HomeMy WebLinkAbout05 MILLS ACT PROGRAM - HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 265 PACIFIC STREETAGENDA REPORT
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MEETING DATE
TO:
FROM:
SUBJECT:
SUMMARY:
DECEMBER 4, 2018
JEFFREY C. PARKER, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
Agenda Item 5
Reviewed:
City Manager
Finance Director ,A
MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 265 PACIFIC STREET
The Mills Act is State legislation that provides for reduced property taxes on an eligible
historic property if the property owner agrees to maintain and preserve the property for a
minimum of ten (10) years. On June 16, 1997, the City Council authorized the
implementation of a Mills Act program and established a policy specifying which properties
would be eligible for the program. Attachment A of this report includes a draft historic
property preservation agreement for the property located at 265 Pacific Street.
Owner: Maryann Cazzell, as Trustee of the Maryann Cazzell 2003 Revocable Family
Living Trust (Ms. Cazzell)
Location: 265 Pacific Street
RECOMMENDATION:
That the City Council adopt Resolution No. 18-91 authorizing the execution of a Historic
Property Preservation Agreement (Mills Act Contract) with, Ms. Cazzell, the owner of the
property, located at 265 Pacific Street.
FISCAL IMPACT:
The execution of the historic property preservation agreement would reduce the property
owner's property tax payment by approximately $2,400 annually and proportionately
reduce the City's share of the property tax revenue for the property. The $500.00
application fee partially offsets staff and City Attorney fees to meet with the applicant,
conduct the property inspection, review the application, prepare correspondence, the
contract and City Council report, and administer the contract, which are estimated to be
$1,500 for the minimum ten (10) -year contract period.
City Council Report
Mills Act Program
December 4, 2018
Page 2
CORRELATION TO THE STRATEGIC PLAN:
The proposed Historic Property Preservation Agreement furthers Goal A of the City of
Tustin Strategic Plan pertaining to Economic and Neighborhood Development and Goal B
pertaining vibrancy and quality of life in Old Town and to ensure that Tustin is an attractive,
safe, and well maintained community in which people feel pride.
BACKGROUND AND DISCUSSION:
Adopted by the California Legislature in 1976, the Mills Act gives local governments the
authority to grant property tax relief to owners of qualified historic properties, including
owner -occupied single-family residences and income producing properties. In exchange
for this relief, the property owners must agree, by contract, to maintain the properties in
accordance with specific historic preservation standards and conditions.
According to State law, all properties that are assessed property taxes and listed on a
historic register or survey, are potentially eligible to participate in a local Mills Act program.
If desired, each community has the discretion to target the program to specific historic
properties. In June of 1997, the Tustin City Council authorized the implementation of a
Mills Act program in the City of Tustin and established a policy for historic property
preservation agreements (which are commonly called Mills Act contracts) by resolution.
Pursuant to Council's direction, the Mills Act program is made available to the owners of
residential properties with an "A," "B," or "C" rating in the 1990 Tustin Historical Resources
Survey. Residential properties with equivalent ratings in the 2003 Historical Resources
Survey are also eligible to participate.
Property Description
The residence at 265 Pacific Street is located within the Cultural. Resources District and
has "A" and "3S" ratings in the City's 1990 and 2003 Historical Resources Surveys. A "3S'
rating in the 2003 Historical Resources Survey represents a property is eligible for the
National Register as an individual property through survey evaluation. The Greek Revival
Style house was built in approximately 1870 (see Figure 1), but was later moved to the
site, and is identified in the Surveys as one of the oldest surviving homes in the City of
Tustin. The period of significance for this property is 1870 to 1899. A copy of the 2003
Historical Resources Survey of the property is attached which contains a full description of
the character defining features of this home (Attachment B).
The residence and yard areas are in need of improvements. Although the owner is
maintaining the property, the improvements required by the contract will rehabilitate the
property over the contract period.
City Council Report
Mills Act Program
December 4, 2018
Page 3
Mills Act Contract Provisions
Attachment A of Resolution 1891 includes a draft historic property preservation agreement
(Mills Act contract) prepared by the City Attorney and the Community Development
Department for the property located at 265 Pacific Street.
Figure 1
The draft agreement contains all of the contract provisions required by State law. These
provisions are discussed below. As requirements of State law, these provisions may not
be modified; however, optional provisions are included in the agreement at the discretion
of the City Council.
Required Mills Act Contract Provisions
As noted in the draft agreement, the required minimum term of a historic property
preservation agreement (Mills Act contract) is ten (10) years. Each year, the contract term
is automatically extended an additional year, unless terminated by the property owner or
the City of Tustin for any reason. If terminated without penalty, the agreement would end
at the end of the current ten (10) -year term. The property owner is assessed a penalty of
12.5 percent of the property's current fair market value at the time of cancellation if the
contract is canceled by the property owner prior to the end of the ten (10) -year period.
However, there is no penalty for contract cancellation if the property is significantly
damaged by an Act of God or accidental cause, such as fire, flood, or earthquake.
City Council Report
Mills Act Program
December 4, 2018
Page 4
If the property is sold, the contract is binding upon all successors in interest to the owner,
who will have the same rights and obligations under the contract as the original owner who
entered into the contract.
Pursuant to Section 50281 of the California Government Code, the agreement provides for
the preservation and maintenance of the characteristics of historical significance of the
qualified historical property. City staff would utilize the Secretary of the Interior's Standards
for Rehabilitation, the City of Tustin Residential Design Guidelines, and applicable Building
Codes in evaluating the preservation, maintenance, and rehabilitation of the property.
The interior and exterior of the premises must be made available for periodic examinations
by prior appointment by representatives of the City, the County Assessor, the Department
of Parks and Recreation, and the State Board of Equalization. Furthermore, to ensure
compliance with the terms and provisions, the agreement includes a provision that
requires the owner to furnish any pertinent information needed by the City.
Tustin Mills Act Contract Provisions
The draft agreement includes standard terms and conditions, which are contained within
Exhibit A of the draft historic property preservation agreement (Attachment A). The
provisions are intended to be modified on a case-by-case basis.
For example, the agreement provides for the restoration or rehabilitation of the property
according to the U.S. Secretary of the Interior's Standards for Rehabilitation, the State
Historical Building Code, and the regulations of the State Office of Historic Preservation.
The Agreement also includes provisions for a photographic portfolio, landscape and
property maintenance, a schedule for repair and rehabilitation, maintained visibility,
submission of an annual report, and a prohibition on demolition.
The schedule for repair and rehabilitation includes twelve (12) items (exterior door repairs,
electrical improvements, screen attic venting, air conditioner improvements, gas meter
improvements, landscape improvements, maintain visibility, driveway maintenance, wood
arbor improvements, shutter repairs, treat/sand/paint all wood elements, and fence
improvements) that were identified by City staff, in consultation with the owner, as being
necessary over the minimum ten (10) -year contract term. By entering into a Mills Act
contract with the City, the owner would agree to the following:
Year 1:
Resolve safety issues related to two (2) exterior doors on the east elevation with
Building Code compliant landing, steps and railings. Submit plans, obtain a
permit and certificate of appropriateness, and pass the required inspection:
The electrical outlet located to the south of the entry door on the east
elevation will not reset. Repair or replace this outlet.
City Council Report
Mills Act Program
December 4, 2018
Page 5
■ Add GFI protection for electrical outlets on east elevation.
■ Secure the electrical pipe on the east elevation.
■ Screen attic venting on north elevation.
■ Install tamper proof caps on the air conditioner.
■ Install shut off valve at gas meter.
• Reduce height of landscaping to three (3) feet height at intersection of Pacific
Street and Third Street for visual clearance at the intersection. Three (3) foot
height should extend twenty-five (25) feet from the corner in each direction, and
ten (10) feet from the driveway.
• Maintain visibility from the public right of way to the historic residence.
• Perform maintenance on driveway to eliminate encroaching plant materials.
Year 2:
Remove, reconstruct or otherwise rehabilitate the wood arbor located at the
south corner of the residence.
• Repair shutter on south elevation.
Year 5:
• Properly treat, sand and paint all wood elements, including trim, siding, etc., on
the historic residence and garage structures. Utilize a painting professional
experienced with historic properties. Prior to work being performed, evaluate the
condition of the siding/wood. For those pieces that cannot be restored, replace in
kind.
Year 7:
• Remove, replace or properly treat, sand and paint all wood elements, including
posts, pickets, rails, gates, etc., on fences along Pacific Street and 3rd Street.
Utilize a fencing professional experienced with historic properties. Prior to work
being performed, evaluate the condition of the fencing. For those pieces that
cannot be restored, replace in kind. If replacing the fencing, submit plans to the
Community Development Department for review and approval for new fencing up
to three (3) feet in height.
According to the terms of the contract, the improvements may be completed to the
satisfaction of the City no later than one (1) year following the year indicated.
City Council Report
Mills Act Program
December 4, 2018
Page 6
During project review and inspection, City staff identified some improvements on the
property that need to be corrected prior to contract recordation. These items include
permits from the 1996, 1997 and 2004, that had never received a final inspection or project
final, unpermitted roof installation and minor corrections on an exterior water heater.
Contract Recordation
Following contract execution, the agreement will be recorded with the Orange County
Recorder's Office and copies will be forwarded to the County Assessor and the State
Office of Historic Preservation.
Because Mills Act assessments are made on an annual basis, the tax benefits associated
with executed contracts submitted to the County Assessor by January 1 will take effect on
the following July 1 of the same year.
s4VI
Elaine Dove, AICP, RLA Elizabeth A. Binsack
Senior Planner Director of Community Development
Attachments: A. Resolution No. 18-91
B. 2003 Historical Resources Survey Excerpt, 265 Pacific St.
ATTACHMENT A
RESOLUTION NO. 18-91
RESOLUTION NO. 18-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT
DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE
HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED
HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY
LOCATED AT 265 PACIFIC 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
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;
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;
WHEREAS, the 1990 City of Tustin Historical Resources Survey was updated in
2003, and the 2003 Survey has an updated rating system with ratings that are equivalent
to the ratings in the 1990 Survey;
WHEREAS, the owner of the property located at 265 Pacific Street has submitted
an application to enter into a historic property preservation agreement with the City of
Tustin;
Resolution No. 18-91
Page 2
WHEREAS, the residential property at 265 Pacific Street qualifies for a historic
property preservation agreement because it has "A" and "3S" ratings in the City of Tustin
Historical Resources Surveys;
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;
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 Community Development Department to coordinate, process, and execute
the historic property preservation agreement attached hereto as Exhibit A with the owner
of the property located at 265 Pacific Street, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 4t' day of December, 2018.
ELWYN A. MURRAY,
MAYOR
ATTEST:
ERICA N. YASUDA
CITY CLERK
Attachment: Draft Historic Preservation Agreement
Resolution No. 18-91
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 18-91
ERICA N.- YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and foregoing Resolution No. 18-91 was
duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City
Council, held on the 4th day of December, 2018.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
CITY CLERK
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 Maryann Cazzell, as Trustee of the
Maryann Cazzell 2003 Revocable Family Living Trust ("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 401-362-10, commonly known as 265 Pacific Street, 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" and "3S" rating in the
City of Tustin Historical Resources Surveys, 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 cant' 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. Property Subject to this Agreement
The property which is the subject of this Agreement is identified as Assessor
Parcel Number 401-362-10, commonly known as 265 Pacific 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 owners) 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 (1) 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 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 (10) 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 (6) months of the effective date
of this Agreement. 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.
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
or other instrument.
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11.
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.
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 (1) 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 twelve and a half (12.50) 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.
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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 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
fifty-one (51) percent or more; or (2) fifty-one (51) percent or more of the
structure's floor area is destroyed or irreparably damaged; or (3) fifty-one
(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 ninety (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: Maryann Cazzell, as Trustee of the Maryann Cazzell 2003
Revocable Family Living Trust
265 Pacific Street
Tustin, CA 92780
Notice shall be deemed sent or "served" upon the date of deposit in the United
States Mail
X
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.
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.
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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.
Approved as to Form
City Attorney
CITY OF TUSTIN
By:
Elizabeth Binsack
Director of Community Development
Owner
Date: By:
Maryann Cazzell, as Trustee of the Maryann
Cazzell 2003 Revocable Family Living Trust
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.
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lots 5 and 6 in Block D of B, A Lewis addition of Tustin City, in the City
of Tustin, County of Orange, State of California, as shown on a map recorded in Book
4, Page 218 OFMIS1, of Los Angeles, California described as follows:.
Commencing at the intersection of the north line of Third Street with the east line of
Pacific Street in Tustin City, thence north along the east line of Pacific Street 100 feet,
thence east 100 feet, thence south 100 feet to Third Street: Thence west along the
north line of Third Street to the place of beginning.
APN: 401-362-10
D
EXHIBIT "B"
HISTORICAL PROPERTY PRESERVATION
TERMS, STANDARDS AND CONDITIONS
1. 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 thirty-five (35) mm (or equivalent) and digital
photographic portfolio showing all elevations of all buildings and structures from at
least three (3) 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 (1) 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 Code and/or the State Historical
Building Code, 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 or
window 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.
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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 (1) year following the year indicated.
Schedule for Repair and Rehabilitation
Year One (1):
• Resolve safety issues related to two (2) exterior doors on the east elevation with
Building Code compliant landing, steps and railings. Submit plans, obtain a
permit and certificate of appropriateness, and pass the required inspection:.
■ The electrical outlet located to the south of the entry door on the east
elevation will not reset. Repair or replace this outlet.
■ Add GFI protection for electrical outlets on east elevation.
■ Secure the electrical pipe on the east elevation.
■ Screen attic venting on north elevation.
■ Install tamper proof caps on the air conditioner.
■ Install shut off valve at gas meter.
Reduce height of landscaping to three (3) feet height at intersection of Pacific
Street and Third Street for visual clearance at the intersection. Three (3) foot
height should extend twenty-five (25) feet from the corner in each direction, and
ten (10) feet from the driveway.
• Maintain visibility from the public right of way to the historic residence.
• Perform maintenance on driveway to eliminate encroaching plant materials.
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Year Two (2):
Remove, reconstruct or otherwise rehabilitate the wood arbor located at the
south corner of the residence.
• Repair shutter on south elevation.
Year Five (5):
• Properly treat, sand and paint all wood elements, including trim, siding, etc., on
the historic residence and garage structures. Utilize a painting professional
experienced with historic properties. Prior to work being performed, evaluate the
condition of the siding/wood. For those pieces that cannot be restored, replace in
kind.
Year Seven (7):
• Remove, replace or properly treat, sand and paint all wood elements, including
posts, pickets, rails, gates, etc., on fences along Pacific Street and Third Street.
Utilize a fencing professional experienced with historic properties. Prior to work
being performed, evaluate the condition of the fencing. For those pieces that
cannot be restored, replace in kind. If replacing the fencing, submit plans to the
Community Development Department for review and approval for new fencing up
to three (3) feet in height.
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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ATTACHMENT B
2003 HISTORICAL RESOURCES SURVEY EXCERPT
265 PACIFIC STREET
i' r f7ir nTH' " frn ism TFTiM°fi nTE CA[e SURVEY EY
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The' 6 -over -6 double -hung windows, set in boxed frames, indicate that this house could be the oldest in Tustin. Portions of this
Greek Revival house appear to have been built during the 1870's. Narrow clapboard siding covers the front and back of the 1 and
1/2 -storied southern -most gabled section, while board -and -batten siding covers the smaller single -story ell. Diamond -cut shingles
and a 2 -over -2 double -hung window occupy the front and back gables of the taller section. The shutters are not original, but are
appropriate. Enclosed eaves, trimmed in molding edge the gabled roof. The single -story ell also features a 6 -over -6 double -hung
window, resting beside the front door (not original) and a small single window. The porch has been restored with turned posts,
decorative brackets, and carved balusters. A flat -roofed clapboard -clad addition in the rear is attached to a gable -roofed addition on
the north. The garage is double in size, with the west half enclosed as living quarters. A white picket fence borders the large
yard.
a JAY IN AD A%.H.1'q".r.:
The existing house was moved onto the site. Stan Best, the Orange County egg man lived in the house in the 1950s and 60s.
This house is of National Register quality because of its 1370's architectural integrity and because it is probably the oldest
surviving house in the City. In addition to its age, it is a rare and very good example of an early Orange County home.
- -. i
265 PACIFIC STREET
See following pages for property information