R-10430City Council Meeting: 10/27/2009 Santa Monica, California
RESOLUTION NUMBER ioa3o (ccs)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE A HISTORICAL
PROPERTY CONTRACT IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 50280 WITH THE OWNER OF THE PROPERTY
LOCATED AT 514 PALISADES AVENUE IN SANTA MONICA
WHEREAS, Government Code Sections 50280 et sec. authorizes a city to enter
into a historical property contract with the owner of any qualified historical property to
restrict the use of such property so that it retains its historically significant characteristics
in return for which the property owner obtains property tax relief; and
WHEREAS, Santa Monica Municipal Code Section 9.36.270(8) provides that
designated structures of merit, landmarks, and contributing structures located in historic
districts that are privately owned shall be considered qualified historical properties
eligible to enter into historical property contracts with the City upon resolution by the
City Council; and
WHEREAS, the property located at 514 Palisades Avenue is a designated City
Landmark and the owner of the property has filed an application to enter into a historical
property contract with the City; and
WHEREAS, the Landmarks Commission reviewed the owner s application at its
September 14, 2009 meeting and directed City Staff to forward a recommendation to
the City Council in support of the application; and
WHEREAS, the City Council has determined that it is appropriate for the City to
enter into a historical property contract with the owner of the property located 514
Palisades Avenue.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.36.270(g), the
City Council authorizes the City Manager to enter into a historical property contract with
the owner of the property located at 514 Palisades Avenue, Santa Monica, California in
accordance with Government Code Sections 50280 et sec .
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
~~ ~ ~ ~
MA SHA~JES MO TRIE
Cit torriey
F:\CITYPLANNING\SHARE\COUNCIL\MILLS ACT2009\2009 MA RESOLUTION (514 PALISADES AVENUE).DOCX
Recording Requested Bv:
City of Santa Monica
When Recorded Mail To:
City of Santa Monica
1685 Main Street
Santa Monica, California 90401
Attention: City Attorney
No Recording Fee Required
Government Code Section 27383
Contract No. (CCS)
HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered in to this-27th day of October, 2009 by
and between the City of Santa Monica, a municipal corporation (hereinafter referred to
as the "City") and Victor and Diane Fresco (hereinafter referred to as the "Owner").
RECITALS:
A. California Government Code Section 50280, et seq. authorizes cities to
enter into contracts with the owners of qualified historical property, as defined in
Government Code Section 90280.1, to provide for the use, maintenance and restoration
of such historical property so to retain its characteristics as property of .historical
significance;
B. Owner possesses fee title to certain real property, together with
associated structures and improvements thereon, located at 514 Palisades Avenue,
Santa Monica, California, (hereinafter such property shall be referred to as the "Historic
Property"). A legal description of the Historic Property is attached hereto, marked as
Exhibit "A" and is incorporated herein by this reference;
C. On May 12, 2008, the Landmarks Commission of the City of Santa Monica
designated the Historic Property as a historic landmark pursuant to the terms and
provisions of Santa Monica Municipal Code Chapter 9.36; and,
D. On October 27, 2009 the City Council of the City of Santa Monica
approved Resolution Number authorizing the execution of this Agreement
between the City of Santa Monica and the property owner of 514 Palisades Avenue;
and
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E. City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of
the Historic Property and to qualify the Historic Property for an assessment of valuation
pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California
Revenue and Taxation Code.
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants
and conditions set forth herein, do hereby agree as follows:
1. Effective Date and Term of Agreement. This Agreement shall be effective
and commence on January 1, 2010 and shall remain ih effect for a term of ten (10)
years thereafter. Each year upon the anniversary of the effective date, such initial term
will automatically be extehded as provided in paragraph 2, below.
2. Renewal. Each year on the anniversary of the effective date of this
Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be
added to the initial term of this Agreement unless notice of nonrenewal is mailed as
provided herein. If either Owner or City desires in any year not to renew the
Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement on
the other party in advance of the annual renewal date of the Agreement. Unless such
notice is served by Owner to City at least ninety (90) days prior to the annual renewal
date, or served by City to 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. Upon
receipt by the Owner of a notice of nonrenewal, Owner may make a written protest of
the notice of nonrenewal. At any time prior to the renewal date, the City may withdraw
its notice to Owner of nonrenewal. If either City or Owner serves notice to the other of
nonrenewal in any year, the Agreement shall remain in effect for the balance of the term
then remaining, either from its original execution or from the last renewal of the
Agreement, whichever may apply.
3. Standards for Historical Property. During the term of this Agreement, the
Historic Property shall be subject to the following conditions, requirements and
restrictions:
a. Owner shall preserve and maintain the Historic Property in
accordance with the minimum standards and conditions for maintenance, use and
preservation attached hereto as Exhibit "B", and incorporated herein by this reference.
b. Owner shall make improvements to the Historic Property in
accordance with the schedule of home improvements, drafted by the applicant and
approved by the City Council, attached as Exhibit "C", and incorporated herein by this
reference.
c. In any restoration or rehabilitation of the property required by
subsections (a) and (b) of this Section 3, the Owner shall restore and rehabilitate the
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property according to the rules and regulations of the Office of Historic Preservation of
the State Department of Parks and Recreation, the United States Secretary of the
Interior's Standards for Rehabilitation, the State Historical Building Code, and the City of
Santa Monica to the extent applicable.
d. Owner shall allow reasonable periodic examinations, by prior
appointment, of the interior and exterior of the Historic Property by representatives of
the County Assessor, State Department of Parks and Recreation, State Board of
Equalization, and City, as may be necessary to determine owner's compliance with the
terms and provisions of this Agreement.
e. Before undertaking the property maintenance required by
subsection (a) of this Section 3 and the home improvements required by subsection (b)
of this Section 3, Owner shall obtain all necessary building and planning permits to the
extent required by local law, including but not limited to, a Certificate of Appropriateness
4. Provision of Information of Compliance. Owner hereby agrees to furnish
City with 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 on
an arinual basis.
5. Cancellation. City, following a duly noticed public hearing as set forth in
California Government Code Section 50285, may cancel this Agreement if it determines
that Owner breached any of the conditions of this Agreement (including the obligation to
restore or rehabilitate the property in the manner specified in subparagraph 3 (c) 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 set forth in Government Code
Section 50280.1. In the event of cancellation, Owner may be subject to payment of
cancellation fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six (6) months of
execution of this Agreement, the City shall send written notice of this Agreement,
including a copy hereof, to the State Office of Historic Preservation.
7. Enforcement of Agreement. In addition to the remedy provided in the
cancellation provision of this Agreement, City may specifically enforce, or enjoin the
breach of, the terms of this Agreement.
The City does not waive any claim of Owner default if 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 Santa Monica Municipal Code Chapters 9.36 and
9.40 are available to the City to pursue in the event that there is a breach of this
Agreement. No waiver by City of any breach or default under this Agreement shall be
deemed to be a waiver of any subsequent breach or default.
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8. Burden to Run With Property. The covenants and conditions herein
contained shall apply to and bind the heirs, successors and assigns of all the parties
hereto and shall run with and burden the subject property for the benefit of the
surrounding landowners and the City of Santa Monica. Owner shall expressly make the
conditions and covenants contained in this Agreement a part of any deed or other
instrument conveying any interest in the property.
9. Notice. Any notice required to be given by the terms of this Agreement
shall be provided at the address of the parties as specified below or at any other
address as may be later specified by the parties.
To City: City of Santa Monica
1685 Main Street, Room 212
Santa Monica, CA 90401
Attention: Department of Planning and Community
Development
To Owner: Victor and Diane Fresco
514 Palisades Avenue
Santa Monica, CA 90402
10. No Joint Venture. 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 venturers or members of any joint enterprise.
11. Hold Harmless. As between the City and the Owner, the Owner is
deemed to assume responsibility and liability for; and the Owner shall indemnify and
hold harmless the City and its City Council, boards and commissions, officers, agents,
servants. or employees from and against any and all claims, loss, damage, charge or
expense, whether direct or indirect, to which the City or its City Council, boards and
commissions, officers, agents, servants or employees may be put or subjected, by
reason of any damage, loss or injury of any kind or nature whatever to persons or
property caused by or resulting from or in connection with any negligent act or action, or
any neglect, omission or failure to act when under a duty to act, on the part of the
Owner or any of its officers, agents, servants, employees or subcontractors in this or
their performance hereunder.
12. Attorneys' Fees and Costs. In the event of any controversy, claim or
dispute between the parties hereto, arising out of or relating to this Agreement or breach
thereof, the prevailing party shall be entitled to recover from the losing party reasonable
expenses, attorneys° fees and costs.
13. Severabilitv. In the event any limitation, condition, restriction, covenant or
provision contained in this Agreement is held to be invalid, void or unenforceable by any
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court or competent jurisdiction, the remaining portions of this Agreement shall,
nevertheless be and remain in full force and effect.
14. Applicable Law. All questions pertaining to the validity. and interpretation
of this Agreement shall be determined in accordance with the laws of California
applicable to contracts made to and to be performed within the state.
15. Recordation. Within 20 days of execution, the parties shall cause this
Agreement to be recorded in the official records of the County of Los Angeles.
16. Amendments. This Agreement may be amended, in whole or in part, only
by a written recorded instrument executed by the parties hereto.
17. Sale or Conversion of Property. In the event of sale or conversion of the
Historic Property, the Conditions, Covenants and Restrictions (C. C. & R.'s) for the
Historic Property, if required, shall incorporate by reference all obligations and duties of
the parties created by this Agreement.
18. Prohibition Against Discrimination. Owner agrees not to discriminate or
impose any restrictions on the sale, lease, or occupancy of the Subject Property on the
basis of sex, race, religion, ancestry, national origin, age, sexual preference, pregnancy,
marital status, family composition, or the potential or actual occupancy of minor
children. Owner further agrees to take affirmative action to ensure that no such person
is discriminated against for any of the aforementioned reasons.
IN WITNESS WHEREOF,. City and Owner have caused this Agreement to be
executed as of the day and year first written above.
CITY OF SANTA MONICA
A Municipal Corporation,
By:
P. LAMONT EWELL
City Manager
APPROVED AS TO FORM:
OWNER
MARSHA JONES MOUTRIE VICTOR FRESCO
City Attorney
By:
DIANE FRESCO
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ATTEST:
MARIA STEWART
City Clerk
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On , 2009, before me,
the undersigned, a Notary Public in and for said State, personally appeared
personally known to me - OR -proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity as property owner.
WITNESS my hand and official seal.
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 514 Palisades Avenue
Number of Pages: 5, plus Exhibits A. B, and C
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On , 2009, before me,
the undersigned, a Notary Public in and for said State, personally appeared
personally known to me - OR -proven to me on the basis of
satisfactory evidence to be the person whose name is subscribed to .the within
instrument and acknowledged to me that he executed the same in his authorized
capacity as property owner.
WITNESS my hand. and official seal.
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 514 Palisades Avenue
Number of Pages: 5, plus Exhibits A, B, and C
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On , 2009, before me, the undersigned, a Notary Public in and
for said State, personally appeared P. Lamont Ewell, known to me to be the CITY
MANAGER of the CITY OF SANTA MONICA, a Municipal Corporation, that executed
the within instrument on behalf of the CITY OF SANTA MONICA, and acknowledged to
me that the CITY OF SANTA MONICA executed the same.
WITNESS my hand and official seal.
SEAL Notary Public in and for said State
Description of Instrument
Title: Historic Property Preservation Agreement
Property location: 514 Palisades Avenue
Number of Pages: 5, plus Exhibits A, B, and C
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EXHIBIT "A"
LEGAL DESCRIPTION
In the City of Santa Monica, County of Los Angeles, State of
California:
LOT 61 IN BLOCK "B" OF THE PALISADES, AS PER MAP
RECORDED IN BOOK 7 PAGE 154 OF MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
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EXHIBIT "B"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
As required by Landmarks Ordinance Section 9.36.190, all designated landmarks and
structures located within a historic district shall be maintained in good repair and
preserved against deterioration through the prompt repair of any of the following:
1. Facades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or
floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal
members which age, split or buckle due to defective material or
deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs,
foundations or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering,
including lack of paint or weathering due to lack of paint or other protective
covering.
6. Any fault or defect in the building which renders it not properly watertight
or structurally unsafe.
In addition, the following maintenance measures are also required for the subject
property:
1. Maintain all electrical and plumbing systems in safe, working order; repair
and replace as necessary.
**The property owner is required to obtain all necessary building permits and planning permits
such as a Certificate of Appropriateness for the work specified herein.**
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EXHIBIT "C"
HISTORIC PROPERTY PRESERVATION AGREEMENT
PROPOSED HOME IMPROVEMENTS
The following projects shall be completed by the property owner of 514 Palisades
Avenue over the initial ten (10) year term of the contract.
Item Year Task
1 2009 Prune four palms; camphor and eucalyptus trees
2 2009 Saw cut drains to front slab to solve ponding issue on front porch.
3 2009 Repair roof leak iri west wall/roof junction over west door.
4 2009 Rehang door in west hall -
5 2009 Refurbish (relead) leaded stained glass window in east dining room.
6 2009 Replace six worn out windows on west wall.
7 2009 Repair termite damaged pilings in crawlspace.
8 2009 Replace interior stair to basement.
9 2009 Install new basement windows on west wall.
10 2009 Redo oak panels of front door.
11 2010 Repaint interior of entire house.
12 2010 Replace cupping hardwood floors in family room.
13 2010 Refinish original hardwood stained wall panels in dining room.
14 2010 Seal floor the in kitchen and upstairs bath.
15 2010 Refinish counter in kitchen.
16 2010 Install new hardwood floor in bedroom.
17 2010 Refinish original cabinets in office.
18 2010 Refinish original cabinets in downstairs sitting room
19 2010 Redo bathroom sink in first floor powder room.
20 2010 Replace water heater with stank-less water heater.
21 2011 Replace portion of foundation on north, east and south side.
22 2011 Replace piers in crawlspace.
23 2012 Prune four palms, camphor and eucalyptus trees.
24 2014 Check fireplace for cracks in living room.
25 2015 Prune four palms, camphor and eucalyptus trees.
26 2015 Repaint exterior of entire house.
27 2015 Replace decaying roof beams and outriggers on west and south sides.
28 2016 Tent house for termites.
29 2018 Prune four palms, camphor and eucalyptus trees.
30 annual Check for efflorescence/cracks in stucco.
31 annual Check and clean gutters and downspouts.
32 annual Check and clean/repair metal screens/vents.
33 annual Patch any cracks where water can enter in concrete footings.
34 annual Repair sidewalks, slabs, drives where lifted by tree roots.
35 annual Replace alarm screens of wood windows as needed.
36 annual Repair hardware and locks of wood doors as needed or when re-keyed.
37 annual Repair plastic skylights as needed.
38 annual Repair/replace screen doors as needed.
39 annual Patch wood shingle roofing as needed.
40 annual Replace galvanized roof vents, jacks, as needed.
41 annual Check for proper separation between wood framing and soils.
42 annual Relath and replaster interior walls as needed.
43 annual Check interior the for moisture penetration.
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44 annual Inspect electrical wiring, switches and outlets.
"*The property owner is required to obtain all necessary building permits and planning permits
such as a Certificate of Appropriateness for the work specified herein. `*
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Fonda-Bonardi &Hohman
Architects
Mario. Fonda-Bon~rdi, AIA
Van Hohman, AIA
1450 23rd Street,
Santa Monica, CA 90404
310.453.1134 telephone
310.828.5830 facsimile
tbazch@mncentdc.net email
September 12,200$
Report of Conditions of the Landmarked Residence at 514 Palisades Avenue,
Santa Monica, California.
Scope of Report
The scope of the report is to generally describe the condition of the historically
significant features of the home and describe their preservation considerations for the purpose
of applying for Mills Act Tax relief.
General Description
This home was built in 1911 and was landmarked in June of 2008 (08-LM-0020) as an
example of the Craftsman Architectural Style. It is a large two story approximately 4770
square feet home (2810 sf first floor and 1,960 sf 2"d floor) on a large flat 100'x175' lot between
Palisades Avenue and the alley named Montana Place North just south of the roundabout. The
neighborhood consists of a mixture of large historic single-family homes covering a hundred
years of Santa Monica history. The lot is extensively Iandscaped with large mature trees
including 4 huge palmsin the front yard and large privacy hedges on the sides and rear. There
is a pool and sma11378 sf guesthouse over the garage in the east corner of the lot. These
accessory structures are not historically significant (See City Landmark Assessment Report 514
Palisades (Palisades Tract Block B Lot 61} Santa Monica California dated Aprfl 2008 by PCR
Services Corp. attached). This home is a classic "Craftsman' style of the 1900-1920 period.
These Craftsman homes typically had the following characteristics:
a. Two story rambling wood structures with shingles or siding
b. Extensive overhangs often with highly detailed rafter tails
c. Wide entry veranda or porch with stone or brick pilasters
d. Wood doors and windows with exposed header beams
e. Low pitched roofs
f. Gable end cave vents
The subject home shows all these characteristics well. It could be part of or contribute to
a possible future historic district of the Palisades Beach Tract and has been rated, worthy of a
local designation 3D and 5B, but it is not worthy of individual National Registry because of a
2005 relatively new 2-story addition visible on the east side of the building. The building
already had another earlier (1985) addition to the south of the original structure. Even with
these additions, which are not unusual for a 97-year-old house, it still preserves its grand
Craftsman character. The current owners, the Diane and Victor Fresco have lived in it since
1995, have very carefully remodeled it maintaining its historic character and have show cased
Page 2
it at various Santa Monica Conservancy events. They did an initial rehab and remodeling in
1995 followed by then major eastern expansion adding 726 square-feet in 2005.
Maintenance of Historically Significant Elements
The house is in good shape and thus requires maintenance only (no restoration is
contemplated or necessary):
WOOD FRAMING: Termites are the major enemy of a 97-year-old wood framed home's
indefinite sustainability, therefore a program of termite inspection and repairs should be
instituted every ten years or sooner if the building is sold or if evidence of termite infestation
(frass, tubes etc) appears since the lastinspection/repair completed. Any replacement of
termite-damaged wood should be of the same type, dimensions and texture of the original.
EAVES
Rafter tails and barges must be painted every 10 years minimum and sooner if the exposed
ends which extend beyond the roof show any sign of deterioration. The eave sheathing should
be checked and replaced if showing softness, water damage and or dry rot. Any replacement
of roof detailing wood should be of the same type, dimensions and texture of the original and
painted from the same earth tone palette. The existing western and southern beams and
outriggers particularly are vulnerable and already show signs of decay and previous repairs.
They can be patched with wood epoxy up to a point, but afterwards the entire exposed roof
framing structure must be replaced. Depending on how this is done, it will involve removing
the roof and refraining portions of the house. Exactly when this will be required, is unknown
but it has been scheduled for 2015 and represents about a third of the projected ten-year
maintenance cost of the building. The 11-year-old wood shingle roof itself has many years of
life left (once a leak on the west side is fixed), but the outrigger repair may thus trigger an
"early° whole or partial roofing replacement. The proposed budget assumes anall-new roof.
FRONT PORCH: The front porch concrete slab only shows some ponding in the middle. The
easiest way to correct this problem, is to saw cut slightly deeper scour lines in the existing 3'
square scour lines, this allows them to drain to the north and preserves the original sanded
concrete floor. If this drainage solution does not work the porch can be replaced. This is a
major job and would best be done when the existing "old" foundation is redone (scheduled for
2011). The masonry stone battered pilasters are in good shape and do not require repairs.
WOOD WINDOWS and HEADERS: The 6 western double hung windows on the ground floor
are showing signs of aging and need to have their mechanisms replaced. That has been
budgeted for 2009. The other windows need periodic painting (at least every 1D years) with
screen replacement as required. In the newer windows weather stripping can also be replaced
at the time of painting. The significantly visible north windows, many o£ which are protected
by substantial overhangs, appear to be original, and could easily go another 20 years before
replacement. New window frames if any should adhere as much as possible to the original
profiles although they are likely to be slightly thicker considering the desirability of double
glazing. Screens should be replaced every 20 years but fall outside of our first 10-year
maintenance plan.
FOUNDATIONS: The old footing foundations on the north and east side of the house are
cracked in some areas and have settled differentially and the crawlspace piers are also
substandard. The western foundation has already been upgraded to current standards (2 #4
Page 3
reinforcement bars top and bottom). The house has already been bolted to its foundations.
After a more in depth analysis of the foundations, those repairs are scheduled for 2011. The
budget allows for a complete foundation replacement if it turns out to be necessary. This work
should be done in conjunction with the front porch. repair if the saw cut fix is insuffinent.
SEISMIC STABILITY: Although the building has already survived several large
(1933,1971,1994 etc.) 6.5 to 6.8 Richter Scale earthquakes, there is the chance that a perverse
direction, duration or intensity of an earthquake could substantially damage this historic
building. The upgrading of the foundations (already completed on the west side and in the
new eastern addition) will reduce (but not eliminate) this danger. This is the third most
expensive repair and is second in importance to long-term sustainability only to termite
control and keeping the building dry. So to increase (but not guarantee) the survivability of
this structure from earthquakes four cost effective things should be done apart from the
foundation repair: 1) Immediately fix any leaks or water intrusion possibilities to keep the
framing wood dry and thus unweakened 2) in the event of any new interior or exterior work,
additional plywood reinforcement could be added to any exposed studs (with appropriate
additional bolting, straps and holddowns) to increase the building's rigidity 3) in event of a
large earthquake a camera could be lowered down the chimney to inspect its integrity
(scheduled for 2014). Naturally if it requires rebuilding or repairs, these should be
accomplished to the same size, texture and detailing as the original. In this spirit, the front
porch stonework should be carefully photographed as it is in place. In the event of some stone
spalling during an earthquake, the photographs will allow the wall to be rebuilt stone for stone
in the exact configuration as the original stones.
CRAFTSMAN DETAILING. The house has beautiful craftsman detailing in excellent shape
including the large eastern stain glass window, the classic craftsman front door, the paneling
in the dining room and builtin cabinetry and paneling in the living room, sitting room, office
and other parts of the house. While the Mills Act wisely concerns itself with the preservation
of the outer character of the building allowing the interior to evolve per different owner's
needs over the decades, in this building so much of the character is in this detailing because
the inner and outer parts of the building are so intricately linked. This craftsman detailing has
survived different owners for almost a century and should be maintained and preserved at all
costs into the next hundred years. Those maintenance "interior' character-preserving elements
have been separated into the column labeled "Interior Probable Costs".
COSTS
The estimated probable maintenance costs for the exterior for the next 10 years is about
$172,000 for the exterior and $57,000 for the interior totaling $229,000 or about $22,900 per year
average (approx. $2000/mo). The house is owner occupied but would rent for about
$21,000/month on the open market of similar historic homes.
Conclusion
By sustaining an ongoing maintenance program, of this already well-maintained house,
the owners can actively carry this building forward historicallyintactfnr several decades. The
interior will continue to evolve as different owners replace, upgrade and alter the interior
finishes and fixtures hopefully preserving the original craftsman detailing. However, the
historic exterior (particularly the visible north side) can easily remain unchanged and
historically exemplary if all maintenance work is done consistent with what is there now.
Page 4
Attachments
10 year Maintenance Plan
Master Maintenance Plan
City Landmark Assessment Report
Landmarking Findings and Determination
Copy of Current Tax Bill
Grant Deed
Spread Sheet
Sincerely,
~~~~~~~.
Mario Fon a-Bonardi, AIA
Architect
cr
Y~~i~o'D
Sept 12,2008
Master Maintenance Schedule for 514 Palisades
Listed below are the replacement and maintenance schedules for items of normal initial
quality and average wear and tear., Variations in time and task will exist depending on initial
quality and workmanship, previous maintenance, actual use, exposure on building etc. Listed
below are historical averages for well-installed items subjected to average. usage. The guest
house/ garage is not included in the Mills Act maintenance requirements (NA means this item
is Not Applicable to the Mills Act portion of this job or doesn't occur on this job)
ITEM MAINTENANCE REQUIRED
Exterior Items exposed to elements
All wood structural members KEEP DRY (fix all leaks and water penetrations)
(Balcony beams eaves etc) Termite inspection, treatment and every 10 years
Re stain or paint every 10 years
Replace every 100-300 years
Western and southern beams/outriggers may need
replacement sooner
Wood sidingrailings/stairs Re stain every 10 years or as needed
Replace after 50-200 years
Wood decking NA Check for rotting under posts annually
Check flashing on west side annually
Re stain or clear wood finish every 3 years
Wood door and window casings and trim
Re stain every 10 years or as needed
Replace after 50-200 years
~-Stucco ~-Check for efflorescence/ cracks annually....
Paint every 10 years
Sandblast and Color coat every 50 years
' -Relath and replaster when cracks become
unbridgeable
Approx 100-200 years to replace (insulate if walls are
opened)
~1Gletal Gutter/downspouts dean, check and repair annually
Paint every 10 years
Replace every 20 years (galvanized)
~~Metal Screens/vents glean, check and repair annually
Paint every 10 years
Replace every 50-100 years, best when stucco color
coated
Masonry fireplaces assume low use Clean and inspect every 10 years
Inspect by camera for cracks after major earthquake
approx 20-year cycle
~I'refab fireplaces NA Q~sually check firebox integrity annually
Replace after 40 years of normal use
~~oncrete footings match any cracks where water can enter where visible
Estimated life 100-300 years
+-Concrete slabs/sidewalks/drives .Repair sidewalks, pool patio where lifted by roots as
needed
Repour driveay apron and sidewallc 80 years
'Asphalt driveways NA Resiripe Basketball court 5 years
Reseal every 8 years
match where lifted by roots as needed
Replace at 30 years
Flagstone & Concrete pavers or brick on soil. Relevel after 20 years
Replace at 100-150 yeazs
~-1Gfasonry planter wall NA :?'Wash off any efflorescence every 2 yeazs
Excavate and rewaterproof interior as needed
Replace at 40-100 years
Gunite or plaster pool NA Inspect for cracks annually or if water consumption
peaks
Replaster at 20-40 years
Gunite or plaster pool coping NA Replace 30-60 years
Pool cover NA Replace 5-10 years or whenever tears occur
Exterior Windows & Doors
`--4~ood windows ~ Replace alarm screens as needed
Replace screens at 8-12 years
Repaint and repoint glazing putty at 10 years
Replace 40-100 years
LkK~ood doors Repaint or stain at 10 years
Repair hardware, locks etc. as needed or when
rekeyed
Replace 80-100 years
Gazage doors NA Replace mechanism as needed
Paint/ stain at 10 years
Replace motor, sensors at 20 yeazs
Replace door/tracks 30-60 years
Glass block NA Repoint at 20-50 years or if leaks
Replace at 40-90 years
Glass skylights NA Repair if leaks
Replace at 30-80 years or when reroofed
Plastic Skylights s~epair if leaks
Replace 25-50 years
~`SCreen doors replace/ repair as needed when broken
Replace at 20-30 years
Leaded glass Relead every 50 years
Roofs
~%Vood Shingle ~I'atch as need when leaks
Replace 40-70 years
Clay file NA Repair whenever workman are on roof or trees fall
Replace 60-100 years
tG`alvanized roof vents, jacks etc +.R~eplace when reroofed or when leaks appear
Struchxre not exposed to elements
Wood framing solid timber and composites Check annually soil is not within 6" of wood
framing (old code new code requires 8" separation to
soil
Tent for termites every 10 years or when frass appears
Repair/replace if termites/mold have damaged more
than 50% of thickness
Estimated life 200-1000 years, probably cannot be
replaced without destroying house
Plywood or OSB Same as wood framing
Add plywood to all walls exposed during remodels
or repairs
Concrete slab Saw cut for drainage unless too deep or
settlement cracks or exceeds comfort level
Replace at 150-200 years
Interior Floor Finishes
Carpet (guest room) Replace at 7-20 years or as needed
Clay file ("Mexican' pavers} NA Check for moisture penetration, efflorescence as used
Repoint and reseal grout at30 years
Replace when cracking or frachiring 40-100 years?
Ceramic Tile Check for moisture penetration, efflorescence as used
Repoint and reseal grout at 30 years
Re hot mop showers /sauna at 30 years
Replace when cracking or fracturing 60-100 years?
Hardwood flooring (oak maple etc) Refenish7-15 years
Replace when refinishing exposes tongue and groove
or when splinters/disintegrates (40-$0 years)
Interior Walls and Ceilines
math and plaster Patch and repaint every 10 years
yRelath and replaster when cracks become
unbridgeable
Approx 100-200 years to replace (insulate and
plywood if walls are opened )
Nile ~-'Check for moisture penetration, efflorescence as used
Repoint and reseal grout at 30 years
Replace when cracking or fracturing 60-100 years?
Interior Miscellaneous Finishes
Wood kitchen cabinets &wall panels Repaint or restain as needed (approx 10 years)
~-Replace hardware as needed
Replace cabinets 20-100 years
Tile counters Check for moisture penetration, efflorescence as used
Repoint and reseal grout at 30 years
Replace when cracking or fractuuing 60-100 years?
Shower curtains 5 years or when uncleanable
Shower doors Check gasket for leaks
Replace 25-60 years or when becomes corroded
Wood shelving Wood interior doors& Repaint as needed approx 10-20 years
Casing and tdm Fix hardware as needed
Replace at 40-120 years
Curtains/drapes Clean annually
Replacel0-20 years
Mirrors (built in/medicine chests) Replace when blackening starts 20-60 years
Bath Hardware Replace when corroded or detached: 20-80 years
Electrical
Wiring, Switches /outlets Lights Fans Check when circuit breakers short or burning smell
Replace 50-100 years
Phone systems, Sound systems, Door Repair as needed replace at 10-40 years
Chimes, Security Systems, T'V/cable
Plumbing
Copper water piping
"Black Iron° gas piping
Cast Iron drains
ABS/PVC drains
PVC irrigation lines
Toilets /bidets
Sinks
Bathtubs cast iron
Bath tubs fiberglass
Spa tub/hot tub (fiberglass)
Mechanical
Furnace
Ducting and registers
Airconditioning compressor NA
Water heater
Dishwasher
Garbage disposal
Oven/stove
Hood/ fan
Washer
Dryer
Refrigerator/freezer
Microwave
Pool Heater
Landscaping
Watering
Mow lawn, prune, mulch etc
Prune large trees, Palms
Fix as needed replace at 30-60 years
Fix as needed replace at 50-80 years
Fix as needed replace at 50-80 years
Fix as needed
Replace at 30- not known too early to tell
annual maintenance replace at 20-40 year s
Fix as needed replace 25-50 years
Fix as needed replace 30-60 years
Fix as needed replace 25-50 years
Fix as needed replace 20-30 years
Fix as needed replace 15-25 years
Fix as needed replace 15-30 years
Fix as needed replace 20-60 years
Fix as needed replace 10-25 years
Fix as needed replace 10-15 years
Fix as needed replace 10-20 years
Fix as needed replace 12-30 years
Fix as needed replace 30-50 years
Fix as needed replace 20-30 years
Fix as needed replace 10-15 years
Fix as needed replace 12-20 years
Fix as needed replace 15-25 years
Fix as needed replace 10-20 years
Fix as needed replace 10-20 years
Daily on timer, adjust seasonally and
Possibly none for established natives and drought
Tolerant plants
Weekly
Every 3 years
Si c~~~~~ " ", "_ ~L~Q.t~ .
~~ ~~ario Fonda-Bonardi, AIA
Fonda-Bonardi & Hohman
Architects
Mario Fonda-Bonardi, AIA
Van Hohman, AIA
1450 23rd Street,
Santa Monica, CA 90404
310.453.1134 telephone
310.828.5830 facsimile
fbarch@concentric.net email
September 12,2008
10 Year Maintenance Plan- (2009-2018) for the Landmarked Residence at 514
Palisades Avenue, Santa Monica, California.
This home is in excellent condition and needs only periodic maintenance to maintain it in
that condition. That maintenance will be done on an as needed basis: that is when building elements
start showing wear and tear, that might compromise their appearance or function. It is very difficult
to predict exactly when a particular building element will reach that replacement point. So the
following 10 year schedule is a general guide for when the owner plans to perform specific
maintenance tasks, however they may be realistically done slightly earlier or later than the exact
year specified, but will be generally within the 10 year window required by the Mills Act. Please
note that for a well maintained house, the initial projected 10 year maintenance cost are artificially
low compared to the life cycle costs of maintaining a historically significant property in perpetuity.
This is because many very expensive long lived maintenance items (see Master Maintenance
Schedule e.g. new roof, new windows, new plumbing) will start to appear later when the house is
100 to 150 years old. It is currently 97 years old. Those "blockbuster" maintenance costs will occur in
addition to the usual 10 year maintenance items (paint, new carpet, etc.) that reoccur every decade
(see attached maintenance schedule). Therefore, when calculating the equitable tax reduction for a
well maintained historical property, the first decade cannot be entirely used to establish the basis for
what may be a perpetual tax reduction. The proposed reduction should be incremented by some
substantial general factor to account for the future expense (amortization) of expected expensive
long life items that will occur beyond the 10 year initial Maintenance Plan.
Page 2
ear tem (1) ocation xterior terior stimated ear last
xpected robable robable ormal one
ost (2) ost (2) ecurrence
009 e 4 palms and ront yard and side 00 yrs 006
am hor tree
rune Eucalyptus rout yard 00 yrs 006
aw cut drains to rout porch 00 s needed
ont slab see if
olves ondin
ix roof leak in west er west door 1000 s needed
all/roof 'unction
ehang door est hall 00 0 yrs ?
efurbish(relead) ast dining room 000 0 yrs 911
eaded stain glass
indow
eplace 6 worn out est wall 000 0-100 yrs 1911
' Bows $S00 ea
epair termite rawlspace 000 s needed 1911
amaged pilings 6'
c in old house 20@
50
eplace interior too asement 000 00 years 1911
teep stairs safety
'ssue)
ew basement est wall 50 eplaces 1911
' doves $250 ea ents
edo oak panels ront door 1000 0 years
010 epaint interior mire House 8000 10 years 1998
eplace cupping amity room 980 0-80 years 1985
ardwood floor 460
f
efinish original 'groom 000 0 years 1911
ardwood stained
all anels
eat floor file 'tchen& Upstairs 1000 0 year 005
ath
efinish counter 'tchen 1000 10 years 005
Page 3
ew hardwood hildreri s center 940 0-80 years 911
ooring 226sf@ edroom
13/sf
efinish original downstairs office 000 0 years ?
abinets
efinish original downstairs front 000. 0 years
abinets ittin room
edo bathroom sink owder room first 000 0 years ?
oor
eplace water est closet 500 0-15 years
eater with tankless
011 ld Foundation orth/east/ south 7600 1500 100-300 yrs 1911
eplacement 138 lin ide
@200/If
e lace iers yawls ace 000 100-300 s 911
012 rune 4 palms and rout yard and side 200 yrs 009
am bore tree
rune Eucalyptus rout yard 00 yrs 009
014 eck fireplace for 'wing room 00 0 years or
asks spection er
n1 arth uake
015 rune 4 palms and rant yard and side 00 yrs 012
am hor tree
rune Eucalyptus ront yard 00 yrs 012
epaint exterior(4) ntire House 0000 0 years 1997
eplace decaying est & south side 0480 100-300 yrs 911
oof beams,
utri ers (3)
016 ent house for ole House 000 10 yr 006?
ermites
018 rune 4 palms and rout yard and side 00 yrs 015
am hor tree
e Eucalyptus ront yard 00 yrs 015
OTAL STIMATED 10 YR OST 72530 6920
(1) The list off items includes the primary architectural maintenance items, but these are not the only
items that need maintenance or that create maintenance expenses for a home of this quality. Items
such as landscape services, pool services, trash pickup, utilities, future electronic improvements
Page 4
(High definition TV wiring etc) alarm fees, improvements, repairing water damage-if any,
insurance, furniture and furnishings etc. are excluded. For example, the maintenance of a security
system at approximately $300/year is not listed. Also excluded are significant future expenses that
will fall outside of the initia110 year window There is no warrantee inferred or implied that these
are the only maintenance expenses for any given year.
(2) The estimated probable costs shown in 2008 dollars are for current costs of medium quality
workmanship and materials. No adjustment for inflation is included since the possible property tax
reduction is assumed to be indexed to inflation or Prop 13 in some equitable manner. No warrantee
is inferred or implied that this is the amount that will be required or expended to perform that
particular task.
(3) Existing wood top shingle roof was replaced in 1997 while the lower roof was replaced 2005.
These roofs have an expected life of 40-70 years. However, to replace decaying exposed beams(about
$30,000) and outriggers will require replacing some roofing at minimum and if the whole roof is
replaced 4048 square feet @ about 10/ sf is $4Q480.
(4) House was exterior painted in 2D05(?} so it needs to be repainted/restained sometime by 2015
actual painting may occur earlier (eg when interior is being painted or when roof beams and
outriggers are being replaced).
Sincerely,
G%~G~G Uvc~G. ~~
Mario Fonda- onardi, AIA
Architect
ESTIMATE FINANCIAL ANALYSIS FOR MILLS ACT CONTRACT*~
514 Palisades Avenue
REVENUES
1) Est. Monthly Rental Income
2) Annual Rental Income
Current
$21,000 (estimate only ")
$252,000
ANNUAL EXPENSES
Gen. Expenses: 25%SFD, Others 30% $63,000
Vacancy loss 3% $7,560
8) Total Expenses $70,560
NET OPERATING INCOME (NOI) $181,440
(Line 2 Minus 8)
CAPITALIZATION RATE
9) Interest Component 6.75%
10) Historic Property Risk 4%
(2%, or 4% for SFD)
11) Property Tax Component 1
12) Amortization Component 0.5%
13) Capitalization Rate 12%
(Sum Line 9 - 12)
TAXES
14) MiIlsActAssessment $1,481,143
(NOI/ Line 13)
15) Tax Under Mills Act $15,332
(Line 14 X .01035146)
16) Current Tax $24,574
17) Tax Savings
(Line 16 -Line 15) $9,242
18) Annual Costs to City
(Line 17 X 16%) $1,479
*"This worksheet provides only an estimate analysis.
The County of Los Angeles Office of the Assessor is responsible
for calculating official Mills Act property tax assessments each year.
Adopted and approved this 27th day of October, 2009.
~'~''
Cen Genser, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10430 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 27th day of October, 2009, by the following vote:
Ayes: Council members: Davis, McKeown, doom, Holbrook
Mayor Genser
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: shriven
Mayor Pro Tem O`Connor
ATTEST:
Maria Stewart, Ci Clerk