Loading...
HomeMy WebLinkAbout04 MILLS ACT PROGRAM - 124 NORTH B STREETAgenda Item 4 Reviewed.- AGENDA eviewed.AGENDA REPORT City Manager Finance Director MEETING DATE: DECEMBER 18, 2018 TO: JEFFREY C. PARKER, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 124 NORTH B STREET SUMMARY: 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. The subject property of this report is not currently an eligible property because it is not listed in the City's official surveys of historical resources. Property owners request the City Council add the property to the 2003 survey because the property was not fully evaluated at the time the survey was completed to allow them to proceed with approval of a Mills Act contract. On December 11, 2018, the Planning Commission, in its historic resources advisory role to the City Council, has recommended that the City Council approve the request for addition of the property to the City's 2003 Historic Resources Survey by addendum. Owner: Clay & Kristle Jorth RECOMMENDATION: Location: 124 North B Street That the City Council adopt Resolution No. 18-83 finding the property is eligible for listing and adding the property to the 2003 Historical Resources Survey by Addendum and authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Clay and Kristle Jorth, the owners of the property located at 124 North B Street. FISCAL IMPACT: The execution of the historic property preservation agreement would reduce the property owner's property tax payment by approximately $2,500.00 annually and proportionately reduce the City's share of the property tax revenue for the property. The $500 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 18, 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 to Public Safety and Protection of Assets in that the Agreement is intended to enhance the 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 Federal and State law, all properties that are assessed property taxes and listed on a historic register or survey, are qualified historic properties 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 124 North B Street is located outside of the Cultural. Resources District. The property was not included in the 1990 City of Tustin Historical Resources Survey report. The property was included in. the City of Tustin reconnaissance survey in 2001, in which survey staff noted the structure was "most likely built prior to 1952, but has been substantially altered", and therefore was not listed in the 2003 Historical Resources Survey (Attachment B). The exclusion of the property from the 2003 Historical Resources Survey causes the property to be ineligible for the Mills Act program pursuant to City Council Resolution 97-50. Staff has since conducted additional investigation into the property including a review of City of Tustin and Orange County Assessor building records and aerial photographs from 1935 forward, and found no evidence of alterations to the structure that have an impact on the view of the house from the street. Exterior improvements, including an addition at the City Council Report Mills Act Program December 18, 2018 Page 3 west elevation (rear) of the main residential structure in 1996 and at the south elevation of the detached garage in 2007, have been legally constructed with the benefit of building permits. The residence is constructed in the Minimal Traditional home style popular from the mid - 1930s and following World War II. This style is a simplified form loosely based on the Tudor style of the 1920s and 1930s. The Minimal Traditional homes generally have a dominant front gable and large chimneys, but a lower roof pitch and simplified detailing as compared to the Tudor style. The residence at 124 North B Street is a good example of the Minimal Traditional style and is well maintained. Figure 1 Because the property was not listed in the City's survey, the property owners, Clay and Kristle Jorth, enlisted the services of Cogstone, a firm specializing in Paleontology, Archaeology and History, to survey the property and to prepare a DPR 523A (Attachment C, including Cogstone qualifications). Historians use the DPR 523A form to record, evaluate and nominate properties to the California Register of Historical Resources. Under the supervision of Sherri Gust, Principal Investigator at Cogstone, the property was evaluated and found to be a qualified historic property and eligible for listing in the City of Tustin's historic register under two (2) separate National and State criteria as follows: • Criterion Two (2) (Association with a historically important person at the local level): The home's original owner was Jerome C. Kidd, who served as a City Council Member, police and fire commissioner and two (2) terms as Mayor of Tustin. City Council Report Mills Act.Program December 18, 2018 Page 4 • Criterion Three (3) (Embodies distinctive characteristics of a type, period, or method of construction): The property portrays the characteristic features of, Minimal Traditionalism, as well as contributes to the mid -20th Century Era of growth in Tustin, a style that was most prevalent in the nation from 1930-1950. As a result of the staff investigation referenced above and Cogstone's property evaluation, staff recommends the City Council recognize the property as eligible for listing as a local resource and add the property to the 2003 Historical Resources Survey via addendum, thereby making the property eligible for a Mills Act contract. Mills Act Contract Provisions Attachment A of Resolution 18-83 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 124 North B Street. 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. 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. 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 City Council Report Mills Act Program December 18, 2018 Page 5 compliance with the terms and provisions, the agreement includes a provision that requires the owner to furnish any pertinent information needed by the City. The draft agreement includes standard terms and conditions, which are contained within Exhibit B 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 two (2) items (resurfacing of driveway and home repainting) 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 resurface the driveway by year seven (7) and repaint the home by Year ten (10). According to the terms of the contract, the improvement may be completed to the satisfaction of the City no later than one (1) year following the year indicated. 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. RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 18-83 to add the property at 124 North B Street to the City's 2003 Historical Resources Survey by addendum, and to approve the Mills Act contract for this property. �w Elaine Dove, AICP, RLA Elizabeth A. Binsack Senior Planner Director of Community Development City Council Report Mills Act Program December 18, 2018 Page 6 Attachments: A. Resolution No. 18-83 Exhibit A: Historic Property Preservation Agreement Exhibit B: Historical Property Preservation Terms, Standards and Conditions B. Reconnaissance Survey form DPR 523A (2001) C. DPR 523A -124 North B Street (2018) D. Planning Commission Resolution No. 4374 ATTACHMENT A RESOLUTION NO. 18-83 RESOLUTION NO. 18-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING PROPERTY TO THE CITY OF TUSTIN 2003 HISTORICAL RESOURCES SURVEY BY ADDENDUM AND 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 124 NORTH 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 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 has an updated rating system with ratings that are equivalent to the ratings in the 1990 Survey; Resolution No. 18-83 Page 2 WHEREAS, the property subject to this agreement was not included in. the 1990 City of Tustin Historic Resources Survey report; WHEREAS, the property that is subject to this agreement was included in the City of Tustin windshield survey of historical resources in 2001, in which survey staff noted the structure appeared to be significantly altered and the property was therefore not listed in the City of Tustin 2003 Historical Resources Survey; WHEREAS, the 2003 Tustin Historic Resources Survey Executive Summary states that limited information was available for many resources and that further research may be desirable, and that analysis should occur in a dynamic and inclusive manner; WHEREAS, property owners Clay and Kristle Jorth submitted an application to enter into a Mills Act contract with the City of Tustin and enlisted the services of Cogstone, a firm specializing in Paleontology, Archaeology and History, to evaluate and prepare a State of California Primary Record Form DPR 523A for the property. The DPR 523A form is the standard form used for inventory records in the City's 2003 Historical Resources Survey. WHEREAS, Sherri Gust is a Principal Investigator for Cogstone, and an Orange County Certified Professional Paleontologist and Archaeologist and a Registered Professional Archaeologist with 34 years of experience in cultural resources management. Ms. Gust is accepted as a Historic Preservation Information Centers Secretary of Interior's Standards and Preservation; principal investigator by the State Office of and exceeds qualifications required by the Guidelines for Archaeology and Historic WHEREAS, under the supervision of Sherri Gust, Principal Investigator, Cogstone investigated and documented the structure and found it to be a qualified historic property and eligible for listing in the City of Tustin's historic register under two (2) separate National and State criteria categories as follows: (1) National/State Criterion Two (2) (Association with a historically important person at the local level): The home's original owner was Jerome C. Kidd, who served as a City Council Member, police and fire commissioner and two (2) terms as the Mayor of Tustin. (2) National/State Criterion Three (3) (Embodies distinctive characteristics of a type, period, or method of construction): The property portrays the characteristic features of Minimal Traditionalism as well as contributes to the mid -20th Century Era of growth in Tustin, a style that was most prevalent in the nation from the 1930-1950. Resolution No. 18-83 Page 3 WHEREAS, City staff has conducted an investigation of the property and residential structures as well as the City of Tustin and Orange County Assessor building records. City staff determined that additions at the west elevation (rear) of the main residential structure in 1996 and at the south elevation of the detached garage in 2007 were legally constructed with the benefit of building permits. City staff also reviewed aerial photographs from 1935 forward and found no evidence of alterations to the original structure that have an impact on the view of the house from the street; WHEREAS, based on the analysis and findings by Cogstone, the National Register of Historic Places and California Register of Historic Places classification is determined to be 3CS (appears eligible for California Register as an individual property through survey evaluation); and a rating of B for the 1990 City of Tustin Historical Resources Survey and 3CS for the 2003 City of Tustin Historical Resources Survey. 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; WHEREAS, the Planning Commission, acting in its advisory role on historic resources, reviewed the application at its meeting on December 11, 2018, and recommended the City Council find the property at 124 North B Street eligible for inclusion in the City's Historical Resources Survey by addendum. WHEREAS, pursuant to Section 15301 (Existing Facilities), 15308 (Actions by Regulatory Agencies for Protection of the Environment), and 15331 (Historical Resource Restoration/Rehabilitation) (Categorical Exemptions) of the California Environmental Quality Act (CEQA), historical surveys and agreements are considered categorically exempt from the requirements of CEQA. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tustin approves the addition of the property to the City's 2003 Historical Resources Survey by Addendum and further authorizes the Community Development Department to coordinate, process, and execute the historic property preservation agreement attached hereto as Attachment A with the owner of the property located at 124 North B Street, Tustin, California. Resolution No. 18-83 Page 4 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 18th day of December, 2018. CHARLES E. PUCKETT, MAYOR ATTEST: ERICA N. YASUDA CITY CLERK Attachment A: Draft Historic Preservation Agreement Exhibit A: Historic Property Preservation Agreement Exhibit B: Historical Property Preservation Terms, Standards and Conditions Resolution No. 18-83 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 18-83 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. 18-83 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of December, 2018. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA CITY CLERK EXHIBIT A TO RESOLUTION NO. 18-83 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 Clay Jorth and Kristle Jorth ("Owners"). 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; WHEREAS, the City Council has approved by resolution the use of such contracts to encourage the preservation of Qualified Historical Property in the City; WHEREAS, the property which is the subject of this Agreement is identified as Assessor Parcel Number 401-523-18, commonly known as 124 North 8 Street, Tustin, California. A legal description of the Property is attached hereto, marked as Exhibit "A," and is incorporated herein by this reference; WHEREAS, the property subject to this agreement was not included in the 1990 City of Tustin Historic Resources Survey report because the survey did not include properties constructed from 1940 forward; WHEREAS, the property that is subject to this Agreement was included in the City of Tustin windshield survey of historical resources in 2001, in which survey staff noted the structure appeared to be significantly altered and the property was therefore not listed in the official City of Tustin 2003 Historical Resources Survey; WHEREAS, City staff has conducted an investigation of the property and residential structures as well as the City of Tustin and Orange County Assessor building records. City staff has determined that additions at the west elevation (rear) of the main residential structure in 1996 and at the south elevation of the detached garage in 2007 were legally constructed with the benefit of building permits. City staff also reviewed aerial photographs from 1935 forward and has found no evidence of alterations to the original structure that have an impact on the view of the house from the street; WHEREAS, property owners, Clay Jorth and Kristle Jorth, enlisted the services of Cogstone, a firm specializing in Paleontology, Archaeology and History, to survey the property and prepare a State of California Primary Record Form DPR 523A for the property; WHEREAS, Sherri Gust is a Principal Investigator for Cogstone, and an Orange County Certified Professional Paleontologist and Archaeologist and a Registered Professional Archaeologist with 34 years of experience in cultural resources management. Ms. Gust is accepted as a principal investigator by the State Office of Historic Preservations Information Centers and exceeds qualifications required by the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation; WHEREAS, under the supervision of Sherri Gust, Principal Investigator, Cogstone has investigated and documented the structure and found it to be eligible for listing under two (2) criteria: (1) Criterion Two (2) (Association with a historically important person at the local level): The home's original owner was Jerome C. Kidd, who served as a City Council Member, police and fire commissioner and two (2) terms as the Mayor of Tustin. (2) Criterion Three (3) (Embodies distinctive characteristics of a type, period, or method of construction): The property portrays the characteristic features of Minimal Traditionalism as well as contributes to the mid -20th Century Era of growth in Tustin, a style that was most prevalent in the nation from the 1930-1950. WHEREAS, the 2003 Tustin Historic Resources Survey Executive Summary states that limited information was available for many resources and that further research may be desirable, and that analysis should occur in a dynamic and inclusive manner; WHEREAS, based on the additional analysis and findings contained in the Primary Record DPR 523A prepared by Cogstone, the City finds the a Qualified Historical Property in the City of Tustin and eligible for listing as a cultural resource, and therefore eligible for a Mills Act Contract pursuant to Government Code Section 50280 et seq.; WHEREAS, based on the analysis by Cogstone and the findings herein, the property is residentially zoned and meets the equivalent of "C" or better rating, which conforms to the intent of the criteria established by City Council Resolution No. 97-50; and 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, V: 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 Subiect to this Agreement The property, which is the subject of this Agreement, is identified as Assessor Parcel Number 401-523-18 commonly known as 124 North 8 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 (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. 3 4. 5. (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. (3) Failure to meet the notice deadlines above will result in one (1) 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 (10yyear 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. 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. 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. 4 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. 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, 5 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 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 (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 12.5 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 R 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. 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 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 7 To Owner: Clay Jorth and Kristle Jorth 124 North B Street Tustin, California 92780 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. 0 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. 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 David Kendig City Attorney Date: CITY OF TUSTIN By: Date: Elizabeth 'Binsack Director of Community Development Owners: By: Date: Clay Jorth By: Date: Kristle Jorth N 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. 10 EXHIBIT "A" LEGAL DESCRIPTION Lot 3 in Block A of Tract No. 338, as shown on a Map recorded in Book 14, Page 51 of Miscellaneous Maps, Records of Orange County, California. Together with the northerly half of the alley, 15.00 feet wide adjoining said lot on the south, as abandoned by Resolution No. 188 of the City Council of the City of Tustin, a Certified Copy of which was recorded December 7, 1946, in book 1505, page 424 of Official Records of said Orange County. APN: 401-523-18 11 EXHIBIT B TO RESOLUTION NO. 18-83 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 35 mm (or equivalent) and digital 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 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 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. 12 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 7: Resurface driveway Year 10: Repaint the exterior of the house and garage. 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. 13 ATTACHMENT,B RECONNAISSANCE SURVEY FORM DPR 523A (2001) 71 ri r Ptgboicawb ft—.Th6,QK7r ii'.r '2 POW 0 r. ,y•��.:;�ri��ti•t}�..il,; �'\•�j1++lt ..,',',i: bFFARi MENT Of? PARKS AND RECREATION �' PRIMARY RECORD.: .,�-�;Trir�ofttiat .., dw odaW v� Review Code Reviewer We POO 1 of *Resource Noma or S. (A2000 bY recorder) 2,45. "P1a .Other iderr4 - * P2. Location: © Not for Publication X Unrestricted *a• County orange County and (P2c, P2e, and P2b or Ptd. Altsoh'a Location Map as necessmya 'b. USES 7.6 Quad Ttin-orange pate Sep 1 2001 Y ; R_; ^'/s 0f _ YAO(Sec BA c, Address: 124 B St N City Tustin, ca Zip 92780 d. UTM: (Give more than one for urge Wxylor arrear resoirees) Zone _____, mEl mN e. Other Locational Dalt: (e.g,, parol t. dmed w s b msc rm, elevation, etc., ss approOde) see map *pia. Description: pmrbe rm"m and b major elenWjL kxi de design, rrraAerisis, oorwilior4 WIP adores, size, setting, and b=Wwi* The building was most likely bunt prior to 1952, but has been substantially altered. *P3b. Resource Afiribules: (List attitx tes and codes) HP2 single fan* property 'P4. Resources Present X auading ❑suuchxe ❑object ❑Site ❑astrid ❑Element of District ❑Other(isatates, -Psb. Description , of Photo: (view, date, accession 0) P5a. Photograph or Drawing (Photograph mp*ed for Ix lfts, s*urlras, end objekds.) Front view, July 2001 "P6. Date ConstructedlAge and source: before 1952 X I• okwic ❑ Pmhworic ❑Both *P7. Owner and Address: to be inserted _'P& Recorded by: ( 10m, tlMa& and address) G. Takano, TBA Most, Inc. 1950 Sacramento st /1, San Francisco, Ca 94109 *P8• Date Augur orded: s 2001 *P10. Survey Type: reconnaissance survey *P11. Report Citation: (Cite Wrvey mpmt and other sorrow, w en0e -rwm.-) see continuation sheet "Attachments: 13 NONE X Location Map Continuation Sheet ❑&AdkV, Structure, and objed Record OAmhaeological' Record ❑astr'id Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ other (List): DPR 523A (1/85) 'Required information ATTACHMENT C DPR 523A -124 NORTH B STREET (2018) State of California ahe Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Reviewer Page 1 of 15 P1. Other Identifier: Primary # HRI # Trinomial NRHP Status Code: 3CS Date *Resource Name or #: 124 North B Street (APN:401-523-18) *P2. Location: ❑ Not for Publication ❑ Unrestricted *a. County Orange Count, *b. USGS 7.5' Quad Date T _;R _; _ ❑ of _ ❑ of Sec c. Address 124 North B Street City Tustin Zip 92780 d. UTM: Zone _, mE/ mN e. Other Locational Data: *P3a. Description: 124 N. B St. was built in 1940 by then Tustin mayor Jerome C. Kidd, and served as his personal residence for many years. This small single -story minimal traditional home is built in a square shape with a wing at the front (east elevation) extending east. 124 N. B St.'s construction consists of minimal traditional identifying features such as the low to intermediate -pitched roof, double -hung 1/1 windows, minimal added architectural detail, corner windows (east wing) with corner supports, detached garage, and a round window. The roof over the main body of the house and east wing are covered in composite shingles. The exterior of the north and east elevation are clad in horizontal wood boards while the south and west elevation are mostly covered in stucco with some horizontal wood board cladding. The home's concrete foundation elevates the building approximately 6 inches above ground. The front porch is raised on a concrete slab, painted red, and covered by a moderate roof overhang supported by simple wood beams. The front door is set between the junction of the east wing's south elevation and the east elevation of the building's main body. (continued on page 3) *P3b. *P4. Resource Attributes: HP2. Single family property, HP4. Ancillary Building Garage Resources Present:X❑Building ❑ Structure ❑ Object ❑ Site ❑ District ❑ Element of District ❑ Other (Isolates, etc.) PSb. Description of Photo: Front (east elevation) of home from street. View facing west. P6. Date Constructed/Age and Source: x❑ Historic ❑ Prehistoric ❑ Both 1940, Per Orange County Assessor *P7. Owner and Address: Clay and Kristle Jorth 124 North B Street Tustin CA. 92780 *P8. Recorded by: Shannon Lopez Cogstone Resource Management Inc. 1518 W. Taft Ave. Orange, CA. 92865 *P9. Date Recorded: October 11. 2018 *P10. Survey Type: Exterior pedestrian survey P11. Report Citation: *Attachments: ❑NONE ❑Location Map [EContinuation Sheet ❑x Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (List): DPR 523A (9/2013) *Required information State of California orhe Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD *Resource Name or # 124 N. B Street (APN: 401-523-18) *NRNP Status Code 3CS Tustin Code B_ Page 2 of 15 Bl. Historic Name: Jerome C. Kidd House B2. Common Name: 124 N. B Street B3. Original Use: Single-family_ property B4. Present Use: Single-family prop= *B5. Architectural Style: Minimal Traditional *B6. Construction History: Per building permits from the Orange County Assessor's Office, this home was constructed in 1940 by Jerome C. Kidd (see pages 14-15). An extension at the rear of the home (west elevation) was completed in October of 1996 by then owner Cindy Qin. In 2007, an addition was added to the detached garage which extends south. These modem improvements have no impact on the view of the house from the street which continues to be period appropriate. *137. Moved? [ENo ❑Yes ❑Unknown Date: *B8. Related Features: Detached Garage. Original Location: 139a. Architect: Not Known b. Builder: S. J. Babcock *B10. Significance: Theme Suburban Development of Tustin Area Tustin, CA. Period of Significance 1940-1950 Property Type Single familyproperty Applicable Criteria CRHR 2 and 3 See historic context on pages 34 of this document. 124 N. B Street is not associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States and is therefore not recommended for listing under Criterion 1. The home's original owner, Jerome C. Kidd served as a city councilman, police and fire commissioner, as well two terms as the mayor of Tustin. Mr. Kidd was also a noted businessman within the city. Due to Mr. Kidd's contributions and service to the City of Tustin it is recommended that this home be deemed eligible for listing under Criterion 2 as associated with a historically important person at a local level. 124 N. B Street is a fine example of mid-20s' Century Minimal Traditional architecture, a style which was most prevalent in the nation from 1930s-1950. 124 N. B Street is recommended as eligible for listing under Criterion 3 as it portrays the characteristics features of minimal traditionalism as well as contributes to the mid -20`" Century Era of growth in Tustin. 124 N. B Street is not recommended as eligible for listing under Criterion 4 as it is not likely to yield information important to the prehistory or history of the local area, California, or the nation. (See Continuation Sheet), 11, Additional Resource Attributes: *1312. References: • Courtesy of Orange County Assessor's Office. Notice of Completion: 23817. Page 282. 1940. • 2018-19 Secured Assessment Roll. Property Characteristics Report: Parcel No.401-523-18. Courtesy of the Orange County Assessor's Office. Received September 12, 2018. • McAlester, Virginia Savage. A Field f - 4,1D to American Houses: The definitive Guide to Identifying and Understanding America's Domestic Architecture. Alfred A. Knopf. New York. 2015 Edition. Pgs. xv, xvii,586-595. (See Continuation Sheet, page 4) B13. Remarks: *1314. Evaluator: Shannon Lopez *Date of Evaluation: October 11, 2018 (This space reserved for official comments.) DPR 523A (9/2013) *Required information State of California 04atural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI Trinomial CONTINUATION SHEET Page 3 of 15 Property Name: 124 North B Street (APN: 401-523-18) P3a. Description Continued... A large square one -over -one single hung window is set at the center of the porch wall, left of the front door, facing east. Both the door and window are believed to be original to the home. Extending south from the front porch is a wood beam patio cover; it's supported by one of the porches' support beams and a second beam fixed to a decorative. stone wall; the modern stone wall in front of the home is set in an "L" shape and topped by stone slabs. Access to the south elevation and garage is obstructed by a 5ft. (approx.) wood paneled fence with two stone square columns. Fixed to the south elevation is a wooden patio cover supported by four wood posts and horizontal beams; the exposed rafters tapper off with corbel ends. There are two doors at the east elevation; one at the eastern end is a wooden eleven panel door (nine panels glass above 2 panels wood) and at the west end are double glass sliding doors. Two stone steps provide access to each set of doors, respectively. Both doors are not original to the home. A wood framed one -over -one single hung window (original to the home) is set between both doors. At the western end of the south elevation is a concrete patio island built in a "U" shape; the northern half of the island is set against the exterior of the home's south elevation. Evidence of past extensions to the building can be seen at the western half of the south elevation via a thin vertical line indented in the stucco wall. The west elevation of the home is half stucco and half horizontal wood cladding. A rectangle, two -paned, sliding glass window is set in the southern, wood paneled half of the elevation. A set of wooden patio doors and a rectangular, two -paned, sliding glass window are found at the northern (stucco) half of the south elevation. At this half of the west elevation is a raised, wood planked patio with a wooden patio cover (similar to that on'the south elevation). The posts of the patio cover are supported by knee braces Garage The exterior of the garage matches the color pallet and materials of the home. The extended garage is located at the rear of the home (west elevation). It is rectangular in plan with a low pitched roof and is covered in composite shingles. The north elevation of the original section of the garage shows evidence that the roof the structure was once hipped; the end of the roof at the south elevation is gabled. Various roof vents can be seen protruding from the roof line. The exterior of the garage is clad in horizontal wood boards, identical to those on the home's exterior (with exception to small stucco section at the garage's west elevation). The east elevation has a large paneled garage door at its southern extension; an eleven paneled door (nine panels glass above 2 panels wood) is set in the center of the northern (original) portion of the garage. This door is covered by a screen door and flanked on its right and left side by 12 paned sliding glass windows. A ten paned glass wood door is set at the garage's north elevation behind a screen door. A one -by -one rectangular sliding glass window can be seen to the west of this door. A single six -paneled wood door is found at the south elevation. The fenestration of the garage does not appear to be original. B10. Significance Cont. The historic context of 124 N. B Street is Suburban Development of Tustin. The home's construction date (1940) takes place during a period of growth in the City of Tustin, beginning in the 1920s. The 1920's ushered in a new period of development in which Tustin built its own high school in 1922 which lead to establishment of a city police department and a fire department. As the Tustin landscape remained primarily agrarian until the post war period, when groves DPR 523L (Rev.1/1995)(Word 9/2013) State of California Datural Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 4 of 15 Property Name: 124 North B Street (APN: 401-523-18) steadily gave way to homes, early historic aerials show 124 N. B St. as a contributor to the largest concentration of homes in Tustin at that time (per 1946 historic aerial). *NRNP Status Code 3CS: Appears eligible for CR as an individual property through survey evaluation. City of Tustin Mills Act Status Code: B: This category includes buildings which are not architecturally distinctive or historically significant enough to be considered for the National Register, but which maintain a local importance. References Cont... • Historic Aerial of 124 N. B Street. The Orange County Archives. Date 1955. • "The Tustin News (Tustin, California): Friday, December 5,1952". Newspapers.com. Accessed Oct 11, 2018. • Historic Aerials: 1946, 1952, and 1963. Historic Aerials. NETROnline. https://www.historicaerials.com/. • Holly Duke and Sherri Gust. Cultural Resource Assessment, for the Tustin Downtown Commercial Core Specific Plan, City of Tustin, Orange County, California. Prepared for City of Tustin. 2017. Copy on file at Cogstone Resource Management Inc. Photos East elevation, east wing and part of the building's main body is visible. View facing west. DPR 523L (Rev. 1/1995)(Word 9/2013) State of California OVatural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 5 of 15 North elevation. View Southwest. Property Name: 124 North B Street (APN: 401-523-18) North elevation; chimney with bricked in "shelf' (possibly used for a grill space). Round window (upper right) and basement/crawlspace vent (lower right). View southwest. DPR 523L (Rev. 1/1995)(Word 9/2013) State of California OVatural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 6 of 15 Property Name: 124 North B Street (APN: 401-523-18) Junction of main building's east elevation and south elevation of the east wing. Front door at center. View facing northwest. DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Elatural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 7 of 15 Embellished front door lock and handle. Property Name: 124 North B Street (APN: 401-523-18) South elevation. Back patio cover. DPR 523L (Rev. 1/1995)(Word 9/2013) State of California OVatural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 8 of 15 South elevation patio cover. View facing west. Property Name: 124 North B Street (APN: 401-523-18) Grill station. View facing west. DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Elatural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 9 of 15 Property Name: 124 North B Street (APN: 401-523-18) West elevation. Rear extension and back patio (center and center left). View northeast. West elevation. Rear porch and back fence (left). View facing east. DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Natural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 10 of 15 Property Name: 124 North B Street (APN: 401-523-18) East elevation of garage. Original section is to the right, extension is to the left. View southwest. North elevation of garage. View facing south. DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Elatural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 11 of 15 Property Name: 124 North B Street (APN: 401-523-18) West elevation of garage. View facing north. South elevation of garage. View facing west. DPR 523L (Rev. 1/1995)(Word 9/2013) m State of California Elatural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 13 of 15 Property Name: 124 North B Street (APN: 401-523-18) loom - f R Xt . • _ .�""� x. yam, i1 eR Historic Aerial of 124 N. B Street. Courtesy of the Orange County Archives. 1955. DPR 523L (Rev. 1/1995)(Word 9/2013) Y�1 State of California EIatural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 14 of 15 Property Name: 124 North B Street (APN: 401-523-18) 282 23816 140TICE OF COMPLETION NOTICE IS HEREBY GIVEN that HUGH M. HICKS whose address is 2018 South Sycamore Street, City of Santa Ann, County of Orange, State of California, as one of the owners in fee simple of the land herein described, caused a certain building and work of improvement to be made and constructed upon said land; that the contract with respect to same was made on the 2nd day of July; 1940, with HONE OWI;:RS CO::STRUCTION CORPORATION as contractor; that the said building and work of improvement as a whole was completed on the 7th day of October, 1940; and that the land on which said building and work of improvement was made and constructed is in ' the City of Santa Ana, County of Orange, StateofCalifornia, and Is described as follows: Lot Five (5) in Block "Qe of Tract No. 289, Country Club Gardens, in the City of Santa Ann, County of Orange, State of California, as per map thereof recorded in Book 14, P698 8 of Miscellaneous Haps, Records of Orange County, California. Dated this 9th day of October, 1940. Hugh M. Hicks (Owner) ' STATE CF CALIFORNIA, ) County of Orange, )ss. Hugh M. Hicks, being duly sworn, say_. That he Is one of the owners of the land described in the foregoing notice; that he has read the sane, and knows the contents thereof, end that the facts stated therein are true. Hugh M. Hicks (Owner) Subscribed ane sworn to before me this 9th day of October, 1940. ((SEAL)) J. W. Brown Notary Public in and for maid County and State. My Commiselon Expires Dec. 2nd, 1942. 23816 Recorded at Request of Owner, at 37 min. pa at 9 A.H., Oct. 9, 1940, in Book 1064, Page 282, Official Records of Orange County, California. Ruby McFarland, County Recorder. Elsie Auer COMPERED Janet Lesar --- 000__ 23817 FOTICE CF 00MPLF,TION NOTICE IS HERE -11Y GIVEF that JEROME C. KIDD whose address Is 124 North "B" Street, ' City of Tustin, County of Orange, State of Cslifornis, as one of the owners Sr. fee simple of the lard herein described, caused a certain building and work of improvement to be made and c Onstructed upon said land; that the contract with respect to same was made on the lct day of July, 1940 with S. J. BABCOCK as contractor; that the said building and work of imerovemr-nt as a whole was completed on the 2nd day of October, 1940; and that the land on which said building and work, of imnrovrment was made and constructed Is in the City of Tuetir., County of Orange, State of California, and Is described as follows: Lot Four (4) in Block "A" of Tract No. Sig, "Tustin Home Tract", in the City of Tustin, County of Orange, State of Californ L., as per map thereof recorded in Book 14, at page 51, of HiscelL-_neoum Mane, records of said orange County. Dated this gth day of October, 1940. Jerome C. Kidd (Owner) STATE OF CALIFOR:7IA, ) County of Orange, )es. Jerome C. Kidd, being duly sworn, Saye: That he Is one of the owners of the land described in the foregoing notice; that he has read the same, and knows the contents thereof, and that the facts stated therein are -true. Jerome C. Kidd M,ner) Subecribed end sworn to bc,fore me this Sth flay of October, 1940. , ((SEAL)) J. W. Brown Notary Public In end for said County and State. My Commission Expires Dec. 2nd, 1942. 23817 Recorded et Recuest of Owner, at 39 min. cast 9 A.M., Oct. 9, ;940, in Book 1064, Page 292, Official Records of Orange County, Celifornia. Ruby McFarland, County Recorder. ' Elsie Auer COMPARED Janet LeBar .__ 000___ Notice of Completion: 23817. Courtesy of the Orange County Assessor's Office. 1940. DPR 523L (Rev. 1/1995)(Word 9/2013) State of California Datural Resources Agency Primary# _ DEPARTMENT OF PARKS AND RECREATION HRI # Trinomial CONTINUATION SHEET Page 15 of 15 Property Name: 124 North B Street (APN: 401-523-181 2018-19 Secured Assessment Roll CLAUDE PARRISH, ORANGE COUNTY ASSESSOR Proprh7 Characteristics Resort: Page 1 of 1 All Information As of January 1St. 2018 Parcel No: 401-523-18 Tax Rate Area: 13-000 Property Type: SINGLE FAMILY RESIDENTIAL Owner / Mailing Address Owner: JORTH, CLAY, JORTH, KRISTLE City, State. TUSTIN, CA Address: 124 N B ST Zip: 92780 :« u:; nl wb4s C REi Rots r+a++'1�1.>� ibti ljlatne E cis: ,:W � Assessed Value Land: Improvement: Personal Property: Other: Gross: Less Exemption: Net: !,4101 Descriptlon'?%t- ' Exemptions Dates 666,800 Exe Type: NONE Land BaseYear: 2016 87,490 Improvement Base Year: 2016 0 Tax Lien Status: 0 754,290 0 754,290 Sale History Reference Number: R160139092 Additional Information Legal Description: N TR 338 BLK A LOT 4 TR 338 LOT 4 BLK A ALL -INC POR ABAN ALLEY AD) - Parcel No: 401-523-18 Building Sq. Ft.: 1407 # Bedrooms: 2 # Bathrooms: 2 *Half Baths: 0 Property Characteristics Land Sq. Ft.: 6,900 Pool (Y/N): N Garage Sq. Ft.: 938 Spa (Y/N): N Carport Sq. Ft.: 0 Construction Year: 1940 2018-19 Secured Assessment Roll. Property, Characteristics Report: Parcel No.401-523-18. Courtesy of the Orange County Assessor's Office. Received September 12, 2018. DPR 523L (Rev. 1/1995)(Word 9/2013) ATTACHMENT D PLANNING COMMISSION RESOLUTION NO. 4374 RESOLUTION NO. 4374 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA IN ITS ADVISORY ROLE RECOMMENDING THE CITY COUNCIL FIND THE PROPERTY LOCATED AT 124 NORTH B STREET ELIGIBLE FOR INCLUSION IN THE CITY'S HISTORICAL RESOURCES SURVEY BY ADDENDUM. The Planning Commission of the City of Tustin, in its advisory role, 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 ("Mills Act Contracts") 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 (Survey); WHEREAS, the 1990 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 property at 124 North B Street was included in the City of Tustin windshield survey of historical resources in 2001, in which survey staff noted the structure appeared to be significantly altered and the property was therefore not listed in the official City of Tustin 2003 Survey; Resolution No. 4374 Page 2 WHEREAS, the 2003 Tustin Historic Resources Survey Executive Summary states that limited information was available for many resources and that further research may be desirable, and that analysis should occur in a dynamic and inclusive manner; WHEREAS, property owners Clay and Kristle Jorth submitted an application to enter into a Mills Act contract with the City of Tustin and enlisted the services of Cogstone, a firm specializing in Paleontology, Archaeology and History, to evaluate and prepare a State of California Primary Record Form DPR 523A for the property. The DPR 523A form is the standard form used for inventory records in the City's 2003 Historical Resources Survey; WHEREAS, Sherri Gust is a Principal Investigator for Cogstone, and an Orange County Certified Professional Paleontologist and Archaeologist and a Registered Professional Archaeologist with 34 years of experience in cultural resources management. Ms. Gust is accepted as a principal investigator by the State Office of Historic Preservation Information Centers and exceeds qualifications required by the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation; WHEREAS, under the supervision of Sherri Gust, Principal Investigator, Cogstone has evaluated and documented the residential structure and found it to be a qualified historic property and eligible for listing in the City of Tustin's historic register under two (2) separate National and State criteria categories as follows: (1) National/State Criterion Two (2) (Association with a historically important person at the local level): The home's original owner was Jerome C. Kidd, who served as a City Council Member, police and fire commissioner and two (2) terms as the Mayor of Tustin. (2) National/State Criterion Three (3) (Embodies distinctive characteristics of a type, period, or method of construction): The property portrays the characteristic features of Minimal Traditionalism as well as contributes to the mid-20th Century Era of growth in Tustin, a style that was most prevalent in the nation from the 1930-1950. WHEREAS, City staff has conducted an investigation of the property and residential structures as well as the City of Tustin and Orange County Assessor building records. City staff has determined that additions at the west elevation (rear) of the main residential structure in 1996 and at the south elevation of the detached garage in 2007 were legally constructed with the benefit of building permits. City staff also reviewed aerial photographs from 1935 forward and has found no evidence of alterations to the original structure that have an impact on the view of the house from the street; I L Resolution No. 4374 Page 3 WHEREAS, the subject property is eligible for inclusion in the City's historical resources survey based on the following characteristics: 1. The property is identified with persons, a business use or events significant to local, state or national history in that the property is associated with Jerome Kidd, a former City Council Member, a two-term Mayor, fire and police commissioner and a noted businessperson in the City of Tustin. 2. The property embodies distinctive characteristics of style, type, period or method of construction or is a valuable example of the use of indigenous materials or craftsmanship in that it exemplifies the Minimal Traditional Style of architecture popular during the 1930s and following World War II and is well maintained. WHEREAS, pursuant to Section 15301 (Existing Facilities), 15308 (Actions by Regulatory Agencies for Protection of the Environment), and 15331 (Historical Resource Restoration/Rehabilitation) (Categorical Exemptions) of the California Environmental Quality Act (CEQA), historical surveys and agreements are considered categorically exempt from the requirements of CEQA. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Tustin, in its advisory role, recommends the City Council add the property at 124 North B Street to the City of Tustin Historical Resources Survey by addendum. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 11th day of December, 2018. 4A a. TE TI OZAK Chairperson Pro Tern ATTEST: "EU BETH A. BINSACK Planning Commission Secretary Resolution No. 4374 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4374 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of December, 2018. PLANNING COMMISSIONER AYES: Kozak, Mason, Thompson (3) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: 40AVIAM-- r ELIZABETH A. BINSACK Planning Commission Secretary