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HomeMy WebLinkAboutItem 4 - HIST-1936-2018 (771 Buchon) CULTURAL HERITAGE COMMITTEE REPORT FROM: Brian Leveille, Senior Planner BY: Walter Oetzell, Assistant Planner PROJECT ADDRESS: 771 Buchon St. FILE NUMBER: HIST-1936-2018 APPLICANT: Chris and Heidi Frago For more information contact Walter Oetzell, Assistant Planner: 781-7593 (woetzell@slocity.org) 1.0 PROJECT DESCRIPTION AND SETTING The owner of the Nathaniel Brew Home at 771 Buchon Street (Figure 2, below) submitted an application to enter into a Mills Act historical property contract with the City. The property is at the southeast corner of Buchon and Garden Streets, in the Old Town Historic District. The Brew Home is described in City records 1 as a combination of Carpenter Gothic and Neo- Colonial styles, estimated to have been built in 1903. The original owner was Nathaniel Charles Brew, who owned a furniture and carpet business on Higuera Street. It was designated as a Master List Resource in 1983, on completion of the City’s first historic resources survey. 2.0 MILLS ACT CONTRACTS The Mills Act Program is a property tax reduction program for protection of cultural resources that encourages their maintenance and restoration (§ 3.6.2 of the General Plan Conservation and Open Space Element). Participation in the program is limited to Master List Resources; the most unique and important historic resources in terms of age, architectural or historical significance, rarity, or association with important persons or events in the City’s past (HPO § 14.01.050 (A)). The City and owners of a Master List Resource enter into an historical property contract under which the owners agree to restore, maintain, and protect the property in accordance with historical preservation standards. Owners may qualify for property tax relief, potentially realizing tax savings of between 40% and 60% per year. Contracts have a minimum term of ten years, and contain standard elements set out in the Mills Act (Govt. Cod e §§ 50280 – 50290), including: a provision for preservation (or, where necessary, restoration and rehabilitation) of the property in conformance with state historic preservation guidelines; periodic examination of the property 1 Community Development Department historic property record (“yellow file”) for 771 Buchon Meeting Date: November 26, 2018 Item Number: 4 Item No. 1 Figure 1: Subject Property Packet Page 70 for compliance with the contract; and a provision binding the contract upon successive owners. Automatic one-year extensions are provided, unless either party gives notice of non-renewal of the contract. On acceptance and recordation of the contract, the property is assessed using an “income approach” that values the property by an income capitalization method, following guidelines provided by the State Board of Equalization 4.0 PROPOSED IMPROVEMENTS Several improvements and maintenance items are identified by the applicant (Attachment 1) for completion under the proposed contract. Each item appears to be relevant to preservation of the property and all are included in Exhibit A of the proposed contract (Attachment 2). 6.0 ACTION ALTERNATIVES 1. Continue consideration of the request with direction to the applicant and staff. 2. Recommend to the City Council that the City not enter into the proposed historical property contract, based on findings of inconsistency with the General Plan, Historic Preservation Ordinance, or Historic Preservation Program Guidelines. 7.0 ATTACHMENTS 1. Applicant Request Letter and List of Improvements 2. Historical Property Contract (Draft) Figure 2: Nathaniel Brew Home (1995) Packet Page 71 ATTACHMENT 1 Packet Page 72 ATTACHMENT 1 Packet Page 73 HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF THE HISTORIC PROPERTY LOCATED AT 771 BUCHON STREET, IN THE CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO COUNTY, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this ________ day of ________ , 2018, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the “City”), and Christopher Frago and Heidi Frago (hereinafter referred to as “Owners”), and collectively referred to as the “parties.” WHEREAS, Owners are the owners of that certain real property commonly known as 771 Buchon Street (APN 003-536-001), and legally described as shown in the attached “Exhibit B” (“Owners’ Property”); and WHEREAS, Owners have agreed to enter into an Historical Property Contract with the City for the preservation, maintenance, restoration, or rehabilitation of Owners’ Property, an historic resource within the City; NOW, THEREFORE, in consideration of the above recitals and in further consideration of the mutual benefits, promises, and agreements set out herein, the parties agree as follows: Section 1. Description of Preservation Measures. The Owners, their heirs, or assigns hereby agree to undertake and complete, at his expense, the preservation, maintenance, and improvements measures described in “Exhibit A” attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement’s effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non-renewal. a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as “annual renewal date”), a year shall automatically be added to the initial term of this agreement unless written notice of non-renewal is served as provided herein. b. If the Owners or the City desire in any year not to renew the agreement, the Owners or the City shall serve written notice of non-renewal of the agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. ATTACHMENT 2 Packet Page 74 Historic Property Preservation Agreement 771 Buchon Street Page 2 c. The Owners may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owners of non-renewal. d. If either the City or the Owners serve notice to the other party of non-renewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: a. Owners agree to preserve, maintain, and, where necessary, restore or rehabilitate the building and its character-defining features, including: the building’s general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building’s historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the appearance of the building’s exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. b. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character-defining architectural features such as oak and mahogany details, pillars and arches, special tile work, or architectural ornamentation to the greatest extent possible. c. The Community Development Director shall be notified by the Owners of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owners agree to secure all necessary City approvals and/or permits prior to changing the building’s use or commencing construction work. d. Owners agree that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. e. The following are prohibited: demolition or partial demolition of the historic building; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any 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 ATTACHMENT 2 Packet Page 75 Historic Property Preservation Agreement 771 Buchon Street Page 3 historic character, significance, and design as determined by the Community Development Director. f. Owners shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to determine the owners’ compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owners hereby agree to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. a. The City, following a duly-noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owners have breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owners have failed to preserve, maintain, or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is cancelled because of failure of the Owners to preserve, maintain, and rehabilitate the historic property as specified above, the Owners shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 ½% of the full value of the property at the time of 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 Owners, the City shall give written notice of violation to the Owners by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners); ATTACHMENT 2 Packet Page 76 Historic Property Preservation Agreement 771 Buchon Street Page 4 then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owners or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owners if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. c. By mutual agreement, City and Owners may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owners hereby subject the historic building located at 771 Buchon Street, San Luis Obispo, California, Assessor’s Parcel Number 003-536-001, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owners 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 Owners’ 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 Owners: Christopher Frago, Heidi Frago and Ann P. Howland 771 Buchon Street San Luis Obispo CA 93401 ATTACHMENT 2 Packet Page 77 Historic Property Preservation Agreement 771 Buchon Street Page 5 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 shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to hold the City and its elected and appointed officials, officers, agents, and employees 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 Owners, or from those of his contractor, subcontractor, agent, employee, or other person acting on the Owners’ behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been caused by, reason of the Owners’ activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents, or employees. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the 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. ATTACHMENT 2 Packet Page 78 Historic Property Preservation Agreement 771 Buchon Street Page 6 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 Owners; however, the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and year written above. OWNERS ____________________________________ ______________________________ Christopher Frago Date ____________________________________ ______________________________ Heidi Frago Date ____________________________________ ______________________________ Ann P. Howland Date CITY OF SAN LUIS OBISPO ____________________________________ ______________________________ Mayor Heidi Harmon Date Pursuant to authority conferred by Resolution No. __________(2018 Series) ATTEST: ______________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________________ J. Christine Dietrick City Attorney ALL SIGNATURES MUST BE NOTARIZED ATTACHMENT 2 Packet Page 79 Historic Property Preservation Agreement 771 Buchon Street Page 7 EXHIBIT “A” MAINTENANCE AND IMPROVEMENT MEASURES FOR THE NATHANIEL BREW HOME LOCATED AT 771 BUCHON STREET, SAN LUIS OBISPO, CALIFORNIA Owners shall preserve, maintain, and repair the historic building, including its character-defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property located at 771 Buchon 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. Owners agree to make the following improvements 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: ▪ Replace roof ▪ Repair dry rot decay on wood features ▪ Repainting of exterior and interior surfaces ▪ Window repair, including repair of double-hung windows to restore operation ▪ Improvements to the building foundation ATTACHMENT 2 Packet Page 80 Historic Property Preservation Agreement 771 Buchon Street Page 8 EXHIBIT “B” Legal Description For APN/Parcel ID(s): 003-536-001 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: ALL THAT PART OF LOTS 7, 8, 9, AND 10 OF BLOCK 117 OF MURRAY AND CHURCH’S ADDITION TO THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BUCHON AND GARDEN STREETS IN SAID CITY AND RUNNING THENCE NORTHEASTERLY ALONG THE SOUTHERLY LINE OF BUCHON STREET 50 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY AND PARALLEL WITH THE EASTERLY LINE OF GARDEN STREET, 150 FEET; THENCE AT RIGHT ANGLES SOUTHWESTERLY AND PARALLEL WITH THE SOUTHERLY LINE OF BUCHON STREET 50 FEET TO THE EASTERLY LINE OF GARDEN STREET; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE OF GARDEN STREET 150 FEET TO THE POINT OF THE BEGINNING. ATTACHMENT 2 Packet Page 81 Historic Property Preservation Agreement 771 Buchon Street Page 9 State of California } County of San Luis Obispo } On________________, before me __________________________________________, Date Name and Title of the Officer personally appeared, _____________________________________________________, Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On________________, before me __________________________________________, Date Name and Title of the Officer personally appeared, _____________________________________________________, Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. ATTACHMENT 2 Packet Page 82 Historic Property Preservation Agreement 771 Buchon Street Page 10 State of California } County of San Luis Obispo } On________________, before me __________________________________________, Date Name and Title of the Officer personally appeared, _____________________________________________________, Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above State of California } County of San Luis Obispo } On________________, before me __________________________________________, Date Name and Title of the Officer personally appeared, _____________________________________________________, Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __________________________________ Signature of Notary Public Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. ATTACHMENT 2 Packet Page 83