HomeMy WebLinkAboutCC RES 11-91RESOLUTION NO. 11-91
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 1 WITH THE OWNERS
OF THE PROPERTY LOCATED AT 138 N. B 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 historicaNy significant structures and sites and encourage the
conservation and rehabilita#ion 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 18, 1987, and
determined that the use of historic property preservation agreements in Tustin will be
limited to residential properties that are not exemp# 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 138 N. B Street have submitted an
application to enter into a historic property preservation agreement with the City of
Tustin; and
Resolution 11-91
Page 1 of 3
WHEREAS, the residential property at
property preservation agreement because
Nistarical Resources Survey; and
138 N. B Street qualifies for a historic
it has a "C" rating in the City of Tustin
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 CEQR.
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 1 with
the owner of the property located at 138 N. B Street, Tustin, California.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 6t" day of December, 2011.
JERRY AMANTE,
Mayor
A"l°l'EST:
PAMELA STOKER,
City Clerk
Resolution 11-91
Page 2 of 3
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 Gity of Tustin is five; that the above and foregoing Resolution No. 11-91 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 6t" day
of December, 2011, by the fallowing vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Amante, Nielsen, Gomez, Murra (4)
None (0)
None (0}
Gavello _ (l)
PAMELA STOKER,
City Clerk
Resolution 11-91
Page 3 of 3
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 Kevin Christopher McGee
and Sarah Elizabeth McGee, husband and wife as joint tenants ("Owner").
RECITAt_S
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 far 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 401-523-2Q, commonly known as 138 N. B 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 a "C" 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.
NOW, THEREFORE, based on the above recitals and the mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
1.
2.
Property Subject to this Agreement
The property which is the subject of this Agreement is identified as Assessor
Parcel Number 401-523-20, commonly known as 138 N. B 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.
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
exempt from property taxation and
Government Code Section 50280.1.
3.
privately awned property which is not
which meets the criteria set forth in
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 ane 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.
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(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 Gouncil 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 far 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 June 6, 2012. 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.
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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.
8. Enforcement of Agreement
In lieu of andlor 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 restrictians 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
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
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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'/2 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 whale or in part by eminent domain ar 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, na cancellation fee shall be imposed upon Owner.
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.
5
Under these circumstances, no cancellation fee shall 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: Kevin and Sarah McGee
138 N. B Street
Tustin, CA 92780
Notice shall be deemed sent or "served" upon the date of deposit in the United
States Mail.
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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, ar from any activity, work, or omissions
by Owner ar 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 ar 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 ar 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.
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 ar by
subsequent preemptive legislation, the validity and enforceability of the
remaining provisions shall not be affected.
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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
By:
Approved as to Form
City Attorney
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.
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 6, Block A of Tract 338, in the City of Tustin, County of Orange, State of California
as per map recorded in Book 14, page(s) 51, of miscellaneous maps in the office of the
county recorder of said caunty.
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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 zoning and 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 Regular Cade and/or the State Historical
Building Gode, as deemed appropriate by the Building Official.
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 an the Property.
Exterior alterations or additions nat in keeping with the standards listed
above.
7. The following are prohibited at any time:
Dilapidated, deteriorating or unrepaired structures such as fences, roofs,
10
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 far 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 permit (within 60 days), and pass the required
inspection for the replacement of the patio enclosure glazing, which
must comply with the requirements of the Building Code.
Year 1: Submit plans, obtain a permit (within 60 days), and pass the required
inspection for the removal of the roof overhang from the south side
of the laundry room to comply with the requirements of the Building
Code.
Year 1: Submit plans, obtain a permit (within 60 days), and pass the required
inspection for the removal of the window on the south wall of the
laundry room, which is less than three (3) feet from the property
line and therefore must be removed and infilled to maintain the fire
rating of the wall as required by the Building Code.
Year 3: Remove and replace the cracked and dilapidated portion of the
driveway. No permit is necessary for this work.
Year 10.~ Repaint the exterior of the house, garage, patio enclosure, laundry
room, and storage shed.
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.
11
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