HomeMy WebLinkAboutR-11639 approving a Historic Property Preservation Agreement between the City and the owners of theR 11639
RESOLUTION NO. 11639 (2026 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
OWNERS OF THE MEREDITH HOUSE AT 1421 GARDEN STREET
(APPLICATION NO. HIST -0681-2025)
WHEREAS, the City Council of the City of San Luis Obispo is authorized by
California Government Code Section 50280 et seq. (known as “the Mills Act”) to enter
into contracts with the owners of qualified historical properties to provide for appropriate
use, maintenance, and rehabilitation such that these historic properties retain their historic
characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series),
establishing the Mills Act Historic Property Tax Incentive Program as an ongoing 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 designated 1421
Garden Street, described as the Meredith House, as a Landmark of the City of San Luis
Obispo on October 4, 2022, by adoption of Resolution No. 11365, pursuant to the policies
in the City’s Historic Preservation Program Guidelines;
WHEREAS, Beau and Jennifer Narragon are the owners of that certain qualified
real property, together with associated structures and improvement thereon, located on
Assessor’s Parcel Number 003-533-011, located at 1421 Garden Street, in the City of
San Luis Obispo, California, also described as The Meredith House; and
WHEREAS, the City and Owners, for their mutual benefit, now desire to enter into
an agreement to limit the use of the property to prevent inappropriate alterations and to
ensure that character-defining features are preserved and maintained in an exemplary
manner, and repairs and improvements are completed as necessary to carry out the
purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article
12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article
1.9, Sec. 439 et. seq. of the Revenue and Taxation Code; and
WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San
Luis Obispo, California, on February 23, 2026, for the purpose of reviewing the proposed
historic property preservation agreement, and recommended that the City enter into the
agreement; and
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WHEREAS, the City Council conducted a public meeting in the Council Chamber
of City Hall, 990 Palm Street, San Luis Obispo, California, on April 21, 2026, 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 and the evaluation and recommendation by staff ; and
WHEREAS, notices of said public hearings and meetings were made at the time
and in the manner required by law.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
a) Conservation and Open Space Element Program 3.6.2 states that the City will
participate in financial assistance programs such as property tax reduction
programs that encourage maintenance and restoration of historic properties.
b) The Meredith House, located at 1421 Garden Street, has been recognized as
a historic asset in the community by its designation as a Landmark by the City
Council on October 4, 2022 (Resolution No. 11365). 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 1116 Pismo
Street,” to be entered into by the City and the property owners, Christopher David Frago
and Heidi A. Howland-Frago, attached hereto as “Exhibit A.”
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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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.
Upon motion of Vice Mayor Francis, seconded by Council Member Shoresman,
and on the following roll call vote:
AYES: Council Member Boswell, Shoresman, Vice Mayor Francis, and
Mayor Stewart
NOES: None
ABSENT: Council Member Marx
The foregoing resolution was adopted this 21st day of April 2026.
___________________________
Mayor Erica A. Stewart
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, on ______________________.
___________________________
Teresa Purrington
City Clerk
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HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNER OF THE HISTORIC
PROPERTY LOCATED AT 1421 GARDEN STREET, IN THE CITY AND THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this ________ day of ________ , 2026, by and
between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the
“City”), and Beau J. Narragon and Jennifer Narragon, Trustees of The JBCH Family Trust
(hereinafter referred to as “Owner”), and collectively referred to as the “parties.”
WHEREAS, Owners are the owners of that certain real property commonly known
as 1421 Garden Street (APN 003-533-011), and legally described as shown in the attached
“Exhibit B” (“Owners’ Property”); and
WHEREAS, Owners have agreed to enter into a Historical Property Contract with the
City for the preservation, maintenance, restoration, or rehabilitation of Owners’ Property, a
historic resource within the City;
NOW, THEREFORE, in consideration of the above recitals and in further consideration
of the mutual benefits, promises, and agreements set out herein, the parties agree as follows:
Section 1. Description of Preservation Measures. The Owner, their heirs, or assigns hereby
agree to undertake and complete, at their expense, the preservation, maintenance, and
improvements measures described in “Exhibit A” attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement’s effective date, such initial term will
automatically be extended as provided in California Government Code Section 50280 through
50290 and in Section 3, below.
Section 3. Agreement Renewal and Non-renewal.
a.Each year on the anniversary of the effective date of this agreement (hereinafter
referred to as “annual renewal date”), a year shall automatically be added to the
initial term of this agreement unless written notice of nonrenewal is served as
provided herein.
b.If the Owner or the City desires in any year not to renew the agreement, the Owner
or the City shall serve written notice of nonrenewal of the agreement on the other
party. Unless such notice is served by the Owner to the City at least ninety (90)
days prior to the annual renewal date, or served by the City to the Owner at least
sixty (60) days prior to the annual renewal date, one (1) year shall automatically be
added to the term of the agreement as provided herein.
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c.The Owner may make a written protest of the notice. The City may, at any time
prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal.
d.If either the City or the Owner serves notice to the other party of nonrenewal in any
year, the agreement shall remain in effect for the balance of the term then
remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property
shall be subject to the following conditions:
a.Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate
the building and its character-defining features, including: the building’s general
architectural form, style, materials, design, scale, proportions, organization of
windows, doors, and other openings; interior architectural elements that are integral
to the building’s historic character or significance; exterior materials, coatings,
textures, details, mass, roof line, porch, and other aspects of the appearance of the
building’s exterior, as described in Exhibit A, to the satisfaction of the Community
Development Director or his designee.
b.All building changes shall comply with applicable City specific plans, City
regulations and guidelines, and conform to the rules and regulations of the Office
of Historic Preservation of the California Department of Parks and Recreation,
namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and
Standards and Guidelines for Historic Preservation Projects. Interior remodeling
shall retain original, character-defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural
ornamentation to the greatest extent possible.
c.The Community Development Director shall be notified by the Owner of changes
to character-defining exterior features prior to their execution, such as major
landscaping projects and tree removals, exterior door or window replacement,
repainting, remodeling, or other exterior alterations requiring a building permit.
The Owner agrees to secure all necessary City approvals and/or permits prior to
changing the building’s use or commencing construction work.
d.Owner agrees that property tax savings resulting from this agreement shall be used
for property maintenance and improvements as described in Exhibit A.
e.The following are prohibited: demolition or partial demolition of the historic
building; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or
furniture visible from a public way; or any device, decoration, structure, or
vegetation which is unsightly due to lack of maintenance or because such feature
adversely affects, or is visually incompatible with, the property’s recognized
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historic character, significance, and design as determined by the Community
Development Director.
f.Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the historic property by representatives of the County
Assessor, the State Department of Parks and Recreation, the State Board of
Equalization, and the City as may be necessary to determine the owners’
compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
a.The City, following a duly-noticed public hearing by the City Council as set forth
in Government Code Section 50285, may cancel this agreement if it determines that
the Owner has breached any of the conditions of this agreement or has allowed the
property to deteriorate to the point that it no longer meets the standards for a
qualified historic property; or if the City determines that the Owner has failed to
preserve, maintain, or rehabilitate the property in the manner specified in Section 4
of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the
Owner shall pay a cancellation fee to the State Controller as set forth in Government
Code Section 50286, which states that the fee shall be 12 ½% of the full value of
the property at the time of cancellation without regard to any restriction imposed
with this agreement.
b.If the historic building is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of the agreement, the
agreement shall be cancelled and no fee imposed, as specified in Government Code
Section 50288.
Section 7. Enforcement of Agreement.
a.In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, under the provisions to cancel the agreement
by the Owner, the City shall give written notice of violation to the Owner by
registered or certified mail addressed to the address stated in this agreement. If such
a violation is not corrected to the reasonable satisfaction of the Community
Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or
default of said breach; or if the default cannot be cured within thirty (30) days
(provided that acts to cure the breach or default may be commenced within thirty
(30) days and shall thereafter be diligently pursued to completion by the Owner);
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then the City may, without further notice, declare a default under the terms of this
agreement and may bring any action necessary to specifically enforce the
obligations of the Owner growing out of the terms of this agreement, apply to any
court, state or federal, for injunctive relief against any violation by the owners or
apply for such relief as may be appropriate.
b.The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this agreement. All other remedies at law or in equity which are
not otherwise provided for in this agreement or in the City’s regulations governing
historic properties are available to the City to pursue in the event that there is a
breach or default under this agreement. No waiver by the City of any breach or
default under this agreement shall be deemed to be a waiver of any other subsequent
breach thereof or default herein under.
c.By mutual agreement, City and Owner may enter into mediation or binding
arbitration to resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic building
located at 1421 Garden St, San Luis Obispo, California, Assessors Parcel Number 003-533-011,
to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner
hereby declare their specific intent that the covenants, reservations, and restrictions as set forth
herein shall be deemed covenants running with the land and shall pass to and be binding upon the
Owner’s successors and assigns in title or interest to the historic property. Every contract, deed, or
other instrument hereinafter executed, covering or conveying the historic property or any portion
thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the
covenants, reservations, and restrictions expressed in this agreement regardless of whether such
covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address
of the respective parties as specified below or at other addresses that may be later specified by the
parties hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owner: Beau and Jennifer Narragon
1421 Garden St
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 Owner agrees to hold the City and its elected and appointed officials, officers,
agents, and employees harmless from liability for damage or from claims for
damage for personal injuries, including death, and claims for property damage
which may arise from the direct or indirect use or activities of the Owner, or from
those of their contractor, subcontractor, agent, employee, or other person acting on
the Owner’s behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend
the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all claims or actions for damages caused by, or alleged to have
been caused by, reason of the Owner’s activities in connection with the historic
property, excepting however any such claims or actions which are the result of the
sole negligence or willful misconduct of City, its officers, agents, or employees.
c.This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason
of the operations referred to in this agreement regardless of whether or not the City
prepared, supplied, or approved the plans, specifications, or other documents for
the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in
this agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons
acquiring any part or portion of the historic property, whether by operation of law
or in any manner whatsoever.
e.In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained
herein, or to determine the rights and duties of any party hereunder, the prevailing
party in such proceeding may recover all reasonable attorney’s fees to be fixed by
the court, in addition to court costs and other relief ordered by the court.
f.In the event that any of the provisions of this agreement are held to be unenforceable
or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions
thereof, shall not be affected thereby.
g.This agreement shall be construed and governed in accordance with the laws of the
State of California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
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Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this
agreement, the City shall cause this agreement to be recorded in the office of the County Recorder
of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner;
however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owner have executed this agreement on the day
and year written above.
OWNERS
____________________________________ ______________________________
Beau J. Narragon Date
____________________________________ ______________________________
Jennifer Narragon Date
CITY OF SAN LUIS OBISPO
____________________________________ ______________________________
Tyler Corey, Deputy Director Date
For: Timothea Tway
Community Development Director
Pursuant to authority conferred under by Resolution No. 11639
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 MEREDITH HOUSE
LOCATED AT 1421 GARDEN STREET, SAN LUIS OBISPO, CALIFORNIA
Owner shall preserve, maintain, and repair the historic building, including its character-defining
architectural features in good condition, to the satisfaction of the Community Development
Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis
Obispo for property located at 1421 Garden Street. Character-defining features shall include, but
are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing,
doors and windows, window screens and shutters, balustrades and railings, foundations, and
surface treatments.
Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be
consistent with the City’s Historic Preservation Ordinance and the Secretary of the Interior’s
Standards for the Treatment of Historic Properties:
spot maintenance of the recent exterior painting
repair of porch and other areas of rotting wood
window upgrades to historic standards
repair of incorrectly installed drains
new roof shingles toward the end of their lifespan in the next ten years
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EXHIBIT B
Legal Description
For APN/Parcel ID(s): 003-533-011
TO BE INCLUDED IN FINAL CONTRACT AGREEMENT.
APN: 003-533-011
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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
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