HomeMy WebLinkAboutCC RES 08-78RESOLUTION NO. 08-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AUTHORIZING THE CITY MANAGER
OR AUTHORIZED DESIGNEE TO COORDINATE, PROCESS,
AND EXECUTE THE HISTORIC PROPERTY PRESERVATION
AGREEMENT ATTACHED HERETO AS EXHIBIT I WITH THE
OWNER OF THE PROPERTY LOCATED AT 520 WEST MAIN
STREET, TUSTIN, CALIFORNIA.
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the State of California enacted the Mills Act (California Government Code
Section 50820 et seq.), which authorizes cities to enter into contracts with the owners of
qualified historic properties to provide for the use, maintenance, and restoration of such
historical properties so as to retain their characteristics as properties of historical significance;
and
WHEREAS, the Tustin General Plan identifies the following policies related to the
preservation of historic properties:
1) Encourage the restoration and rehabilitation of properties in Tustin eligible for
inclusion on the National Register of Historic Places according to the
rehabilitation guidelines and tax incentives of the National Trust for Historic
Preservation.
2) Preserve historically significant structures and sites and encourage the
conservation and rehabilitation of older buildings, sites, and neighborhoods
that contribute to the City's historic character.
3) Preserve historic and architecturally significant residential properties.
4) Retain and protect significant areas of archaeological, paleontological, or
historical value for education and scientific purposes; and
WHEREAS, the City Council adopted Resolution No. 97-50 on June 16, 1997, and
determined that the use of historic property preservation agreements in Tustin will be limited
to residential properties that are not exempt from property taxation and have an "A," "B," or
"C" rating in the City of Tustin Historical Resources Survey; and
WHEREAS, the owners of the property located at 520 West Main Street have
submitted an application to enter into an historic property preservation agreement with the
City of Tustin; and
Resolution No. 08-78
Page 1 of 16
WHEREAS, the residential property at 520 West Main Street qualifies for an historic
property preservation agreement because it has an "A" rating in the City of Tustin Historical
Resources Survey; and
WHEREAS, the preservation of individual historic properties through the execution of
historic property preservation agreements in Tustin would serve to maintain the historical
integrity of individual structures citywide, including those within the Tustin Cultural Resources
District; and
WHEREAS, the preservation of important resources and neighborhoods would have
beneficial indirect effects on local businesses, economic stability, and community pride; and
WHEREAS, pursuant to Section 15308 (Categorical Exemptions) of the California
Environmental Quality Act (CEQA), historical agreements are considered categorically
exempt from the requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tustin
authorizes the City Manager or authorized designee to coordinate, process, and execute the
historic property preservation agreement attached hereto as Exhibit I with the owners of the
property located at 520 West Main Street, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the
18th day of November, 2008.
ATTEST:
P A STO ,
City Clerk
Resolution No. 08-78
Page 2 of 16
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of the
City of Tustin is five; that the above and foregoing Resolution No. 08-78 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 18~' day of November,
2008 by the following vote:
COUNCILMEMBER AYES: Amante, Davert, Bone, Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
AMELA STOK ~
City Clerk
Resolution No. 08-78
Page 3 of 16
WHEN RECORDED MAIL TO:
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
SPACE ABOVE THIS LINE FOR RECORDER'S USE
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is entered into this _ day of by and
between the City of Tustin ("City"), a municipal corporation, and Stephen C. Jones and
Sharon August Jones, as Trustees of The Jones Family 2005 Revocable Trust U/D/T
dated September 30, 2005 ("Owner").
RECITALS
WHEREAS, pursuant to Government Code Section 50280 et seq. (the "Mills Act"),
the City of Tustin is authorized to contract with the owner of a Qualified Historical Property
to restrict the use of the property and to provide for its appropriate use, maintenance and
rehabilitation so that it retains its historic characteristics; and
WHEREAS, the City Council has approved by resolution the use of such contracts
to encourage the preservation of Qualified Historical Property in the City; and
WHEREAS, the property which is the subject of this Agreement is identified as
Assessor Parcel Number 401-372-01, commonly known as 520 West Main Street, Tustin,
California. A legal description of the Property is attached hereto, marked as Exhibit "A,"
and is incorporated herein by this reference; and
WHEREAS, the property that is subject to this Agreement is listed in the City of
Tustin Historical Resources Survey, which satisfies the requirements of Government Code
Section 50280.1 as a Qualified Historical Property; and
WHEREAS, the property is residentially zoned and has an "A" rating in the City of
Tustin Historical Resources Survey, all of which satisfies the criteria established by City
Council Resolution No. 97-50.
WHEREAS, the City and Owner, for their mutual benefits, now desire to enter into
this Agreement to limit the use of the property to prevent inappropriate alterations and
ensure that the character-defining features are preserved and maintained in an exemplary
manner, and to carry out the purposes of California Government Code, Chapter 1, Part 5 of
Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of
valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the
California Revenue and Taxation Code.
Resolution No. 08-78
Page 4 of 16
NOW, THEREFORE, based on the above recitals and the mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
1. Property Subject to this Agreement
The property which is the subject of this Agreement is identified as Assessor Parcel
Number 401-372-01, commonly known as 520 West Main Street, Tustin, California
(the "Property"). A legal description of the Property is attached hereto, marked as
Exhibit "A," and is incorporated herein by this reference.
2. Definitions
Except as otherwise defined herein, the following words and phrases have the
following meanings:
"Serve notice" means to follow the notice procedures of Section 13.
"Owner" means the property owner(s) of record of the Property and includes
assignees with rights of possession and successors in interest to the Owner
signing this agreement.
"Qualified Historical Property" means privately owned property which is not
exempt from property taxation and which meets the criteria set forth in
Government Code Section 50280.1.
3. Commencement. Term and Renewal of Agreement
A. This Agreement shall become effective on the date first above written, and
unless canceled pursuant to Section 11, shall remain in effect for a term of
ten (10) years.
B. Each year, upon the anniversary of the effective date of this Agreement, the
term shall automatically be extended for one additional year unless written
notice of nonrenewal is served as provided herein. See Section 13 for
procedures on service of notice.
C. If Owner or City desires in any year not to renew this Agreement, such party
shall serve written notice of nonrenewal on the other party.
(1) If served by Owner, notice of renewal must be served on City at least
ninety (90) days prior to the annual renewal date.
(2) If served by City, notice of renewal must be served on Owner at least
sixty (60) days prior to the annual renewal date.
2 Resolution No. 08-78
Page 5 of 16
(3) Failure to meet the notice deadlines above will result in one year
being automatically added to the term of this Agreement.
D. Within fifteen (15) calendar days of the date of the City's notice of
nonrenewal, Owner may make a written protest to the City.
(1) Upon receipt of such protest, the City Council shall schedule a
hearing on the matter prior to the annual renewal date.
(2) At such hearing, Owner may present any information which Owner
deems relevant.
(3) Based on Owner's protest and the information presented at the
hearing, the City Council may withdraw the City's notice of
nonrenewal at any time prior to the annual renewal date.
E. Any notice of nonrenewal which has not been withdrawn prior to the next
annual renewal date, shall be recorded with the Orange County Recorder.
F. After the annual renewal date, the parties may agree at any time, by written
and recorded instrument, to reinstate the ten-year term of this Agreement
and renewal provisions hereof.
G. Unless this Agreement is otherwise canceled as provided in Section 11, after
notice of nonrenewal has been served and not withdrawn, this Agreement
shall remain in effect for the balance of the term remaining, including any
prior renewal term.
4. Recordation of Agreement
The City Clerk shall record this Agreement with the Orange County Recorder within
twenty (20) days of its execution by both parties.
5. Notice to Office of Historic Preservation
Owner shall provide, or cause to be provided, written notice of this Agreement to the
State Office of Historic Preservation within six months of the effective date of this
Agreement, which is The City shall provide owner with the
applicable address.
6. Standards and Conditions for Maintenance of Property
The Property shall be subject to the standards and conditions set forth in Exhibit "B",
which is attached to this Agreement and incorporated herein by this reference.
Owner shall comply with the standards and conditions set forth in Exhibit "B".
Resolution No. 08-78 3
Page 6 of 16
7. Periodic Examination of Property
Upon prior notice, Owner shall allow the reasonable periodic examination of the
interior and exterior of the premises of the Property by representatives of City, the
Orange County Assessor, the State Department of Parks and Recreation, and the
State Board of Equalization, as may be necessary to determine Owner's
compliance with the terms of this Agreement.
8. Furnishing Information
Owner shall furnish City with any and all information requested by City, which may
be necessary or desirable to determine Owner's compliance with this Agreement.
9. Enforcement of Agreement
In lieu of and/or in addition to any provisions to cancel this Agreement, City may
bring an action in court to enforce this Agreement, including, but not limited to, an
action to enforce this Agreement by specific performance or by injunction. If the
City determines there is a violation of the provisions of this Agreement by Owner,
and City decides to enforce rather than cancel the Agreement, City shall send
written notice to Owner in accordance with Section 13. If such violation is not
corrected to the reasonable satisfaction of the City within thirty (30) days after the
date the notice of violation is sent by mail, or within such longer period of time as
specified or agreed to by City, then City may, without further notice, declare a
default under the terms of this Agreement and bring any action necessary to
specifically enforce the obligations of Owner under this Agreement, including, but
not limited to, bringing actions for specific performance or injunctive relief.
10. Binding Effect on Successors and Assigns/Covenants Run with the Land
A. This Agreement is binding upon and inures to the benefit of all successors in
interest to Owner, to Owner's assigns and all person acquiring any part or
portion of the Property, whether by operation of law or otherwise.
B. The Owner hereby subjects the Property to the covenants, reservations and
restrictions as set forth in this Agreement, including Exhibit "B". City and
Owner hereby declare their specific intent that the covenants, reservations
and restrictions as set forth herein shall be deemed covenants running with
the land and shall pass to and be binding upon the Owner's successors and
assigns in title or interest to the Property. Each and every contract, deed or
other instrument hereinafter executed, covering or conveying the 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, reservations and restrictions are set forth in such contract, deed
4 Resolution No. 08-78
Page 7 of 16
or other instrument. City and Owner hereby declare their understandings
and intents that the burden of the covenants, reservations and restrictions
set forth herein touch and concern the land in that the value of the Owner's
legal interest in the Property may be affected thereby. City and Owner
hereby further declare their understandings and intents that the benefit of
such covenants, reservations and restrictions touch and concern the land by
enhancing and maintaining the historic characteristics and significance of the
Property for the benefit of the public and Owner.
11. Cancellation of Agreement
A. City may cancel this Agreement if it determines, after a duly noticed public
hearing as provided herein, that Owner has committed any of the following
acts:
(1) Owner has failed to maintain, restore or rehabilitate the Property in
accordance with the terms, standards and conditions set forth in
Exhibit "B".
(2) Owner has allowed the Property to deteriorate to the point that it no
longer meets the City's standards for a Qualified Historical Property.
(3) Owner has violated one or more provisions of this Agreement.
An Owner who does not occupy the Property, shall, nevertheless be responsible at
all times under this Agreement, for the condition of the Property and compliance
with this Agreement.
B. City shall serve written notice of proposed cancellation on Owner stating the
grounds for cancellation and setting a public hearing date on the matter.
Notice of the hearing shall also be sent by U.S. mail to the last known
address of each owner of Qualified Historical Property in the City, and shall
be published pursuant to Government Code Section 6061.
C. Upon cancellation of this Agreement as provided in Subsection A, above,
Owner shall pay a cancellation fee of 12% percent of the current fair market
value of the Property, as determined by the County Assessor as though the
property were free of the contractual restriction. The cancellation fee shall be
paid to the County Auditor in the manner prescribed by the County Auditor
D. City may also cancel this Agreement, at Owner's request, if the Property is
acquired in whole or in part by eminent domain or by an entity authorized to
exercise the power of eminent domain, and if City determines that such
acquisition frustrates the purpose of this Agreement. Under these
circumstances, no cancellation fee shall be imposed upon Owner.
Resolution No. 08-78 5
Page 8 of 16
E. City may also cancel this Agreement, at Owner's request, if so much of the
Property has been destroyed, in whole or in part and that, in the sole opinion
of the City, the historic value of the Property has been destroyed. Under
these circumstances, no cancellation fee shalt be imposed upon Owner. City
may cancel this Agreement, at Owner's request, if the Property is damaged
by fire, earthquake, or other Act of God or accidental cause to the extent that
(1) the then fair market value of the structure is reduced by 51 percent or
more; or (2) 51 percent or more of the structure's floor area is destroyed or
irreparably damaged; or (3) 51 percent or more of the structure's historic
features are destroyed or irreparably damaged; or (4) the cost to the Owner
(exclusive of insurance proceeds) to restore the structure to its prior condition
would exceed $10,000.00. Owner shall reimburse City for all expenses
incurred by City in determining the extent of damage or destruction. If the
Owner desires to cancel this Agreement under this Section, written notice
shall be given to the City within 90 days after such damage or destruction
occurs. In the event the Owner desires to cancel this Agreement due to the
circumstances outlined above, owner or City may request a hearing before
the City Council to determine (a) the extent of diminution of value, (b) the
extent of the damage or destruction to the floor area of said Structure, and/or
(c) extent of damage or destruction to the character defining features of said
structure.
12. Waiver
The waiver by City of the performance of any covenant or condition of this
Agreement shall not be considered a waiver of subsequent performance of that or any
other covenant or condition of this Agreement.
13. Notice
Any notice required to be given pursuant to this Agreement shall be sent by certified
mail, postage prepaid, return receipt requested, addressed as follows or addressed as later
specified by either party:
To City: City of Tustin
Community Development Department
Attn: Director of Community Development
300 Centennial Way
Tustin, CA 92780
To Owner: Stephen C. and Sharon August Jones
520 West Main Streeef
Tustin, CA 92780
6 Resolution No. 08-78
Page 9 of 16
Notice shall be deemed sent or "served" upon the date of deposit in the United
States Mail.
14. Fee to Administer Mills Act Program
At the time established by City Council resolution, Owner shall pay City a fee,
established by City Council resolution, pursuant to Government Code Section
5028.1. This fee is to cover City's costs of administering the Mills Act Program in
the City.
15. Defense, Indemnification and Hold Harmless
A. Owner shall defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all claims arising from Owner's
performance under this Agreement, or from any activity, work, or omissions
by Owner or caused by Owner in connection with this Agreement.
B. Owner shall further defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all costs, attorneys fees, and
liabilities incurred in the defense of any such claim or any action or
proceeding brought thereon. In case of any action or proceeding brought
against City by reason of such claim, Owner, upon notice from City, shall , ,
defend same at Owner's sole expense by counsel satisfactory to City.
16. Entire Agreement
This Agreement and the Exhibits attached hereto constitute the entire agreement
between the parties with respect to the subject matter hereof and supersede all prior
discussions, negotiations, and agreements whether oral or written.
17. Amendment
This Agreement shall only be amended by written instrument, signed by both parties
and recorded in the Office of the Orange County Recorder.
18. Miscellaneous Provisions
A. None of the terms, provisions or conditions contained in this Agreement shall
be deemed to create a partnership, a joint venture, or a joint enterprise
between the parties hereto.
B. This Agreement shall be construed in accordance with the laws of the State ,
of California.
Resolution No. 0$-78 7
Page 10 of 16
C. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by a Court of competent jurisdiction or by
subsequent preemptive legislation, the validity and enforceability of the
remaining provisions shall not be affected.
D. Owner understands that it is Owner's responsibility to apply for the
reassessment of valuation afforded by this Agreement pursuant to Chapter
3, Part 2, of Division 1 of the California Revenue and Taxation Code.
19. Authority to Enter Agreement
Each person executing this Agreement warrants that they have the authority to
enter into this Agreement on behalf of the party for whom they sign.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
CITY OF TUSTIN
Approved as to Form
City Attorney
By:
Owner
Date: By:
By:
SIGNATURES ARE TO BE NOTARIZED
IF THIS CONTRACT IS PROPOSED TO BE SIGNED BY THE
PROPERTY OWNER'S AGENT, THE CITY WILL REQUIRE
WRITTEN EVIDENCE OF THE AGENT'S AUTHORITY TO
ENTER INTO THIS AGREEMENT ON BEHALF OF THE
OWNER. THE WRITTEN EVIDENCE MUST BE REVIEWED
AND APPROVED BY THE CITY ATTORNEY.
8 Resolution No. 08-78
Page 11 of 16
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot "V" of the Stafford and Tustin Tract, in the City of Tustin, County of
Orange, State of California, as per map recorded in book 2, pages 618 and 619 of
miscellaneous records of Los Angeles County, California, described as follows:
Beginning at a point in the north line of said Lot "V" 60 feef west of the northeast corner
of said lot; thence west along the north line of said lot 136.56 feet; thence southerly 160
feet to a point 197.52 feet from the east line of said lot; thence east parallel to north line
of said lot 137.52 feet; thence north 160 feet to the point of beginning.
Resolution No. 08-78 9
Page 12 of 16
EXHIBIT "B"
HISTORICAL PROPERTY PRESERVATION
TERMS, STANDARDS AND CONDITIONS
To have a baseline for comparison when future maintenance or alterations are
being evaluated and for reconstruction of portions in the event of a disaster, Owner
shall create a black and white 35 mm photographic portfolio showing all elevations
of all buildings and structures from at least three angles, all character-defining
exterior details, and other details of special interest. A copy of the portfolio shall be
submitted to the Community Development Department within one year of the
effective date of this Agreement. All structures, the entire grounds, and all major
landscape features shall be included in the portfolio and copies of existing site
plans, floor plans, architectural elevations and historical photographs that may be in
Owner's possession.
2. Owner shall preserve, maintain, and, if indicated in the schedule for repair and
rehabilitation, restore or rehabilitate Property and its character-defining features,
notably the general architectural form, style, materials, design, scale, proportions,
organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of
City.
3. All changes to Property and any structures thereon 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, the U.S. Secretary of the Interior's Standards for
Rehabilitation and the State Historical Building Code.
4. City shall be notified by Owner of changes to character-defining exterior features
prior to their execution, such as major landscaping projects, exterior door
replacement or exterior alterations requiring a building permit.
5. City shall be notified prior to the exterior non-emergency repair and rehabilitation of
any structure on the Property.
6. The following are prohibited without the prior written consent of the City:
Demolition of any structure on the Property.
Exterior alterations or additions not in keeping with the standards listed
above.
10 Resolution No. 08-78
Page 13 of 16
7. The following are prohibited at any time:
Dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls and windows;
Storage of scrap lumber, junk, trash, debris, discarded or unused objects
such as cars, appliances or furniture;
Stagnant water and unfilled excavations;
Any other device, decoration, structure or vegetation which is unsightly by
reason of its height, condition or inappropriate location, as determined by
City.
8. Landscaping shall be maintained in a manner so as to enable the public to see the
historic features of the Property from the street and shall be watered and maintained
in accordance with recognized landscaping practices.
9. Owner shall make improvements to the property as described in the following
schedule for repair and rehabilitation, unless changes to the schedule are approved
in writing by the City and Owner. The improvements noted in the schedule may be
completed prior to the year indicated and shall be completed to the satisfaction of
the City no later than one year following the year indicated.
Schedule for Repair and Rehabilitation
Year 1: Submit plans, obtain a certificate of appropriateness and permit, and
pass the required inspection for fhe aftached trellis/arbor that was
constructed without a building permit; or remove the structure.
Year 1: Submit plans, obtain a permit, and pass the required inspection for
the sprinkler system and install vacuum breakers; or remove fhe
sprinkler system.
Year 1: Submit plans, obtain a permit, and pass the required inspection for all
added or relocated hose bibs, and install anti-siphon devices; or
remove the hose bibs.
Year 1: Secure the nonmetallic (flex) tubing located near the condensers to
the house.
10. Owner shall provide the City with a written annual report which specifies actions
taken by Owner to fulfill the requirements of the Agreement. The annual report shall
be submitted to the City on an annual basis at times specified by the City.
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Resolution No. 08-78 11
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ATTACHMENT B
PHOTOGRAPH OF PROPERTY
Resolution No. 08-78
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