HomeMy WebLinkAbout06 MILLS ACT PROGRAM 535 W THIRD ST DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
Agenda Item 6
Reviewed. DS
AGENDA REPORT City Manager m5W
Finance Director N/A
MEETING DATE: DECEMBER 15, 2020
TO: MATTHEW S. WEST, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 535 WEST THIRD STREET
SUMMARY:
The Mills Act is State legislation that provides for reduced property taxes on a historic
property if the property owner agrees to maintain and preserve the property for a minimum
of ten (10) years. On June 16, 1997, the City Council authorized the implementation of a
Mills Act program and established a policy specifying which properties would be eligible for
the program. Attachment A of this report includes a draft historic property preservation
agreement for the property located at 535 West Third Street.
Owners: Aaron Goldsmith and Alissa Goldsmith
Location: 535 West Third Street
RECOMMENDATION:
That the City Council adopt Resolution No. 20-75 authorizing the execution of a Historic
Property Preservation Agreement (Mills Act Contract) with Mr. and Mrs. Goldsmith, the
owners of the property located at 535 West Third Street.
FISCAL IMPACT:
The execution of the historic property preservation agreement would reduce the property
owner's property tax payment by approximately Three Thousand Dollars ($3,000.00)
annually and proportionately reduce the City's share of the property tax revenue for the
property. The $500.00 application fee partially offsets staff and City Attorney fees to meet
with the applicant, conduct the property inspection, review the application, prepare
correspondence, the contract and City Council report, and administer the contract, which
are estimated to be $1,500 for the minimum ten (10)-year contract period.
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City Council Report
Mills Act Program
December 15, 2020
Page 2
CORRELATION TO THE STRATEGIC PLAN:
The proposed Historic Property Preservation Agreement furthers Goal A of the City of
Tustin's Strategic Plan pertaining the vibrancy and quality of life in all neighborhoods
and areas of the community.
BACKGROUND AND DISCUSSION:
Adopted by the California Legislature in 1976, the Mills Act gives local governments the
authority to grant property tax relief to owners of qualified historic properties, including
owner-occupied single-family residences and income producing properties. In exchange
for this relief, the property owners must agree, by contract, to maintain the properties in
accordance with specific historic preservation standards and conditions.
According to State law, all properties that are assessed property taxes and listed on a
historic register or survey, are potentially eligible to participate in a local Mills Act program.
If desired, each community has the discretion to target the program to specific historic
properties. In June of 1997, the Tustin City Council authorized the implementation of a
Mills Act program in the City of Tustin and established a policy for historic property
preservation agreements (which are commonly called Mills Act contracts) by resolution.
Pursuant to Council's direction, the Mills Act program is made available to the owners of
residential properties with an "A," "B," or "C" rating in the 1990 Tustin Historical Resources
Survey. Residential properties with equivalent ratings in the 2003 Historical Resources
Survey are also eligible to participate.
Property Description
The residence at 535 West Third Street is located within the Cultural Resources District
and has "B" and "3S" ratings in the City's 1990 and 2003 Historical Resources Surveys,
respectively. A "3S" rating in the 2003 Historical Resources Survey represents a property
that appears to be eligible for listing in the National Register. The Victorian home was built
in 1884 and was associated with the First Advent Christian Church as a parsonage from
1907 to 1948 and is significant for its association with the development of religion in
Tustin. A copy of the 1990 and 2003 Historical Resources Survey of the property is
attached (Attachment B). The 2003 survey contains a description of the character defining
features of this home including side facing gabled roof punctured by a front facing gabled
dormer, carved bargeboards and pairs of double hung windows accenting the gable faces,
single storied shed style porch roof, support by four square wooden posts, and plain rail
running between clapboard covered piers and the steps on the east side.
In 1983, the City issued a building permit for demolition of an existing garage and
construction of a new garage and storage shed.
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City Council Report
Mills Act Program
December 15, 2020
Page 3
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Mills Act Contract Provisions
Exhibit A of Resolution 20-75 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 535 West Third 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.
Required Mills Act Contract Provisions
As noted in the draft agreement, the required minimum term of a historic property
preservation agreement (Mills Act contract) is ten (10) years. Each year, the contract term
is automatically extended an additional year, unless terminated by the property owner or
the City of Tustin for any reason. If terminated without penalty, the agreement would end
at the end of the current ten (10)-year term. The property owner is assessed a penalty of
twelve and one-half (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
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City Council Report
Mills Act Program
December 15, 2020
Page 4
(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
compliance with the terms and provisions, the agreement includes a provision that
requires the owner to furnish any pertinent information needed by the City.
Tustin Mills Act Contract Provisions
The draft agreement includes standard terms and conditions, which are contained within
Exhibit A of the draft historic property preservation agreement (Attachment A). The
provisions are intended to be modified on a case-by-case basis.
For example, the agreement provides for the restoration or rehabilitation of the property
according to the U.S. Secretary of the Interior's Standards for Rehabilitation, the State
Historical Building Code, and the regulations of the State Office of Historic Preservation.
The Agreement also includes provisions for a photographic portfolio, landscape and
property maintenance, a schedule for repair and rehabilitation, maintained visibility,
submission of an annual report, and a prohibition on demolition.
The items included in the schedule for repair and rehabilitation were identified by City staff,
in consultation with the owner, as being necessary over the minimum ten (10)-year
contract term. By entering into a Mills Act contract with the City, the owner would agree to
the following:
Year I.-
•
:• Add handrail on east side porch steps leading to the front door from the
driveway
• Add window screens on all bedroom windows
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City Council Report
Mills Act Program
December 15, 2020
Page 5
• Coordinate with property owner to the west to trim the overhanging tree in
the rear yard.
Year 2.-
0
.• Remove the unpermitted patio cover in the rear yard.
Year 10.-
0
0.• Paint exterior of house and garage.
According to the terms of the contract, the improvements may be completed to the
satisfaction of the City no later than one (1) year following the year indicated.
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.
Docu Signed by: DocuSigned by:
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Elaine Dove, AICP, RLA Justina L. Willkom
Senior Planner Community Development Director
Attachments: A. Resolution No. 20-75
Exhibit A: Historic Property Preservation Agreement
Exhibit B: Historical Property Preservation Terms, Standards and
Conditions
B. 1990 and 2003 Historical Resources Survey Excerpts, 535 West
Third Street
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ATTACHMENT
RESOLUTION NO. 20-75
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RESOLUTION NO. 20-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AUTHORIZING THE COMMUNITY DEVELOPMENT
DEPARTMENT TO COORDINATE, PROCESS, AND EXECUTE THE
HISTORIC PROPERTY PRESERVATION AGREEMENT ATTACHED
HERETO AS EXHIBIT A WITH THE OWNERS OF THE PROPERTY
LOCATED AT 535 WEST THIRD STREET, TUSTIN, CALIFORNIA.
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the State of California enacted the Mills Act (California Government
Code Section 50820 et seq.), which authorizes cities to enter into contracts with the
owners of qualified historic properties to provide for the use, maintenance, and restoration
of such historical properties so as to retain their characteristics as properties of historical
significance
WHEREAS, the Tustin General Plan identifies the following policies related to the
preservation of historic properties:
1) Encourage the restoration and rehabilitation of properties in Tustin eligible for
inclusion on the National Register of Historic Places according to the rehabilitation
guidelines and tax incentives of the National Trust for Historic Preservation.
2) Preserve historically significant structures and sites and encourage the
conservation and rehabilitation of older buildings, sites, and neighborhoods that
contribute to the City's historic character.
3) Preserve historic and architecturally significant residential properties.
4) Retain and protect significant areas of archaeological, paleontological, or historical
value for education and scientific purposes;
WHEREAS, the City Council adopted Resolution No. 97-50 on June 16, 1997, and
determined that the use of historic property preservation agreements in Tustin will be
limited to residential properties that are not exempt from property taxation and have an
"A," "B," or "C" rating in the City of Tustin Historical Resources Survey;
WHEREAS, the 1990 City of Tustin Historical Resources Survey was updated in
2003, and the 2003 Survey has an updated rating system with ratings that are equivalent
to the ratings in the 1990 Survey;
WHEREAS, the owners of the property located at 535 West Third Street have
submitted an application to enter into a historic property preservation agreement with the
City of Tustin;
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Resolution No. 20-75
Page 2
WHEREAS, the residential property at 535 West Third Street qualifies for a historic
property preservation agreement because it has "B" and "3S" ratings in the City of Tustin
Historical Resources Surveys;
WHEREAS, the preservation of individual historic properties through the execution
of historic property preservation agreements in Tustin would serve to maintain the
historical integrity of individual structures citywide, including those within the Tustin
Cultural Resources District;
WHEREAS, the preservation of important resources and neighborhoods would
have beneficial indirect effects on local businesses, economic stability, and community
pride; and
WHEREAS, pursuant to Section 15308 (Categorical Exemptions) of the California
Environmental Quality Act (CEQA), historical agreements are considered categorically
exempt from the requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tustin
authorizes the Community Development Department to coordinate, process, and execute
the historic property preservation agreement attached hereto with the owner of the
property located at 535 West Third Street, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held
on the 15th day of December, 2020.
LETITIA CLARK,
MAYOR
ATTEST:
ERICA N. YASUDA
CITY CLERK
Attachment: Draft Historic Preservation Agreement
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Resolution No. 20-75
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 20-75
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. 20-75 was
duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin
City Council, held on the 15th day of December, 2020.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
CITY CLERK
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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 SPACE ABOVE THIS LINE FOR RECORDER'S USE
27388.1(a)(1)(2)(D)
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is entered into this day of 7 , by and
between the City of Tustin ("City"), a municipal corporation, and Aaron Goldsmith and
Alissa Goldsmith ("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 401-362-09, commonly known as 535 West Third 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 that is subject to this Agreement is listed in the City of
Tustin Historical Resources Survey, which satisfies the requirements of Government
Code Section 50280.1 as a Qualified Historical Property; and
WHEREAS, the property is residentially zoned and has a "B" rating in the 1990
City of Tustin Historical Resources Survey and a rating of "3S" in the 2003 City of Tustin
Historical Resources Survey, all of which satisfies the criteria established by City Council
Resolution No. 97-50.
WHEREAS, the City and Owner, for their mutual benefits, now desire to enter into
this Agreement to limit the use of the property to prevent inappropriate alterations and
ensure that the character-defining features are preserved and maintained in an
exemplary manner, and to carry out the purposes of California Government Code,
Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for
an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of
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Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, based on the above recitals and the mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
1. Property Subject to this Agreement
The property, which is the subject of this Agreement, is identified as Assessor
Parcel Number 401-362-09 commonly known as 535 West Third Street, 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.
(1) If served by Owner, notice of renewal must be served on City at least
ninety (90) days prior to the annual renewal date.
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(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 (10)-year term of this
Agreement and renewal provisions hereof.
G. Unless this Agreement is otherwise canceled as provided in Section 11,
after notice of nonrenewal has been served and not withdrawn, this
Agreement shall remain in effect for the balance of the term remaining,
including any prior renewal term.
4. Recordation of Agreement
The City Clerk shall record this Agreement with the Orange County Recorder
within twenty (20) days of its execution by both parties.
5. Notice to Office of Historic Preservation
Owner shall provide, or cause to be provided, written notice of this Agreement to
the State Office of Historic Preservation within six (6) months of the effective date
of this Agreement. The City shall provide owner with the applicable address.
6. Standards and Conditions for Maintenance of Property
The Property shall be subject to the standards and conditions set forth in Exhibit
"B", which is attached to this Agreement and incorporated herein by this reference.
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7. Periodic Examination of Property
Upon prior notice, Owner shall allow the reasonable periodic examination of the
interior and exterior of the premises of the Property by representatives of City, the
Orange County Assessor, the State Department of Parks and Recreation, and the
State Board of Equalization, as may be necessary to determine Owner's
compliance with the terms of this Agreement.
8. Furnishing Information
Owner shall furnish City with any and all information requested by City, which may
be necessary or desirable to determine Owner's compliance with this Agreement.
9. Enforcement of Agreement
In lieu of and/or in addition to any provisions to cancel this Agreement, City may
bring an action in court to enforce this Agreement, including, but not limited to, an
action to enforce this Agreement by specific performance or by injunction. If the
City determines there is a violation of the provisions of this Agreement by Owner,
and City decides to enforce rather than cancel the Agreement, City shall send
written notice to Owner in accordance with Section 13. If such violation is not
corrected to the reasonable satisfaction of the City within thirty (30) days after the
date the notice of violation is sent by mail, or within such longer period of time as
specified or agreed to by City, then City may, without further notice, declare a
default under the terms of this Agreement and bring any action necessary to
specifically enforce the obligations of Owner under this Agreement, including, but
not limited to, bringing actions for specific performance or injunctive relief.
10. Binding Effect on Successors and Assigns/Covenants Run with the Land
A. This Agreement is binding upon and inures to the benefit of all successors
in interest to Owner, to Owner's assigns and all person acquiring any part or
portion of the Property, whether by operation of law or otherwise.
B. The Owner hereby subjects the Property to the covenants, reservations and
restrictions as set forth in this Agreement, including Exhibit "B". City and
Owner hereby declare their specific intent that the covenants, reservations
and restrictions as set forth herein shall be deemed covenants running with
the land and shall pass to and be binding upon the Owner's successors and
assigns in title or interest to the Property. Each and every contract, deed or
other instrument hereinafter executed, covering or conveying the Property,
or any portion thereof, shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and
restrictions expressed in this Agreement regardless of whether such
covenants, reservations and restrictions are set forth in such contract, deed
or other instrument. City and Owner hereby declare their understandings
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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.
C. 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.
D. Upon cancellation of this Agreement as provided in Subsection A, above,
Owner shall pay a cancellation fee of twelve and one-half (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
E. City may also cancel this Agreement, at Owner's request, if the Property is
acquired in whole or in part by eminent domain or by an entity authorized to
exercise the power of eminent domain, and if City determines that such
acquisition frustrates the purpose of this Agreement. Under these
circumstances, no cancellation fee shall be imposed upon Owner.
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F. 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: Aaron Goldsmith and Alissa Goldsmith
535 West Third Street
Tustin, CA 92780
Notice shall be deemed sent or "served" upon the date of deposit in the United
States Mail.
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14. Fee to Administer Mills Act Program
At the time established by City Council resolution, Owner shall pay City a fee,
established by City Council resolution, pursuant to Government Code Section
5028.1. This fee is to cover City's costs of administering the Mills Act Program in
the City.
15. Defense, Indemnification and Hold Harmless
A. Owner shall defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all claims arising from Owner's
performance under this Agreement, or from any activity, work, or omissions
by Owner or caused by Owner in connection with this Agreement.
B. Owner shall further defend, indemnify and hold harmless City, its officials,
employees, and agents against and from all costs, attorneys fees, and
liabilities incurred in the defense of any such claim or any action or
proceeding brought thereon. In case of any action or proceeding brought
against City by reason of such claim, Owner, upon notice from City, shall
defend same at Owner's sole expense by counsel satisfactory to City.
16. Entire Agreement
This Agreement and the Exhibits attached hereto constitute the entire agreement
between the parties with respect to the subject matter hereof and supersede all prior
discussions, negotiations, and agreements whether oral or written.
17. Amendment
This Agreement shall only be amended by written instrument, signed by both
parties and recorded in the Office of the Orange County Recorder.
18. Miscellaneous Provisions
A. None of the terms, provisions or conditions contained in this Agreement
shall be deemed to create a partnership, a joint venture, or a joint enterprise
between the parties hereto.
B. This Agreement shall be construed in accordance with the laws of the State
of California.
C. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by a Court of competent jurisdiction or by
subsequent preemptive legislation, the validity and enforceability of the
remaining provisions shall not be affected.
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D. Owner understands that it is Owner's responsibility to apply for the
reassessment of valuation afforded by this Agreement pursuant to Chapter
3, Part 2, of Division 1 of the California Revenue and Taxation Code.
19. Authority to Enter Agreement
Each person executing this Agreement warrants that they have the authority to
enter into this Agreement on behalf of the party for whom they sign.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
CITY OF TUSTIN
By: Date:
Justina L. Willkom
Community Development Director
Approved as to Form
David Kendig
City Attorney
Date:
Owners:
By: Date:
Aaron Goldsmith
By: Date:
Alissa Goldsmith
SIGNATURES ARE TO BE NOTARIZED
IF THIS CONTRACT IS PROPOSED TO BE SIGNED BY
THE PROPERTY OWNER'S AGENT, THE CITY WILL
REQUIRE WRITTEN EVIDENCE OF THE AGENT'S
AUTHORITY TO ENTER INTO THIS AGREEMENT ON
BEHALF OF THE OWNER. THE WRITTEN EVIDENCE
MUST BE REVIEWED AND APPROVED BY THE CITY
ATTORNEY.
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EXHIBIT "A"
LEGAL DESCRIPTION
EXHIBIT "A"
THAT PORTION OF BLOCK"D"OF "A PART OF TUSTIN CITY," IN THE CITY OF TUSTIN,COUNTY OF
ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 4, PAGE(S)218 AND 219 OF
MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID BLOCK "D"100 FEET EAST OF THE
SOUTHWEST CORNER OF SAID BLOCK,AND RUNNING THENCE NORTH PARALLEL TO THE WEST
LINE OF SAID BLOCK"D",150 FEET;THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID
BLOCK, 50 FEET;THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID BLOCK, 150 FEET TO
THE SOUTH LINE OF SAID BLOCK;THENCE WEST 50 FEET TO THE POINT OF BEGINNING.
***END OF LEGAL DESCRIPTION-
9
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
EXHIBIT"8"
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 C ity.
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.
10
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
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
C ity.
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 I.-
•
:• Add handrail on east side porch steps leading to the front door from the
driveway
• Add window screens on all bedroom windows
• Coordinate with property owner to the west to trim the overhanging tree in
the rear yard.
Year 2.-
0
.• Remove the unpermitted patio cover in the rear yard.
Year 10.-
0
0.• Paint exterior of 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
11
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
ATTACHMENT B
1990 & 2003
HISTORICAL RESOURCES SURVEY EXCERPTS
535 WEST THIRD STREET
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
(CITY OF "II'USUM ERSTORMA L SURVEY
ADDRESS:
535 3RD ST (W.)
DATE:
1884
STYLE. ,
CALIFORNIA BUNGALOW
f
SOURCE: RATING:
E B k F
ALTERATIONS: O"A— I rr
S
HISTORICAL DISTRICT:
ya
COMMENT: 0,7
DESCRIPTION:
This classic turn-of-the-century Victorian farm house, now dad in asbestos siding, rests on a high foundation. The side-facing
gabled roof is punctured by a front-facing gabled dormer containing a 6-over-6 double-hung window and an awning (not original).
A narrow bargeboard separates the first and second floors. Carved bargeboards and pairs of double-hung windows accent the gable
faces. A single-storied shed-style porch roof, supported by four squam woodan posts, covers most of the front facade. A plain rail
runs between clapboard-covered piers and the steps arc on the east side. The ca. 1910 front door is accented with a large pane of
glass in the top half. Double-hung windows, which appear to have been added at a later time, flank the front door. A large
addition has been constructed at the rear of the house. The adjacent double garage is new.
SIGNIFICANCE:
The 1901 directory lists the Clifford family as living here. The household included J.V. Clifford, a farmer and his wife; Mrs. M.J.
Clifford, a widow, and Charles, a laborer, Ora, a bookkeeper and Misss A. L. Clifford. Church records refer to the purchase of the
'Clifford Douse' in 1907. From 1907 to 1948 this house served as the parsonage for ministers of the First Advent Christian
Church, Tustin's first church (see 555 W. Main SQ. The house was moved to its present site on 3rd Street in 1948, when the
present parsonage was built_ As one of Tustin's important early homes, this house provides a significant visual impact to the
historic Tustin streetscape. It is also significant for its association with the First Advent Christian Church and because the
parsonage was usually a gathering place for parishioners.
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
535 3RD STREET (W)
toor
`4 i
Ob
r'
J'
See following pages for property information
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
State-of Capifomia—The Reso.rces Agens-q Pun ry #
DEFARTMENTOF PARKS PND RECREATIGy HR=
BUILDING, STRUCTURE. AND OBJECT RECORD
Pane 1 Df IN=State-, :35
FRe=e Ntx ar R t'-5)535 3md Stan Cff.)
Bl. Ji.70nc Yams. C L—ff :i Hoz
B?. C ammoa Name:
BJ. C?riginA U*:Rmidea-mal
B-i Presem Use:;,eiiderma]
=Bt. _3kxhireitnr5LL.5h1e:V-icrnim
_B6. CMSUMMM M0Tr. �m.�Dm dam,adz=.s d dem ad sa�-'
The'n&ding eras crn=„ ei in ' yam door A iar_ee ad&don has aL;n
beeD co=acred at ttE!rear of dLe borne.The adjacEa dcrdale po?_e�i am.
FB?. '~fie^ E3tio Xyes Uumm im Date: 1945 O ii ehg Location: 4r'Stree'kewam A&Pacific
FRB. R-ehrrd Ffrbarr,:
BOa 3rchirett:Umlmcam.h Ekg&E -Unlmma
FB10. Si cancc Ibwrm Feta]Ahi>:eama Earth-Ranrhin fe_4 riraltraa Fahgi n
kw.=Betz C_ Period of Sapificante: l M-1 M Prapem Ty: Fex eodi�]
Ippbtable C rite:C
c�ncam�a:c:'s:xii:alcczmWma 4dw;A PwoAstdXX_XM ' CnCgNk _UxUWXGGi=W=L.}
Record.'LdLcate that dLe C�f wd famih Ln-Lic m tbLE house In 1901. ParmLa&e-Df tLe hn-a.}e'ati [hie anaxb icnirred Lu 190'. From W7 on
i�#R dLe have sewk as a puwmAn fN zr,r-mEs of the Firs)A&m d mgr-m Ct=L ThL.-biL's&st dnia an SS41 W.Maim Streft the
house ara&w7ed to its present iiv on 3'd Street ir5 I a,t=the vre�eui thai trzk The sire is Amid=bli awe ci Lt
aamc�rtim-nil&__dev6upmmt of religion in Tu da For a pa-Ad Df L L-yeer3,wm rhe pu3omap focr uikLtti-}aL 7�tm'a fm ihm1h the
First A3w�LILditaL�:.ti-c`_ls,€ated at 555 W.]1 iin.Street. TbE Mk isiers wbo ozaip�r-a hnme 33d_
1_ Elden Fl.RicharrL;na3,W IL
ThrD%tr*.RJB.Sh=:ar N`.E Dices,Wdi=E, eider,and C<FL Sm-L}l- Em-ard Y a;m Rei-.CF.Martm Dr. C.R.fenks,
Rei Arbar)&UE am 3=t.Frad Sion
Mri,lknally,the C�fffl[d bmrhy home i.-5 a neat e=PLe aL EiEdy TUfm T,Dawian style.
B11 Adffrtm al lxuDurre ItibilwMs:rl-__-it dE Famm Pmpaty
'KBIL REkn&m: C: qf;Lcn Lft=iw; Sun-q,. Thu eth Street ArJuD rti Ix, :.tee. 1M. Jai= CaraL H. A n. .-f CTW Qr Troc,
Heritage Virilia Cacp, 1 P96, A.&-em -bmrh Reoxd-,-Tuom News.-ca IML lntmi,ews-n>tb L�T3ei an;!Y%sae ort] 51 st
alid Lmu-umn-M ca M9.
B13. REmrks:
rDketch Klarr-h nor.- arrvtr"red
' ti
1712 1 � 2111 It T Z1 ; 1 f
�.B14. EvWwiDr:TSAR',C.JoQdan
of EvAmdod Oa M
{This mace reserved far uffkAal camuerrts.'. �
DPR 523E 11095) ■"uiFed irrfuirratim
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E
State of Capifomia—The ileso.rces Agens-; Prirrkyw #
IMPARTMENT OF PARKS AND RECREATiD'j HFP
CONI NUATION SHEET TMK Trial
Page= Of t IReso.roe Name orr:#(Pz�:;ned by moorhen t25)5W Id U W
PMUTAt-dbjr TRA n D ate- No Mernbef 20 Q2
v ontiriu�on LIP&
The building's cban ctu defining fEatmes Lnchide,bur are bot Liimmd to:
• side fades gabled roof punclired by a fraat faring pb]ed dormu tonF�ad m-ei iS double bid Amdoa
• canedbair pbcacdaaadpairs of daub Le hmq wubbam3 acoman?t&aabLe fates
i mgle su m,ed shed sole parch roA gnppom-d bf} fiar square m pasts, cmwing most of the frmt fame
i plain.Feil ring betmeeu claptmud cavued pier and the steps ame om the east side
+ sm -i-Ong 1910 door with a ha?g pang of gLass on dbe tap half
• doobbe hmig wkxk ms,possibly&&dEd arta later=e.flank the front door
DPR 523L %squired infofmatian