HomeMy WebLinkAboutCC RES 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 18-83
Page 1 of 4
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 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
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.
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
Resolution 18-83
Page 2 of 4
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.
PASSED AND ADOPTED at a regular meeting of the Tu 'n City Council held on
the 18th day of December, 2018.
CHARLES E. PUCKETT,
Mayor
Resolution 18-83
Page 3 of 4
ATTEST:
ERICA N. YAS A
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, 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: Puckett, Bernstein, Clark, Cooper, Lumbard (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
6i:ta f
ERICA N. Y ' DA,
City Clerk
Attachment A: Draft Historic Preservation Agreement
Exhibit A: Historic Property Preservation Agreement
Exhibit B: Historical Property Preservation Terms, Standards and
Conditions
Resolution 18-83
Page 4 of 4
Document -6464849 -Page -1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
Exempt from SB2 fee per Government Code
27388.1(a)(1)(2)(D)
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
III 1111111111111111111111111111111111I JII II I III IIJI IIII11111145,00
*$ R 0 0 1 0 5 4 0 4 3 1$*
2018000474085 2:47 pm 12119118
232 407 Al2 13
0.00 0.00 0.00 0.00 36.00 0.00 0.000.000.00 3.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is entered into this eday of a(aAhW , Utb 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;
Page 1 of 1
about:blank 12/19/2018
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
Exempt from S132 fee per Government Code SPACE ABOVE THIS LINE FOR RECORDER'S USE
27388.1(a)(1)(2)(D)
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is entered into this 4—*day of 7J)e6g14x- ,' , U0, 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 cavy 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
2
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:
U
2.
3.
AGREEMENT
Property Subject 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 B Street, Tustin,
California (the "Property'). A legal description of the Property is attached hereto,
marked as Exhibit "A," and is incorporated herein by this reference.
Definitions
Except as otherwise defined herein, the following words and phrases have the
following meanings:
"Serve notice" means to follow the notice procedures of Section 13.
"Owner" means the property 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
exempt from property taxation and
Government Code Section 50280.1.
privately owned property which is not
which meets the criteria set forth in
Commencement, Term and Renewal of Agreement
A. This Agreement shall become effective on the date first above written, and
unless canceled pursuant to Section 11, shall remain in effect for a term of
ten (10) years.
B. Each year, upon the anniversary of the effective date of this Agreement, the
term shall automatically be extended for 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.
3
(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.
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.
4
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. City and Owner hereby declare their understandings
and intents that the burden of the covenants, reservations and restrictions
5
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 Acireement
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
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.
0
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
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
7
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, pursdant 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.
L -*3
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:
—L2- //T (18
CITY OF TUSTIN
g ! :�� /Z1'?JF
Elizabeth Binsack
Director of Community Development
Owners:
SIGNATURES ARE TO BE NOTARIZED
Date. lrz- j � ^
Date: 701r6—
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.
9
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
10
CALIFORNIA•,•.. - •. l ••
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On le( r 1j ZOO before me, �2 �� Iw¢rrtY� i '�6W1i P(A)P\
Date Here Insert Name and Title of the Officer
personally appeared C`a u �F—Y \St�E'_ .S n, A�8
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)sis7are
subscribed to the within instrument and acknowledged to me that hrefslae/they executed the same in
4��/their authorized capacity(ies), and that by hAter/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
BRooKE DEL MERARI
Notary Public . California Z WITNESS my hand and a s I.
orange County v
i Commisone Jn2752120%u
Comm.
E J
Signature
Si re of No Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document tew"OA -�-
Title or Type of Document: C_RWr�t Pyt5e a h`yrt ftocument Date:
Number of Pages: � _:�-> Signer(s) Other Than Named Above: 61(2Abe(4i Dw. cJ (c-ellirc�
Capacity(ies) Claimed by Signer(s)
Signer's Name:
1 1 Corporate Officer — Title(s):
L i Partner — ❑ Limited ❑ General
I Individual ❑ Attorney in Fact
Trustee ❑ Guardian or Conservator
1 Other:
Signer Is Representing:
Signer's Name:
C I Corporate Officer — Title(s):
I 1 Partner — ❑ Limited ❑ General
L] Individual n Attorney in Fact
1-I Trustee ❑ Guardian or Conservator
L I Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "B"
HISTORICAL PROPERTY PRESERVATION
TERMS, STANDARDS AND CONDITIONS
To have a baseline for comparison when future maintenance or alterations are
being evaluated and for reconstruction of portions in the event of a disaster, Owner
shall create a black and white 35 mm (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.
11
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.
12
iR
- 4
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)
-- 1
I
—.The Rasou rose�y Primary at ."!.; ., . '`:„:, : . L
Stabs of California .:�. ��p� . . •, �.. •. ,; . �:.
111111
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coRARKSAND�.: • ;'t rnnomiet
PRIMARY RE '... , .,,.:.,: t
cod. ->
Listings
ber
•
Review Code Review.
Dote I
Page 1 *Resource Nana or :(4`�rlgned by records() 245
•Pie.Other iderdiffer:
*P2. Location: 0 Not for Publication X Unrestricted
"a. County Orange County and(P2c,Pte,and P2b or Ptd. Attach'*Location Map as necessary.)
III *b. USGS 7.5'Quad Tustin-orange Data Sep 1 2001 T ;R ;_14 of Y.of S% B.M.
c. Address: 124 B St N City Tustin,Ca Zip 92780
d. UTM: (Give more than one for large encircle Inter resr:es) Zone —, me mN
, ..
e. Other Locational Data:(e.g.,parcel I,fictions to resource,elevation,etc.,as appropriate)
r ' see map
*P3a. Description:(Desabe resource and its major elements. Ino ide design,/neerials,Dor c,attentions,sae,setting,and boundaries)
j The building was most likely built prior to 1952,but has been substantially altered.
•
i .
r. •P3b. Resource Attributes: (List aft Utes and codes) HP2 single family p oPertY
'P4.Resources Present X Building COStiucture❑object ❑site ❑District ❑FJement of District ❑Other(Isclates,etc.)
1111 *P5b.Description of Photo: (view, cat
P5a. Photograph or Drawing (Phologaph rep ed for bulk:Inge,seudres,and obteats.) aCcession t
Front View, July 2001
id . ,•
,• ' • 9 ' •ps• Datle ConstructadlApe
. r =; _ d a�, and Source: before 1952
x�x.- — --:-1.-_-.1*.:--._-,... --:. )(Ketonic CIPreMstaric CI Both
'' r
v^ - *P7. Owner and Address
• to be inserted
��- . *PS.Recorded by (Nana,anal o,and
_,� �:.-- address) G. Taken°, TBA West, Lnc.
;�rr..ara • 1950 Sacramento St 41, San
Francisco, Ca 94109
6P9. Otta Recorded:
Augut 2001
*P10.Survey
Type: reconnaissance
ill ,. survey
/6 •
*P11 Report Citation:(Cie survey report and other sources,or en6x'honel see continuation sheet
"Attachments: ❑NONE X Location Map Continuation Sheet ❑Building,Structure,and Object Record
III ❑Archaeological Record ❑District Record ❑Linear Feature Record C iMiling Station Record ❑Rode Art Record
❑Arfifad Record ❑ptwtograph Record 0 Other(List): •
DPR 523A(1/95) 'Required information
ATTACHMENT C
DPR 523A - 124 NORTH B STREET (2018)
State of California Q'he Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI#
PRIMARY RECORD Trinomial --
NRNP Status Code: 3CS
Other Listings _-_ _ _______ _
Review Code Reviewer Date
Page 1 of 15 *Resource Name or#: 124 North B Street(APN:401-523-18)
Pl.Other Identifier:
*P2. Location: Not for Publication ii Unrestricted
*a. County Orange County
*b. USGS 7.5'Quad Date T _;R _; _ J of_ J of Sec B.M.
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. Resource Attributes: HP2.Single family property,HP4.Ancillary Building-Garage
*P4. Resources Present: E]Building !_Structure J Object Site District IJ Element of District I Other(Isolates,etc.) r`
P5b. Description of Photo: Front
P5a. feast elevation) of home from street.
r
�• �`
',4:7„ ` ' " ;,'s,ti View facing west.
p�� . fc.
• \-•7 • -' ,• P6. Date Constructed/Age and
Source: ❑x Historic _Prehistoric
` `. � Both
044t,7{t-„•4" _}'$� .Z: 1940;Per Orange County Assessor
• •
*P7. Owner and Address:
Clay and Kristle Jorth
124 North B Street
'S4� ( "•
Tustin CA.92780
,, ;r ` ' *P8. Recorded by: Shannon Lopez
Cogstone Resource Management Inc.
• 1518 W.Taft Ave.
Orange,CA.92865
•
iVia. : *P9. Date Recorded: October 11.
• ,,.. 2018
*P10. Survey Type: Exterior pedestrian survey
P11. Report Citation:
*Attachments:—NONE _Location Map ElContinuation Sheet EIBuildiug,Structure,and Object Record
CArchaeological Record LDistrict Record LLinear Feature Record LMilling Station Record LRock Art Record
Artifact Record _Photograph Record Other(List):
DPR 523A(9/2013) *Required information
State of California Q'he 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) *NRHP 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 property
*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 modern improvements have no impact on the view of
the house from the street which continues to be period appropriate.
*B7. Moved? EINo _Yes _Unknown Date: Original Location:
*B8. Related Features:Detached Garage.
B9a. 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 family property Applicable Criteria CRHR 2 and 3
See historic context on pages 3-4 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-20t 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-20t
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:
*B12. 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 Guide to American Houses:
The definitive Guide to Identifi•ing and Understanding America's
Domestic Architecture.Alfred A.Knopf:New York.2015
Edition.Pgs.xv,xvii,586-595.
(See Continuation Sheet,page 4)
8 ,14_
B13. Remarks: •
•
I
*B14. Evaluator: Shannon Lopez
*Date of Evaluation: October 11,2018 _,•M�' �j t m
• • z
(This space reserved for official comments.)
VW°
of
r Y .
♦
0 50 Feet 0 10 Meters I in= 100 feet'
LL-L_1 1 liiil 1:1,200
DPR 523A(9/2013) *Required information
State of Califomia[Natural 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 Natural 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).
*NRHP 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
*
` t l � Y .
x • r � .
VI/ : ' .114o1.;-..
} Orli. Via. vim{
Itik'
,, .
_ •
kl
4, , _ _ ,a� .i. n 11
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 Natural Resources Agency Primary#
—
DEPARTMENT OF PARKS AND RECREATION HRI#
Trinomial
CONTINUATION SHEET
Page 5 of 15 " Property Name: 124 North B Street(APN:401-523-18)
f Ili/wl,ttric-11-47.4:1004-,,. .1#
I Ll•vi• i / J
/it
North elevation.View Southwest.
.
: 15- * ,MOW
i i .si '
itf
p . a
moi ,.IIIIIlliiiiiiiff; i
ion
am
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:Natural 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)
i., . . i .,
I x 4 e ..,'$'•47. i
•
L..
1 A
� . s
i
3
-- iik... .. s
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:Natural Resources Agency Primary# _
DEPARTMENT OF PARKS AND RECREATION HRI#
Trinomial
CONTINUATION SHEET
Page 7 of 15 Property Name: 124 North B Street(APN:401-523-18)
ra
. r
r.
t
Embellished front door lock and handle.
lk et • 41111.1111111111116.—.
_ I • •!111 nil I
,
till II
ow-tt
At 1South elevation.Back patio cover.
DPR 523L (Rev. 1/1995)(Word 9/2013)
State of California Qdatural Resources Agency Primary# _
DEPARTMENT OF PARKS AND RECREATION HRI#
Trinomial
CONTINUATION SHEET
Page 8 of 15 Property Name: 124 North B Street(APN: 401-523-181
I
.. li
•
t � '
1'
South elevation patio cover.View facing west.
.1y
•
Grill station.View facing west.
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 9 of 15 Property Name: 124 North B Street(APN:401-523-18)
J
Li
dec
West elevation.Rear extension and back patio(center and center left).View northeast.
'Z R
r �� A
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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)
-,
ti
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East elevation of garage.Original section is to the right,extension is to the left.View southwest.
c,- ,y
tl. .1 ": "!r J i
11.
— _ .`
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•
North elevation of garage.View facing south.
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 11 of 15 Property Name: 124 North B Street(APN:401-523-18)
•
/i
i ,
West elevation of garage.View facing north.
j
-
South elevation of garage.View facing west.
DPR 523L (Rev. 1/1995)(Word 9/2013)
State of California Ddatural Resources Agency Primary# _
DEPARTMENT OF PARKS AND RECREATION HRI#
Trinomial
CONTINUATION SHEET
Page 12 of 15 Property Name: 124 North B Street(APN:401-523-18)
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1.,44
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,�► �:°{•
124 North B Street 0 400 800 Feet
City of Tustin, I t t i l t t t l N
Orange County,CA 0 75 ISO Meters A
1946 USDA Aerial Photograph Q Single family Party I t t t I t t t l
1:9,600 1 in=800 ft
This 1946 Historic Aerial shows 124 N.B Street as a contributor to the largest concentration of homes and
other various buildings within Tustin at the time.
DPR 523L(Rev. 1/1995)(Word 9/2013)
State of California Dlatural 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)
111
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Historic Aerial of 124 N.B Street.Courtesy of the Orange County Archives. 1955.
DPR 523L (Rev. 1/1995)(Word 9/2013)
State of California lalatural 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
NOTICE OF COMPLETION
NOTICE IS HER EST GIVEN that ECM M. HICKS whose address 1s 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 deaorlbed, 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 HOME O NgiS Wt:STROCTION CCEPORATION 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 Ann, County of Orange, State.of California, and is described as follows:
Lot Five (5) in Blook NI' 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,
page 8 of Miscellaneous Maps, Records of Orange County, California.
Dated this 9th day of October, 1940. •
Hugh M. Hicks (Owner)
STATE CF CALIFOR¢IA, )
County of Orange, )es. Hugh M. Hicks, being duly °worn, say: That he is one of the owners
of the land described in the foregoing notice; that he has read
the same, and knowe the contents thereof, end that the facts stated therein are true.
Hugh M. Hicks (Owner)
Subscribed end sworn to before me this 9th day of October, 1940.
((BEAT.)) J. N. Brown Notary Public
in and for said County and State.
Hy Commission Expires Deo. 2nd, 1942.
23816 Recorded at Request of Owner, at 37 min. pest 9 A.M., Oct. 9, 1940, in Book
1064, Page 282, Official Records of Orange County, California. Ruby MoFarland, County Recorder.
Elsie Auer COMPARED Janet Leger
23817
;;OTICE OF OONPLCTION
NOTICE IS SEAMY GIVEN that JEROME C. KIDD whose address 1s 124 North 'B' Street,
City of Tustin, County of Crenge, State of California, as one of the owners is fee simple of
the land herein described, ceused a certain building end work of improvement to be made and
constructed upon said lard; that the contract with respect to same was made on the let day of
July, 1940 with S. J. BABCOCK as contractor; that the said building and work of improvem'nt as
a whole was completed on the 2nd day of October, 1940; and that the land on which said building
and work of improvement was nude and constructed is in the City of Tustin, County of Orange,
State of Ca:ifornia, and Is described as follows: •
Lot Four (4) in Block'A' of Tract No. 338, 'Tustin Home Tract', in the City of
Tustin, County of Orange, State of California, as per map thereof recorded in Book 14, et page
51, of Miacellnneoue Maps, records of said Orange County.
Dated this 8th day of October, 1940.
Jerome C. Kidd (Owner)
STATE OF CALIFORNIA, )
County of Orange, )ee. Jerome C. Kidd, being duly sworn, says: That he is one of the
owners of the land described In the foregoing notice; that he has
read the pane, and knows the contents thereof, and that the facts stated therein are-true.
Jerome C. Kidd (O..ner)
Subscribed end sworn to b fore ce this 8tb day of October, 1940.
((SEAL)) J. 4. Brown Notary Public
in end for said County and State.
My Conmiseion Expires Dec. 2nd, 1942.
23817 Recorded at Renueat of Owner, at 38 min. past 9 A.M., Oot. 9, 1940, in Book
1064, Page 282, Official Records of Orange County, Celifornin. Ruby McFarland, County Recorder.
Elsie Auer COMPARED Janet LeBar
Notice of Completion:23817.Courtesy of the Orange County Assessor's Office. 1940.
DPR 523L (Rev. 1/1995)(Word 9/2013)
State of California Dlatural Resources Agency Primary# _
DEPARTMENT OF PARKS AND RECREATION HRI#
Trinomial
CONTINUATION SHEET --
Page 15 of 15 Property Name: 124 North B Street(APN:401-523-18)
2018-19 Secured Assessment Roll CLAUDE PARRISH, ORANGE COLTNTY ASSESSOR
Property Characteristics Report: Page 1 of 1 All Information As of January1st, 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 . ,t- 4. ..).,.h;r. ..xi,o-<<:,
•s...•.."'i., ?nj nary 994.:4 NM ACTT ,01s141'
Ole 6kd+ladre.al;:i).
31011"20 la Ali 61
tn.Ut
rnl,wot+a{a ba ts,eib ay r
Description 40 10,1$0.T.40 Ift$14 a +w
leo to tnl tcf*e
Assessed Value Exemptions Dates
Land: 666,800 Exe Type: NONE Land BaseYear: 2016
Improvement: 87,490 Improvement Base Year: 2016
Personal Property: 0 Tax Lien Status:
Other: 0
Gross: 754,290
Less Exemption: 0
Net: 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 ADJ.-
Property Characteristics
Parcel No: 401-523-18 Land Sq.Ft.: 6,900 Pool(Y/N): N
Building Sq.Ft.:1407 Garage Sq.Ft.: 938 Spa(YIN): N
#Bedrooms: 2 Carport Sq.Ft.: 0 Construction Year: 1940
#Bathrooms: 2
#Half Baths: 0
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
1 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;
r
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.
44,.i.
STE if OZAK
Chairperson Pro Tern
ATTEST:
6"ElIt 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:
7ji0Alia&A'
Sup ELItABETH A. BINSACK
Planning Commission Secretary