE COMMENTS :
Chairperson Costello expressed concern with a newly installed metal rain gutter on th e
eastern elevation of the church structure .
The applicant representative stated the metal gutters were added on the easter n
elevation to protect the structure from water damage . The applicant also stated that th e
wooden gutters on the elevation with street frontage have been repaired and restored .
Chairperson Costello voiced interest in including the additional buildings on the property
as an amendment to the contract as a condition to a motion .
Dean Miller, San Luis Obispo, stated that the inappropriate items should be remove d
and done properly .
Committee Member Brajkovich stated that the added gutters are not significant as the y
are a functional element to the property .
Committee Member Dandekar concurred with Committee Member Brajkovich .
Committee Member Hill noted the contract should be modified to clarify the interior i s
part of the historic resource .
There were no further comments made from the Committee .
•
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C1-22
ATTACHMENT 7
Draft CHC Minute s
February 25, 201 3
Page 4
•On motion by Committee Member Hill, seconded by Committee Member Dandekar ,recommended approval of the application allowing the City to enter into a Mills ActHistoric Preservation Agreement with modifications to Section 4B to read "The buildinq'sinterior..." removinq the word "If".
AYES :Committee Members Brajkovich, Dandekar, Hill and Taylo rNOES:Chairperson Costell oRECUSED:Non eABSENT:Vice-Chair Pavli k
The motion passed on a 4 :1 vote .
3 .1144 Palm Street .CHCMA 136-12 ; Request for a Mills Act Contract for the Maste rList "Payne House"; 0 zone ; Michael Wise, applicant .(Brian Leveille)
Marcus Carloni, Assistant Planner, presented the staff report, recommending th eadoption of the draft Cultural Heritage Committee Resolution recommending the Cit yCouncil approve a Mills Act Historic Preservation contract for the historic Payn eResidence, as described in the draft contract based on findings which he outlined .
PUBLIC COMMENTS :
•Michael Wise, applicant, discussed how the property has remained in the family sinc enearly the time the house was originally constructed and that the house has a significan tamount of deferred maintenance that needs to be completed .
COMMITTEE COMMENTS :
Committee Member Hill noted the contract should be modified to clarify the interior i spart of the historic resource .
On motion by Committee Member Hill, seconded by Committee Member Taylor ,recommended approval of application allowinq the City to enter into Mills Act Histori cPreservation agreement with modifications to Section 4B to read "The building'sinterior..." removing the word "If".
AYES :Committee Members Taylor, Brajkovich, Dandekar, Hill and Costell oNOES:Non eRECUSED: Non eABSENT:Vice-Chair Pavli k
The motion passed on a 5 :0 vote .
4 .868 Chorro Street .ARCMI/ER/H 151-12 ; Review of rehabilitation and addition t o•the Master List "Mancilla/Freitas Adobe" project ; R-4 zone ; Chris Hammer ,applicant .(Brian Leveille)
Phil Dunsmore, Senior planner, gave a general history of the property to the Committee .
C1-23
ATTACHMENT 7
Draft CHC Minute s
February 25, 201 3
Page 5
Brian Leveille, Associate Planner, presented the staff report, recommending th e
Community Development Director approve the proposed rehabilitation and addition t o
the Historic Mancilla/Freitas Adobe based on findings which he outlined .
Staff recommended that prior to final occupancy ; a plaque shall be installed in a locatio n
that is visible from the Chorro Street right of way, which discusses the histori c
significance of the adobe .
Committee Member Taylor questioned whether the plaque recommendation is include d
in the resolution . She also wanted clarification if the recommended modifications to th e
porch supports are included in the plan set submittal . Mr . Leveille indicated that th e
plaque would need to be added as a condition and the posts are represented in th e
elevations .
Committee Member Hill questioned whether the parking is sufficient with the additiona l
rooms . Mr . Leveille indicated that there was sufficient parking .
Committee Member Brajkovich is supportive of the proposed project . He mad e
suggestions of material to use in order to allow the project to appear historic .
Thom Jess, Applicant's architect, summarized plans for the project . He pointed out tha t
Archeology was a concern and an Archeologist will be on the project to to monito r
ground disturbing activities . He indicated they will need to correct drainage issue s
which threaten the adobe at the time of grading . He noted the applicant is in full suppor t
of the plaque being installed on the project .
PUBLIC COMMENTS :
David Brodie, San Luis Obispo, expressed concern of the Council's previous decision t o
allow demolition of the wood clad additions surrounding the adobe and felt that it ma y
be appropriate to have that decision reevaluated .
Thom Jess voiced opposition to Mr . Brodie's comment indicating that he has brought n o
new evidence to validate his concern .
Allan Cooper, San Luis Obispo, expressed concern regarding preservation of th e
original siding . He pointed out that the original structure has been remodeled . He als o
stated that the Secretary of Interior Standards states that removal of features an d
spaces should be avoided .
There were no further comments made from the public .
COMMITTEE COMMENTS :
Chairperson Costello approved of the proposed project
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ATTACHMENT 7
Draft CHC Minute s
February 25, 201 3
Page 6
•Committee Member Brajkovich addressed Mr . Brodie's comment . He supports th esolution proposed because it shows the adobe as it was originally envisioned .
Committee Member Taylor is in support of the proposed project .
Committee Member Dandekar concurred with Committee Member Brajkovich an dindicated support for the project .
There were no further comments made from the Committee .
On motion by Committee Member Taylor, seconded by Committee Member Hill ,recommended the approval of the application submitted by Staff with the addition of th ehistorical plaque .
AYES :Committee Members Taylor, Brajkovich, Dandekar, Hill and Costell o
NOES :Non e
RECUSED :Non e
ABSENT :Vice-Chair Pavli k
The motion passed on a 5 :0 vote .
Committee Member and staff took brea k
• 5 .City-Wide .CHC 31-12 ; Review of outline and progress report for the Histori cContext Statement project ; City of San Luis Obispo – Community Developmen tDepartment., applicant .(Phil Dunsmore )
Phil Dunsmore, Senior Planner, presented the staff report, recommended that th eCultural Heritage Committee take testimony and provide feedback on the project outlin ebased on findings which he outlined .
Draft Outline of major periods of development :
•Early history – native American –mission-mexican rul e•Late 19 th century – town settlemen t•Early 20 th century
•Great depression and ww I I•Mid-20th century
Committee members and staff had a general discussion of the workshop that wa sattended and what information should be added to the outline that was determined fro mthe workshop . This topic will be open for several months to allow for additional input t ocomplete the outline with a goal of completion set for September or October 2013 .
•Committee Member Hill stated that current properties on the Historical list should b ereviewed to determine the theme they fit in and if there are any homes that don't fall int oa theme establish additional themes at that time .
C1-25
ATTACHMENT 7
Draft CHC Minute s
February 25, 201 3
Page 7
Chairperson Costello voiced concern that remodeling on any historical home should be •stopped at the City level when applying for permits, and directed to bring before th eCultural Heritage Committee before any building commences .
COMMENT AND DISCUSSION :
6 .Staff
7 .
a .b .Phil Dunsmore presented the agenda forecas tDiscussion of review process for alterations to historic properties was continue dto a future hearing to get additional information .
Committee
ADJOURNMENT :The meeting was adjourned at 8 :41 p .m .
Respectfully submitted by ,
Dawn Rudde rRecording Secretary
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C1-2 6
Attachment 8
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEE N
•
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC BUILDIN G
LOCATED AT 1144 PALM STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO ,
STATE OF CALIFORNIA .
THIS AGREEMENT is made and entered into this
day of 2013, by and between th e
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Michae l
and Judy Wise (hereinafter referred to as "Owner"), and collectively referred to as the "parties ."
Section 1 . Description of Preservation Measures .The Owner, their heirs, or assigns hereby agree t o
undertake and complete, at their expense, the preservation, maintenance, and improvements measure s
described in "Exhibit A" attached hereto .
Section 2 . Effective Date and Term of Agreement .This agreement shall be effective and commenc e
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 extende d
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 a s
"annual renewal date"), a year shall automatically be added to the initial term of this agreemen t
unless written notice of nonrenewal is served as provided herein .
• b . If the Owner or the City desires in any year not to renew the agreement, the Owner or the Cit y
shall serve written notice of nonrenewal of the agreement on the other party . Unless such notic e
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, o r
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1 )
year shall automatically be added to the term of the agreement as provided herein .
c.The Owner may make a written protest of the notice . The City may, at any time prior to th e
annual renewal date, withdraw its notice to the Owner of nonrenewal .
d.If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining .
Section 4 . Standards and Conditions .During the term of this agreement, the historic property shal l
be subject to the following conditions :
a . Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the buildin g
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 th e
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of th e
Community Development Director or his designee .
C1-2 7
•
b.The building's interior closely relates to the property's eligibility as a qualified historic property .
The Owner agrees to allow pre-arranged tours on a limited basis, to the approval of th e
Community Development Director or his designee .
c.All building changes shall comply with applicable City specific plans, City regulations an d
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of th e
California Department of Parks and Recreation, namely the U .S . Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects .
Interior remodeling shall retain original, character-defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible .
d.The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tre e
removals, exterior door or window replacement, repainting, remodeling, or other exterio r
alterations requiring a building permit . The Owner agrees to secure all necessary City approval s
and/or permits prior to changing the building's use or commencing construction work .
e.Owner agrees that property tax savings resulting from this agreement shall be used for propert y
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 featur e
adversely affects, or is visually incompatible with, the property's recognized historic character ,
significance, and design as determined by the Community Development Director.
g .Owner shall allow reasonable periodic examination, by prior appointment, of the interior an d
exterior of the historic property by representatives of the County Assessor, the State Departmen t
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary t o
determine the owners' compliance with the terms and provisions of this agreement .
Section 5 . Furnishing of Information .The Owner hereby agrees to furnish any and all informatio n
requested by the City which may be necessary or advisable to determine compliance with the terms an d
provisions of this agreement .
Section 6 . Cancellation.
a. The City, following a duly-noticed public hearing by the City Council as set forth in Governmen t
Code Section 50285, may cancel this agreement if it determines that the Owner has breached an y
of the conditions of this agreement or has allowed the property to deteriorate to the point that i t
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 i n
Section 4 of this agreement . If a contract is cancelled because of failure of the Owner t o
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pa y
a cancellation fee to the State Controller as set forth in Government Code Section 50286, whic h
C1-28
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states that the fee shall be 12 '/2%of the full value of the property at the time of cancellatio n
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 th e
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fe e
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, th e
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 giv e
written notice of violation to the Owner by registered or certified mail addressed to the addres s
stated in this agreement . If such a violation is not corrected to the reasonable satisfaction of th e
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 sai d
breach; or if the default cannot be cured within thirty (30)days (provided that acts to cure th e
breach or default may be commenced within thirty (30)days and shall thereafter be diligentl y
pursued to completion by the Owner); then the City may, without further notice, declare a defaul t
under the terms of this agreement and may bring any action necessary to specifically enforce th e
obligations of the Owner growing out of the terms of this agreement, apply to any court, state o r
federal, for injunctive relief against any violation by the owners or apply for such relief as ma y
be appropriate .
• b . The City does not waive any claim of default by the Owner if the City does not enforce or cance l
this agreement . All other remedies at law or in equity which are not otherwise provided for i n
this agreement or in the City's regulations governing historic properties are available to the Cit y
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 othe r
subsequent breach thereof or default herein under .
c . By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolv e
disputes or grievances growing out of this contract.
Section 8 . Binding Effect of Agreement .The Owner hereby subjects the historic building located a t
1144 Palm Street, San Luis Obispo, California, Assessors Parcel Number 002-325-010,to the covenants ,
reservations, and restrictions as set forth in this agreement . The City and Owner hereby declare thei r
specific intent that the covenants, reservations, and restrictions as set forth herein shall be deeme d
covenants running with the land and shall pass to and be binding upon the Owner's successors an d
assigns in title or interest to the historic property . Every contract, deed, or other instrument hereinafte r
executed, covering or conveying the historic property or any portion thereof, shall conclusively be hel d
to have been executed, delivered, and accepted subject to the covenants, reservations, and restriction s
expressed in this agreement regardless of whether such covenants, restrictions, and reservations are se t
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 th e
respective parties as specified below or at other addresses that may be later specified by the partie s
• hereto .
C1-29
To City:
Community Development Directo r
City of San Luis Obisp o
919 Palm Street
San Luis Obispo, CA 9340 1
To Owner :
Michael G . Wis e
Judy A . Wis e
1144 Palm Stree t
San Luis Obispo, CA 9340 1
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 shal l
such terms, provisions, or conditions cause them to be considered joint ventures or members o f
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 us e
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, o r
other person acting on the Owner's behalf which relates to the use, operation, maintenance, o r
improvement of the historic property . The Owner hereby agrees to and shall defend the City an d
its elected and appointed officials, officers, agents, and employees with respect to any and al l
claims or actions for damages caused by, or alleged to have been caused by, reason of th e
Owner's activities in connection with the historic property, excepting however any such claim s
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 allege d
to have been suffered, and costs of defense incurred, by reason of the operations referred to i n
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 thi s
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 determin e
the rights and duties of any party hereunder, the prevailing party in such proceeding may recove r
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relie f
ordered by the court .
f.In the event that any of the provisions of this agreement are held to be unenforceable or invali d
by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity an d
enforceability of the remaining provisions, or portions thereof, shall not be affected thereby .
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g . This agreement shall be construed and governed in accordance with the laws of the State o f
California .
Section 11 . Amendments .This agreement may be amended, in whole or in part, only by a writte n
recorded instrument executed by the parties hereto .
Section 12 . Recordation and Fees .No later than twenty (20) days after the parties enter into thi s
agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of th e
County of San Luis Obispo . Participation in the program shall be at no cost to the Owner ; however th e
City may charge reasonable and necessary fees to recover direct costs of executing, recording, an d
administering the historical property contracts .
IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day an d
year written above .
OWNER
Michael Wise
Date
Judy Wise
Date
CITY OF SAN LUIS OBISP O
Mayor Jan Marx
Date
ATTEST :
Maeve Kennedy Grimes, City Cler k
APPROVED AS TO FORM :
Christine Dietrick, City Attorne y
ALL SIGNATURES MUST BE NOTARIZED
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EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PAYNE RESIDENCE LOCATE D
AT 1144 PALM STREET, SAN LUIS OBISPO, CALIFORNI A
1.Owner shall preserve, maintain, and repair the historic building, including its character-defining
architectural features in good condition, to the satisfaction of the Community Development Director o r
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for propert y
located at 1144 Palm Street . Character-defining features shall include, but are not limited to : roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, windo w
screens and shutters, balustrades and railings, foundations, and surface treatments .
2.Owner agrees to make the following improvements and/or repairs during the term of this contrac t
but in no case later than ten (10) years from the contract date . All changes or repairs shall be consisten t
with the City's Historic Preservation Ordinance and the Secretary of the Interior's Standards for th e
Treatment of Historic Properties :
a.Replace original knob and tube electrical wiring and add circuits .
b.Replace fireplace firebrick and repoin t
c.Repair or replace cracked concrete walkways, porch and steps in front and side of house .
d.Remove handrails in center of walkway and replace with more period correct style on the side of th e
porch .
e.Repair windows . Free up to allow opening, replace ropes on double hung windows and windo w
crank mechanisms on other windows . Install shutters on unsealed SE and NW facing double hun g
windows .
f.Replace or remove gas lines and valves .
g.Repair floors or replace in foyer and upstairs front bedroom to match original .
h.Install privacy fence in backyard .
i.Complete engineering study of foundation and basement .
j.Correct backyard grade to prevent rain water from saturating soil near the house .
k.Replace the gas heating system .
1. Repair deteriorated stucco on front porch .
m.Replace or repair roofline gutters .
n.Replace sewer lateral .
o.Update plumbing ,
p.Adress various maintenance, repair, and renovation, such as painting, roof, chimney, cabinets ,
antique fixtures, HVAC installation, and pave driveway .
OWNER
Michael Wise
Dat e
Judy Wise
Date
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Attachment 9
RESOLUTION NO .
(2013 Series )
A RESOLUTION APPROVING A HISTORIC PROPERTY PRESERVATIO N
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND OWNERS OF A
DESIGNATED HISTORIC RESOURCE AT 1144 PALM STREET ,
IN SAN LUIS OBISP O
WHEREAS, the City Council of the City of San Luis Obispo is authorized by Californi a
Government Code Section 50280 et seq .(known as "the Mills Act") to enter into contracts with th e
owners of qualified historical properties to provide for appropriate use, maintenance, an d
rehabilitation such that these historic properties retain their historic characteristics ; and
WHEREAS, the City Council has adopted Resolution No . 9136 (2000 Series), establishin g
the Mills Act Historic Property Tax Incentive Program as an on-going historic preservation progra m
to promote the preservation, maintenance and rehabilitation of historic resources through financia l
incentives ; and
WHEREAS, the owners possess fee title in and to that certain qualified real property ,
together with associated structures and improvements thereon, located on Assessor's Parcel Numbe r
002-235-010, located at 1144 Palm Street, San Luis Obispo, California 93401, also described as th e
Historic Payne Residence, (hereinafter referred to as the "historic property"); and
• WHEREAS, the City Council of the City of San Luis Obispo has designated this propert y
as a historic resource of the City of San Luis Obispo pursuant to the policies in the City's Histori c
Preservation Ordinance ; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into thi s
agreement to limit the use of the property to prevent inappropriate alterations and to ensur e
that character-defining features are preserved and maintained in an exemplary manner, and repair s
and/or improvements are completed as necessary to carry out the purposes of Californi a
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec . 50280 et seq .,and t o
qualify for an assessment of valuation pursuant to Article 1 .9, Sec . 439 et. seq .of the Revenue an d
Taxation Code ; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on February 25, 2013 to consider a request by Michael and Judy Wise, owners o f
1144 Palm Street ; and
WHEREAS, the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Developmen t
Department, public testimony, the staff report, and the City's Historical Preservation Ordinance .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o
as follows :
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SECTION 1 . Findings .The City Council makes the following findings :
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1.Conservation and Open Space Element program 3 .6 .2 indicates the City will participate i n
financial assistance programs such as property tax reduction programs that encourag e
maintenance and restoration of historic properties .
2.The Payne Residence located at 1144 Palm Street, has been recognized as a historic asset i n
the community by its designation as a Master List Historic Property . As such, maintainin g
the structure will meet the City's goals for historic preservation listed in policies 3 .3 .1
through 3 .3 .5 of the Conservation and Open Space Element .
SECTION 2 . Historic Preservation Agreement approved .The City Council hereby approve s
the "Historic Preservation Agreement Between the City of San Luis Obispo and the Owners of th e
Historic Property Located at 1144 Palm Street", and entered into between the City and owners ,
Michael and Judy Wise .
SECTION 3 . Mayor Authorized to Sign Agreement for City .The City Council hereb y
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Lui s
Obispo .
SECTION 4 . Environmental Determination .The City Council has determined that the abov e
actions do not constitute a project, as defined by Section 15378 of the California Environmenta l
Quality Act and are exempt from environmental review .
SECTION 5 . Recordation of the Agreement .No later than twenty (20) days after the partie s
enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office o f
the County Recorder of the County of San Luis Obispo .
Upon motion of , seconded by , and on the following vote :
AYES :
NOES :
ABSENT :
The foregoing Resolution was adopted this , 2013 .
Jan Marx
Mayo r
ATTEST :
Maeve Kennedy Grime s
City Clerk
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APPROVED AS TO FORM :
J . Christine Dietric k
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J . Christine Dietric k
City Attorne y
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