R-10435City Council Meeting: 10/27/2009 Santa Monica, California
RESOLUTION NUMBER mass (ccs)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN
EXISTING HISTORICAL PROPERTY CONTRACT WITH THE OWNER OF THE
PROPERTYLOCATED AT 2612 THIRD STREET 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 2612 Third Street is a privately owned
Contributing Structure in the Third Street Historic District; and
WHEREAS, the property owner and City had entered into an Historical Property
Contract on December 11, 2002, which states that amendments to this Contract may be
made, in whole or in part, only by a written recorded instrument executed by the parties
hereto; and
WHEREAS, the property owner is requesting an amendment to certain tasks and
improvements identified in Exhibit C of the contract, specifically: eliminate the
requirement to rebuild the garage (Item 3); eliminate the requirement to install second
floor heating (Item 5); and, modify the timing of the refinishing of the interior hardwood
floors to an "as-needed" basis (Items 10 and 11); and
WHEREAS, the Landmarks Commission reviewed the requested amendment at
its October 12, 2009 meeting and directed City Staff to forward a recommendation to
the City Council in support of the amendment; and
WHEREAS, the City Council has determined that it is appropriate for the City to
amend the existing historical property contract with the owner of the property located
2612 Third Street.
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 amend the existing historical property
contract with the owner of the property located at 2612 Third Street, Santa Monica,
California in accordance with Government Code Sectiohs 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:
A S A JO MOUTRI
City ttorney
Recording Requested Bv:
City of Santa Monica
~Jhen Recorded Mail Ta:
City of Santa Monica
1685 Main Street
Santa Monica, California 90407
Attention: City Attorney
No Recording Fee Required.
Government Code Section 27383
• ~~ 1
of Document Recnroeti
Nas not beom~a~~' at.
Origins! wi11 be returned avhen
processing has been corrt~leted.
LOS i3NGELES OOUNtY (~aSiRAR • RECCRDER/Cl~Nt1' CLERK
I~iS'I'ORIC ~Rt31'IC+ IiT~' PRE+ S~i25~ATYt7Pd AO~Z~~1°Jt~Pt'l'
1~
THIS AGREEMENT is made and entered in to this ~~ day of ~E¢ 2002, by and
between the City of Santa Monica, a municipal corporation (hereina$er referred to as the "City") and
Beatrice H. Nemlaha (hereinafter referred to as "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; and
B. Owner possesses fee title to certain real property, together with associated structtues
and improvements thereon, located at 2612 Third Street, Santa Monica, California, (hereinafter such
property shall be referred to as the "Historic Property"): A legal description ofthe Historic Property
is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; and
C. On July 1, 1990,theLandmazksConunissionoftheCityofSantaMonicadesignated
the Historic Property as a contributor to the Third Street Neighborhood Historic District pursuant to
the terms and provisions of Santa Monica Municipal Code Chapter 9.36; and
D. On December 10, 2002, the City Council of the City of Santa Monica approved
Resolution Number $ (CCS) authorizing the execution of this Agreement between the City of
Santa Monica and the property owner of 2612 Third Street; and
E. City and Owner, fortheir 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 assessrrient 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; 2003, and shalll remain in effect for a term of ten (10) years ±hereaftev
Each year upon the anniversary of the effective date, such initial term will automatically be extended
as provided in paragraph 2, belaw.
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 ofnon-renewal is mailed as provided herein. ifeither Owner or City
desires in any year not to renew the Agreement, Owner or City shall serve written notice of non-
renewal ofthe Agreement on the other party in advance of the annual renewal date ofthe 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 (b0) days prier 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
non-renewal, Owner may-make a written protest of the notice ofnon-renewal. At anytime prior to
the renewal date, the City may withdraw its notice to Owner ofnon-renewal. If either City or Owner
serves notice to the other ofnon-renewal in aay year, the Agreement shall remain in effect for the
balance ofthe term then remaining, either from its original execution or from the last renewal ofthe
Agreement, whichever may apply.
3. Standards for Historical Properiy. During the terra 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
E;daibit "B' ;and incorporated herein by this reference.
b. lea any restoration or rehabilitation of the properly, the Owner shall restore and
rehabilitate the property according to the rules and regulations ofthe Office of Historic Preservation
of the State Department of Parks and Recreation, the United States Secretary of the Interior's
Standards far Rehabilitation, the State Historical Building Code, and the City of Santa Monica to the
extent applicable.
c. Owner shall make improvements to the Histaric Property in accordance with
the schedule. of home improvements, dratted by the Owner and approved by the City Council,
attached as Exhibit "C".
d. Owner shall allow reasonable periodic examinations, by prior appointment, of
the interior and exteriar 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.
` 4. Provision of Lnformation of Compliance. Owner hereby agrees to furnish Citywith
any and all information requested by the City that may be necessary or advisable to determine
campliance with the terms and provisions of this Agreement.
5. Cancellatian. City, following a duly noticed public hearing as set forth in California
Government Code Section 5x285, may cancel this Agreement ifit determines that Ownerbreached
any of the canditions of this Agreement {including the obligation to restare or rehabilitate the
property in the manner specified in subparagraph 3 {c) of this Agreement), or has allowed the
praperiy 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. lathe event ofcancellation, Ownermaybe
subject to payment of cancellarion fees set forth in California Government Code Section 50286.
6. Notice to Office of Historic Preservation. Within six {b) months of execution ofthis
Agreement, Owner shall send written notice oa`tlis Agreement, including a copy hereof, to the State
Office of Historic Preservation.
7: Enforcement of Agreement. In addition to the remedy provided in the cancellarion
provision of this Agreement, City may specifically enforce, or enjoin the breach of, the terms ofthis
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.
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: Beatrice H. i~Temlaha
2612 'T'hird Street
Santa Monica, CA 90405
10. No Joint Venture. None of the terms, provisions or conditions of this Agreement
shall be deemed to create a pai-Inership between the parties hereto and any of their heirs, successors
or assigns, nor shall such terms, provisions or conditions cause them to be cansidered joint v_entiarers
or members of any joint enterprise.
i 1. Hold Harmless. As between the City and the Owner, the Owner is deemed to assume
responsibility and liability for, and the Owner shah indennaify and hold harmless the City aadits City
Council, boards and cammissions, 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,
byreason of any damage, loss or injury ofanykind or nature whatever to personsorproperty caused
by or resulting fram or in connec+aon 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 thereaf, the prevailing parry
shall be entitled to recover from the losing party reasonable expenses, attameys' fees and costs.
13. Severability. In the event any limitarion, condition, restriction, covenant orprovision
contained in this Agreement is held to be invalid, void ar unenforceable by any court or competent
jurisdiction, the remaining portions of this Agreement shall, nevertheless be and remain in full force
and effect.
14. Aurolicable 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 executian; 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 hereta.
17. Sale or Conversion of ProDerhr. 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 l)iscrhnination. Owner agrees not to discriminate or impose any
restrictions on the sale, lease, or accupancy of the Subj ect Property on the basis of sex, race, religian,
ancestry, nati®nal origin, age, sexual preference, pregnancy, marital status, family compasition, or
the potential or actual occupancy of minor children. Owner further agrees to take af6rmarive action
to ensure that.no such.person is discriminated against for any of the aforementiened reasons.
IN VVTTNESS WI3EltEOF, City and Owner have caused this Agreement to be executed as of
the day and year first written above.
CITY OF SANTA MONICA
By: _
Susan E. McCarthy, City Manager
Approved As To Form
N az a Jones utrie
City Attorney
B ~
Bea ~ce H. Nemlaha
ATTEST:
r=`
,,
Maria Stewart, City Cle k
5
5
State of California )
) ss.
County of Caiifiornia )
Cn December 18, 2002, befiore me, Maria ~l. Stewart, Notary Public, personally
appeared Susan ~. ~,7cCarthy, City ivtahager of Santa ~Ilonica, personally known to me
to be tine pers~in whose nacre is subscribed to the within instrument and acknowledged
to me that she executed the same in her authorized capacity, and that by her signature
on the instrument the person, or the entity upon behal# o#which the person acted,
executed the instrument.
~iI~NESS my hand and official seal
~~aria . Stewar#, Notalry Public
~litleT9-ype of Cocument:
Document Date:
Address, i# any:
Number of pages:
®ther signers:.
SEAL:
;-iistoric Property Preservation Agreement
December 11, 2002
2612 third Street, Santa ~llonica
Nine (8)
6eatrice Nemiaha
MARIA M. STE~AlARi
Commission # 12~57~
~ °~ Notary Publie - Califam~
Los gngetes Cauniy -
AAYi=omm.rSrsf IE.
Signer is representing the City of Santa iv1onica.
STATE OF CALIFt3RNIA
COUNTY flE LOS AN('sELE5
ss.
fln ~ ;~.~Pn,4~. ~`7 . ~?r~,.~~ 2002, before me, ; 3'~cGrrta ~~L£ X11 Ll''~ 1 oC~~ the
undersigned, a Notary Public in and for said State, personally appeared f, ;~, ; ~ ~~';p~,1tE~
persarially iosown to me.~nroved to me on th~basis~f-sa§sfaGta43r~uid€nce) to be the person(s)
whose name{s) is/tee subscribed to the within instrument and aclosowledged to me that~e/she/P~3c
executed the same in ls/her/their authorized capacityand that by Y~s/herltheir signatur~.s•}on
the instrument the person; or the entity upon behalf of which the personacted, executed the
instrument.
a+,v~T ~ ~. ~ ® .
~IA;RYLOL! MORELOCX
C.~anmtssicm # 12740J2
SEAL
Description of Instrument
WITNESS my hand and official seal.
Notary Pub ' in and for said State
Title: Historic Property Preservation Aereement
Froperty location: 2612 Third Street
Number of Pages: 5, plus Exhibits A, B, and C
s
IJrr „~,.
LEGAL DESCRIPT30N
In the City of Santa Monica, County of Los Angeles, State of
California:
Lot 3, Block "N" of Vawter's Ocean View Tract, In The City of Santa
Monica, As Per Map Recorded In Book 9 Page 1 Of i~/discellanebus
Records, Iu The Offnce Of The County Recorder Of Los Angeles
County.
8
EXEiIBIT n~n
HISTORIC PROPERTY PRESERVATIC3N Ag=eement
PROPERTY MAINTENANCE
CITY OF SANTA MONICA
Property Maintenance. As required by Landmarks C~rdinaace Section 9.36.190, all
designated landmarks and structures located within a historic district shad be maintained is good
repair and preserved against deterioration through the prompt repair of any of the following:
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, raofs, ceiling and raof 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.
S. 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 that renders it not properly watertight or
structurally unsafe.
In addition, the following maintenance measures are also required for the subject property:
Remove the existing roof and repair in-kind. Repair all roof leaks, re-flash, seal and
re-gutter as necessary.
2. Repair or replace existing damaged broken plumbing lines. Repair all miscellaneous
plumbing leaks within the walls.
3. Rewire, rework, and update as needed interior electrical wil-ing. Rework and update
exterior electrical panels to make watertight.
_ Ev-i_'imi^1'+ evf~n
HISTORIC PROPERTY PRESERVATION Agreement
PROPOSED HOME IP/IPROVEMENTS
T he following renovation prof ects shall be completed by the applicant over ta'~e initial 10 year term of
the contract.
Iterx~ Year 'Task l;stgmate
1. 2001-02 Structure inspection {400)
Lot survey (1,000) $1,400
2. 2002-03 Foundation! Structure Moisture Control:
Insulate Foundation (900)
Re-direct, replace irrigation system (800)
Install attic, rental, basement thermostatic exhaust fans
(2,500) 4,200
3. 2002-03 Termite treatment (2,100)
Repair, restore, or replace doors & windows (4,700)
Repair /rebuild rear deck, stairs (12,000 - 18,000)
Rebuild gazage (40,000)
Architectural services: garage, deck stairs (5,500) 70,300
4. 2003-04 Repair, replace,cauik siding, facia, window and door
frames, sills, and thresholds as needed; repair, replace
gutters, downspouts as needed;
Paint exterior of house 14,000
5. 2004-OS Install second floor heating (none exists (3,500)
Interior plaster repair as needed; paint (9,700) 13,200
6. Unknown Repair, shore-up eyebrow balcony on second story
front if necessary Unknown3
7. Unknown Repair, replace leading in leaded glass transom and
double-hung front room bay windows if needed to
stabilize windows Unknown'"
8. LlnimownRepair, replace portions offoundation if needed to
stabilize the property Unknowns
9. Est. 2015 Replace roof (re-roofed in 1995) (9,000 -11,000) 11,000
10. 2005-06 Repair, refinish hardwood floors:
2nd floor {3,000 - 6,000) 6,000
11. 2006-07 Repair, replace, refinish hardwood flaors
is` floor (10,000 -13,500) 13,500
12. 2007-08 Rehabilitate, upgrade guest rental amenities 5,700
13. 2002- Continuing repair, upgrade of electrical, plumbing
10
sump pumping system as needed; repau piaster, repaint
interior estimated every 5-8 years as needed; termite
treatment estimated every 8-10 years as needed; repair,
repaint exterior estimated every 5-8 years as needed;
repair, replace exteriorbrick and cement work as
needed
11
Landmarks Commission eeting
ctober 12, 2009
Item #8-A -Mills Act Contracts
09MA-004 -- 2612 Third Street
09LM-005 -- 3013 Third Street
Attachment S -- 2612 Third Street Application
aterials (Original)
Beatrice H. Nemiaha
2612 Third Street
Santa 101oaaica, CA 90405
Santa Monica City Council
1685 Main Street
Santa Monica, CA
May 29; 2009
Re: Requested Amendments to 12/11/ll2 Mills Act Contract, 2612 Third Street
Honorable Council Members:
I request the following amendments to my Mills Act Contract fox my 1912 house in the
Third Stteet Neighborhood Historic District.
Replace proposed new garage with garden pursuant to LC 08CA-013, Certificate of
Appropriateness Modification Approved October 13, 20Q8 by Landmazks Commission
The garden approved by the Landmarks Commission has been completed in the space
originally proposed for a new garage. The garage was intended to replace a small, deteriorated
1916 rear shed on the southwest comer of the lot. See attached site map and photos of the garden
from the street, entrance tQ the garden, garden on site of the old shed/proposed garage, old shed.
The Landmarks Commission issued a Certificate of Appropriateness in 2004 approving
demolition of the shed and an initial garage design. It then approved a more modest xe-design in
2005. In the spring of 2006 when I removed the shed, I saw possibilities fox open space and
landscaping which the shed had obscured. I concluded I would prefer to trade a garden for a
garage given my propert j's space limitations. I was advised by City staff at that time that my only
parking requirement was one uncovered space on the rear half of the property, which I have. (NIy
driveway can accommodate up to six small cars in tandem if needed)
In 2006 City Staff also advised me that Idid-not need to request Landmarks Commission
permission to create a garden instead of building a garage, so I began work. No requirement was
mentioned then of amending my Mills Act Contract. In September 2006 I submitted a Mills Act
Contract Repart describing the landscaping plans.
My concept fox the garden was to keep it, and its individual components, as simple and
unobtrusive as possible. I planned an Asian or Zen feeling consistent with the Craftsman
movement which had been influenced by Asian design. My house has both Craftsman and some
Victorian features.
A significant unpxovement to the property has been the repair and replacement of damaged
portions of the rear driveway. The design incorporates black pebbles between concrete squares.
This. captures and filters into the ground some of the water which rnns down the driveway in
heavy rains and leaches into the foundation of the house. These have been traditional problems
<:<.~~~,.~„h~~~.~~~~;>_~n,a2,iiaa.,~d Page 1 of 2
Santa Monica City Council
Nlap 29, 2009
on mp property because of its substantial. dawnslope.
In 2006 I was originally advised by City Staff that none of the landscaping work I have
completed required a building permit, a Certificate of Exemption, a Certificate of Administrative
Approval, ox a Certificate of Appropriateness.
However, in the summer of 2008 City Staff advised me that I would have to apply fox a
modification of the 2005 Certificate of Appropriateness after all. Then in the fall I was also
advised I would have to seek approval to amend my Mills Act Contract as well.
Effective October 23, 2008 the Landmarks Commission approved my request to amend
the 2005 Certificate of Appropriateness to replace the rear shed with a landscaped garden rather
than a new garage. There was no opposition. The Commission's approval was subject to City
Council approval of an amendment to mp December 11, 2002 Mills Act Contract. I now
respectfully request that approval.
Eliminate Provision to Install Second Floor Heating System
There is no heating system on the second floor of mp house. This is common in tutu of the
century houses, the expectation being, I imagine, that heat rises.
I have conferred with several heating contractors about the installation of a second floor
heating system. The only possibilities would either (1) requite large ceiling grates which I consider
unsighdp and not in character with the age and grace of the house; or (2) electric wall heaters,
which I also consider unattractive, intrusive, and undesirable.
Far the few days each winter when heat from the first Hoar just doesn't rise up enough,
space heaters are an adequate alternative.
I respectfiallp request that my Mills Act Contract be amended to delete the provision for
installation of a second floor heating system.
Modafy Timing of Repair, Refinish of Hardwood Floors to "As Needed"
At the time I applied for mp Mills Act Contract I anticipated a need to repair and refinish
hardwood floors at times certain. There is y^et no current need. I respectfully request a
modification providing that the repair and refinishing of first and second floor hardwood floors .
will be performed as and when needed.
Thank you fo\you~r consideration.
} ~
4 ~ Beatrice Netruaha, Property Owner
.~:~:~,~~~_,~j~~_~>~~,,,~,~,~,~~,~>.,,.~d Page 2 of 2
-- . ~ ,
----------,~,T~-~ -- ,,1-----
;,:
YAao OSCGPED ~'. ./j
/'
~corac.
(E)TflFE
~ u
_~~/~O
(~(E~-]~-1BFT X77F7
GARAGE To DEMO
N~~)
,~
'' O ~ ~~
.., i
. , ~.
~~UND3GPEp
~:~
~~
SITE PLAN
~) $6ALE. ~/g ~~~~ IJG
VIEW-FROM SIDEWALK/STREET
GARDEN ENTRP.NCE
INSIDE GARDEN ENTRANCE/NORTH VIEW
SrTg Op OLD SHED%nR0?0$ED GARaGE
SITE OF OLD SHED/PROPOSED GARAGE
SITE OF nLD SHED/PROPOSED GARAGE
TREE OBSCURED BY OLD SHED
OLD SHEB
Adopted and approved this 27th day of October, 2009.
Ken Censer, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10435 (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, McKeowrv °~loom, Holbrook
Mayor Censer
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: shriven
Mayor Pro Tem O'Connor
ATTEST:
Maria Stewart, Ci Clerk