HomeMy WebLinkAbout10/21/2008, C2 - APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC MARSHALL HOUSE (CHCMA 107-08). ncouncil M«,,10 ,1.1-1/0ft Do
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CITYOF SAN LUIS O B I S P O
FROM: John Mandeville, Director of Community Development
Prepared By: Brian Leveille, Associate Planner
SUBJECT: APPROVAL OF MILLS ACT CONTRACT FOR THE HISTORIC
MARSHALL HOUSE (CHCMA 107-08).
CAO RECOMMENDATION:
As recommended by the Cultural Heritage Committee (CHC), adopt a resolution approving a Mills
Act contract for the historic Marshall House located at 785 Buchon Street (CHCMA 107-08).
DISCUSSION
Advisory Body Recommendation
At its September 22, 2008, public hearing, the CHC voted 5-0 to recommend the City Council
approve a Mills Act contract for the historic Marshall House (Vicinity Map-Attachment 1) as
described in the draft Mills Act contract.
Background
In December 2000, the City Council
approved the Mills Act Program as an
on-going historic preservation program
and allowed up to 10 additional historic
properties to be included in the program
annually. This request is the ninth
property that would be included in the .;
program for the year. The Mills Act
Program allows the City to enter into
preservation contracts with the owners of
designated historic properties who
promise to preserve, maintain and in
some cases, improve the properties in Figure I. Marshall House,Buchon Street elevation
return for property tax savings. The
Mills Act program has been very successful in that 38 historic properties are benefiting from the
property tax reductions of up to 50 percent (Attachment 2). The City recently received a request by
the owner of the historic Marshall House to be included in the Mills Act program for tax savings
required to continue restoration and maintenance of the building.
City Council Staff Report,
Mills Act Contract for 785 Buchon Street
Page 2
Property Description
Address: 785 Buchon Street
Historic Name: Marshall House
Owner: Jennifer Blomfield & David Booker
Current Use: Single-Family Residence
Zoning: R-2-H (Medium-Density Residential with Historic Overlay)
Status: Master List Historic Property
Discussion
The property is an 8,000 square foot lot located on Buchon Street between Chorro and Garden Streets.
The architectural style of the structure reflects Neo-Classic forms and proportions with attributes of the
Queen Anne Cottage style (see Historic Resources Inventory, Attachment 3). The property is located in
an area with other significant historic properties (Figure 2, below). There are Master List Historic
properties adjacent to the property on the west and east property lines (Trousdale House and Crocker
House, respectively) and another Master List property across Buchon Street at the northwest comer of
Buchon and Chorro Streets (Fitzgerald House).
yip
Marshall House \✓ i s
Figure 2. Marshall House location and vicinity
The applicant is requesting to be part of the Mills Act Program to provide for ongoing maintenance,
preservation and site improvements (Attachment 4, Property Owners' Letter). This use of the property
tax savings is consistent with the purpose of the Mills Act Program. The CHC has recommended the
City Council approve the attached Mills Act contract(CHC minutes attached).
ec�—
City Council Staff Report,
Mills Act Contract for 785 Buchon Street
Page 3
Mills Act Contracts
Historic Preservation is an important goal of the City's General Plan, as described in Conservation and
Open Space Element policies 3.21.1, 3.21.4, 3.30.2 and Land Use Element policy 4.12. By providing a
financial incentive, the Mills Act Program is one of the most effective preservation tools available to
achieve these goals and encourage the preservation of historic buildings. Commercial and residential
properties on the Master List of Historic Resources are eligible for the program. Mills Act contracts
are prepared using standard language provided by the State Historic Preservation Office. Standard
features of the contracts include:
1. 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, particularly
for properties acquired after the 1990s. If the contract is canceled, the assessment is gradually
increased to market value basis over the remaining contract term.
2. The property owner must promise to preserve the building and to use the tax savings to maintain
and/or improve the historic building to enhance its historical value, exterior appearance, structural
condition, or longevity. Each contract includes an exhibit which lists the maintenance and
improvement measures for which tax savings will be used.
3. The contract is recorded, and is binding on subsequent owners, heirs, or assigns until the
agreement is canceled. There is a significant financial penalty for breach of the historic contract.
4. Mills Act Contracts have a minimum 10-year term. The agreement is self-renewing annually for
additional one-year terms, so there is always 10 years remaining on the contract until the owner or
City decides not to renew the contract. Once written notice of non-renewal is given, the contract
will remain in effect for the balance of the term remaining since the original contract execution or
since the last renewal date, as the case may be. The agreement may be amended by mutual consent
of the City and property owner.
5. Building changes are possible under the contract; however changes must comply with all City
requirements and with the Secretary of the Interior's Standards for Historic Preservation Projects,
with the guiding objective being the preservation of the building's original historical character and
significance.
FISCAL IMPACT
Approval of the agreement will not have a significant fiscal impact. It will result in a minor
decrease in property tax collected by the County and passed through to the City. For example, in
the 2000-2001 tax year staff determined that the 18 properties then under Mills Act contracts would
reduce that year's city property tax revenue from the previous year by $4,700, or about $260 per
property.
�� �3
City Council Staff Report,
Mills Act Contract for 785 Buchon Street
Page 4
ALTERNATIVES
1. Continue the item for additional analysis or research.
2. Deny the property owners request to enter into a Mills Act agreement with the City. Staff does
not recommend this alternative since there would not be an agreement in place for ongoing
historic preservation.
ATTACHMENTS
1. Vicinity Map
2. List of Historic Properties under Mills Act Contracts
3. Historic Resources Inventory
4. Property Owners' Letter
5. Draft Council Resolution and draft Mills Act Contract
g/cdplan/blevedle/millsact/CHC107-08(785 Buchon Street)/CHC 107-08(785 Buchon Street)CCReport.doc / C2 `(1
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State of California—The Reso, �s Agency =$er. No 02 R
DEPARTMENT OF PARKS AN!, 4EATION NABS_ HAER_I NR
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UTM: A 10/712910/3906Wt
_
HISTORIC RESOURCES INVENTORY C D
IDENTIFICATION
1. Common name: Dixon Home
2. Historic name: Manuel Marshall Home
3. Street or rural address: 735 Buchon Street
City San Luis Obispo Zip 93401 County San Luis Obispo
4. Parcel number: 03-537-23
5. Present Owner: Dixon, E.L. Address: 785 Buchon Street
City San Luis Obispo Zip 93401 Ownership is: Public Private X
6. Present Use: Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Neo-Colonial/Neo-Classical with Queen Anne overtones
7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its
original condition:
Front and side facing gables and multi-gabled roof lines are strong
features of this structure. A slanted bay window across the front with
rich ornamentation in base relief is applied above windows. Similiar
ornamentation is on the porch frieze. A gable front has shingle decoration
in varied patterns. A small dormer window has three panels and forms a
tiny bay. Ionic columns support the front porch and is recessed to one side.
Diamond shaped mullions and double panel windows on the porch, with molded
trim surround the doors. There is a transom over the doors. There are mullioned
windows in slanted bays on both sides of the house. An additional entry door is
on the side with a 6-light window in top half of the solid door. This door
also has a transom.
— 8. Construction date:
Estimated 1899 Factual
j
Y 9. Architect Unknown
10. Builder Unknown
11. Approx. property size (in feet)
' Frontage: 551 Depth 205 '
' or approx. acreage
12. Date(s) of enclosed photograph(s)
x DQcember 1987
_ � o
DPR 623 (Rev.4/79)
Attachment
13. Condition: Excellent X Good Fair_ Deteriorated No longer 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 _ Vandalism
Public Works project Other:
17. Is the structure: On its original site? Yes Moved? Unknown?
18. Related features:
SIGNIFICANCE
19. Briefly state historical and/or architectural importance (include dates,events,and persons associated with the site.)
The home at 785 Buchon is a typical representation of the modest yet
attractive smaller homes built in San Luis Obispo around the turn of the
century. The trend as it manifested in San Luis Obispo to move away from
the irregular picturesque, dynamic and even ostentatious designs of Victorian
architecture is symbolized in dwellings of this sort. Constructed in the
1890's, its form and proportions are basically Neo-Classic, but some of the
detailing and even the roof lines are attributes of the Queen Anne cottage.
The house is located in what was the fashionable Murray and Church area in
the 19th century. The rich Classic Revival ornamentation is a sign of
prosperity. Manuel Marshall, a prosperous jeweler, and his wife, Mabel,
resided here from the turn of the century through the teens.
Locational sketch map (draw and label site and
20. Main theme of the historic resource: (If more than one is surrounding streets,roads, and prominent landmarks):
NORTH
checked, number in order of importance.)
Architecture 1 Arts& Leisure '
Economic/Industrial—Exploration/Settlement
Government .Military
Religion Social/Education 2
21. Sources (List books,documents,surveys, personal interviews r
and their dates).
City Directory (1904, 1914)
Sanborn Fire Insurance Maps
(1891, 1903)
22. Date form prepared Jll'J 17 1983
By (name) Historic Res. SurveyStaFT
Organizatign Ci y o an uis 0 ispo
Address: P'O. ox
City San T.uig Ohi spo Zip 93401
Phone: (An,;) 1341-1000
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J Attachment 4
August 5, 2008
Brian Lavelle
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Re: Mills Act Application for 785 Buchon Street
Dear Brian,
The enclosed is a planning application requesting a master List property located kt 785
Buchon Street inclusion.into the Mills Act. We the owners:David R_ Booker and Jennifer
Blomfield, were recently awarded the MeritoZious upkeep award of Recognition by the
Obispo-Beautiful Association. As property owners and residents of 785 Buchon, we
would like to.keep the integrity of our Queen Anne home by improving and maintaining
its historical value. In the past 3 years We have-added hard wood floors to the entire house_
including the back carriage house, removed old wallpaper, repaired cracks in original
plaster, repaired the roof, replaced dry.rotted wood, painted the exterior and tented the
house and caniakq house for termites. All the interior woodwork inthe home has been
restored to its origirial,state and the bathroom has been renovated withperiod fixtures,
tiles and wainscoting. All furniture inside is historically accurate to the period. We are
now in the progess of working with Architect Tom Brakovich to-restore the attic space.
Both David and I are interested in historic renovation and are meticulous in detail.and ..
accuracy. We would appreciate your consideration in accepting our home into the Mills
Act. The tax savings will be used in the continuation of maintenance and preservation of
this fine historic home.
Sincerely, ~
v`
Mary Jenni er Blomfield
-� Attachment 4
EXHIBIT
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
AT 785 BUCHON STREET, SAN LUIS OBISPO, CALIFORNIA
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 or designee, pursuant to a Mills Act Preservation Contract with the
city of San Luis Obispo for property located at 785 Buchon Street. Character-defining
features shall include, but are not limited to: roof, eves,dormers,Arim, porches, walls and
siding, architectural detailing, doors and windows, window 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
contract, but in no case later than 10 years from the date of recording the contract with
the County Recorder. All changes or repairs shall be consistent with the city.'s Historic
Preservation Program.Guidelines and the,Secretary of the interior's Standards for
Historic Preservation Projects. Owner further agrees to:
A. Replace wood due to dry rot on stairs and front and back porch.
B. Renovate attic space in accordance to its character defining historical architectural
features, including period fixtures, wall paper and wainscoting.
C. Regular maintenance ofthe exterior painted surfaces. All painted,surfaces shall be
properly prepared, primed and painted with high—quality exterior parts.
D. Maintain the landscape to a high standard.
3. Property shall be maintained in accordance with Zoning Regulations, and with the city's
Property Maintenance Standards.
Owners,
tDavrd R. Booker Date
M. J 'fer Blo field Date `��
Attachment 4
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Attachment 4
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785 BUCHON Attachment 4
Historic/Archaelogical Information
Historic Name MARSHALL HOUSE
City Historic Listing Master List Date Listed 8/16/1983
National Register Rating Potentially eligibile for Nat. Reg.
Serial Number 0021-04R
Significance Historical Significance Neo-Colonial / Neo-Classical with Queen Anne overtones.
Built before 1927 Manuel Marshall, a prosperous jeweler, lived in the house
Architectural Significance from the turn of the century through the early teens.
Source CHC Hist. Res. Inventory
Year Built 1899 Estimate Over 50 Years Old (108 yrs.)
Historic District Old Town
1874 Sanborn Map & Earlier
1886 Sanborn Map
1903 Sanborn Map Dwelling
1926 Sanborn Map 1903 dwelling,Rm
Year built CHC Hist. Res. Inventory
Comments
Photo on File under'Docs' button/Images on Land Use Screen
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Attachment 4
This Letter of Recognition is hereby rendered to
David Booker &
,Jennifer BComfieCd"
by the Obispo Beautiful Association in recognitions
appreciation and gratitude for your special effort in
enhancing the visual attractiveness of the
San Luis Obispo Community.
Awarded
June ii, 2008
For
.Meritorious UYkeey
Res identiaC SingCe -gamily
785 Buchon Street
Chairman, Obispo Beautiful Association Chairman;Awards Committee �a�
r
Attachment 5
RESOLUTION NO. (2008 Series)
A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DAVID BOOKER
AND JENNIFER BLOMFIELD, OWNERS OF A DESIGNATED HISTORIC RESOURCE
AT 785 BUCHON STREET,IN SAN LUIS OBISPO
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 on-going historic preservation program
to promote the preservation, maintenance and rehabilitation of historic resources through financial
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 Number
003-536-004, located at 785 Buchon Street, San Luis Obispo, California 93401, also described as
Marshall House, (hereinafter referred to as the "historic property"); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property as
an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure
that character-defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to cant' 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, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on September 22, 2008, to consider a request by David Booker and Jennifer
Blomfield, owners of 785 Buchon Street; and
WHEREAS, the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Development
Department, public testimony, the staff report, and the City's Historical Preservation Program
Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The City Council makes the following findings:
Attachment 5
Council Resolution No. XXXX(2008 Series)
1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in
financial assistance programs such as property tax reduction programs that encourage
maintenance and restoration of historic properties.
2. The Marshall House, located at 785 Buchon Street, has been recognized as a historic asset in
the community by its designation as a Master List Historic Property. As such, maintaining
the structure will meet the City's goals for historic preservation listed in policies 3.3.1
through 3.3.5 of the Conservation and Open Space Element.
SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves
the historic preservation agreement between the City of San Luis Obispo and the owners, David R.
Booker and M. Jennifer Blomfield, signed by said owners on October 1, 2008.
SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council. hereby
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis
Obispo.
SECTION 4. Environmental Determination. The City Council has determined that the above
actions do not constitute a project, as defined by Section 15378 of the California Environmental
Quality Act and are exempt from environmental review.
SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties
enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of
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 12008.
Mayor David F. Romero
ATTEST:
Audrey Hooper, City Clerk
APPROV S TO
Jo ath owell, City Attorney
�'aav
Attachment 5
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY
LOCATED AT 785 BUCHON STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this _ day of , 2008, by and between the
City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and David
Booker and Jennifer Blomfield (hereinafter referred to as "Owners"), and collectively referred to as the
"parties."
Section 1. Description of Preservation Measures. The owner, her 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.
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 property
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.
�a '�I
Attachment 5
b. If 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 the
Community Development Director or his designee.
c. All building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character-defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the 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.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. 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
Attachment 5
states that the fee shall be 12 '/z% 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 property 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) 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 property located at
785 Buchon Street, San Luis Obispo, California, Assessors Parcel Number 003-536-004, 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.
oa-a3
Attachment 5
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
To Owners: David Booker
M. Jennifer Blomfield
785 Buchon 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 patties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The 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.
C)--;
Attachment 5
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by,the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties enter into this
agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the
County of San Luis Obispo. Participation in the program shall be at no cost to the 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
--7S: —
Davi R. Booker Date
jr er mfi d Date
CITY OF SAN LUIS OBISPO
Mayor David F. Romero Date
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
6
;an Lowell, City Attorney
ALL SIGNATURES MUST BE NOTARIZED
Attachment 5
EXHIBIT A
MAINTENANCE AND 1WROVEMENT MEASURES FOR PROPERTY
LOCATED AT 7&5 BUCHON STREET, SAN LU &OBISPO, CALIFORNIA
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 DevelopmFnt Director or
designee, pursuant to a Mills Act.Preservation Contract with the City of San Luis Obispo for property
located 785 Buchon Street. Character-defining features shall include,but are not limited to: roof, eaves,
dormers, trim, porches, walls and siding, .arcjiitectural detailing, doors and windows, window 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 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 Program.Guidelines and the Secretaryof the Interior's Standards
for the Treatment of Historic Properties:
a. Replace wood due to dry rot on stairs and front and back porch.
b. Renovate attic space in accordance to its character defining historical architectural features,
including-period fixtures, wall paper and wainscoting.
c. Regular maintenance-of the exterior..painted-surfaces_ All.painted surfaces shall be properly
prepared, pritned and-painted with high quality exterior paints.
d. Maintain the landscape to a high standard- by replacing dead or dying plants to keep and
landscaping in a healthy and thriving condition, and maintain all landscaping in a neat and
orderly manner.
e. Complete seismic retrofit upgrades to the extent feasible.
OWNERS
DCVO 1 , �
Davi R Booker____ Date
i
M. Jennig
lo Y d Date