Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
07 MILLS ACT PROGRAM 350 S B STREET
DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 7 Agenda Item —� Reviewed: LL AGENDA REPORT City Manager Finance Director N/A MEETING DATE: DECEMBER15, 2020 TO: MATTHEW S. WEST, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION AGREEMENT FOR 350 SOUTH B 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 350 South B Street. Owners: Nathan and Lillyan Chandler Location: 350 South B Street RECOMMENDATION: That the City Council adopt Resolution No. 20-74 authorizing the execution of a Historic Property Preservation Agreement (Mills Act Contract) with Mr. and Mrs. Chandler, the owners of the property located at 350 South B Street. FISCAL IMPACT: The execution of the historic property preservation agreement would reduce the property owner's property tax payment by approximately Five Thousand Dollars ($5,000.00) 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. DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 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 350 South B Street is located within the Cultural Resources District and has an "A" 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 is appears eligible for listing in the National Register of Historical Places. This local historic resource was added to the National and State Registers of Historical Places in 2017. The Victorian Italianate home was originally constructed in 1881 and was owned by David Hewes, a leader in the development of the Tustin community on par with Columbus Tustin, James Irvine, Charles Clarke Chapman, C.E. Utt and Sherman Stevens. The period of significance for this property is 1881-1890. A copy of the 1990 and 2003 Historical Resources Survey for the property are attached. Although a complete description of the home and historical features are included in the survey documents, some of the character defining features of the residence include: • Prominent medium-pitched gable roof, projecting from a rectangular truncated hip roof; DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E City Council Report Mills Act Program December 15, 2020 Page 3 • Exterior wide shiplap siding-, • Ornate brackets and turned posts to delineate the windows, including the second floor balcony-, • An original porch in the rear identical to the front porch-, and • Windows on the first floor are tall and narrow, with arched tops and flared cornices, decorated with scallops, which reach to the porch ceiling and second floor double- hung windows with square tops. New owners, Mr. and Mrs. Chandler, have recently purchased the house and enlisted John Loomis, an architect specializing in historic resources, to assess the condition of the residence and identify needed repairs. Mr. Loomis has prepared a report, which is attached as Exhibit D. As can be seen, the wrap around porch, railings, decorative elements and stairs are in need of repair as are other items such as windows and doors, structural items, flatwork, roofing and more. The homeowners have identified a multi-year schedule of repairs to be completed as indicated below. { r r r r - •i�C Mf - Hewes House Figure 1 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E City Council Report Mills Act Program December 15, 2020 Page 4 Mills Act Contract Provisions Exhibit A of Resolution 20-74 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 350 South B Street. The draft agreement contains all of the contract provisions required by State law. These provisions are discussed below. As requirements of State law, these provisions may not be modified; however, optional provisions are included in the agreement at the discretion of the City Council. 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 (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. DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E City Council Report Mills Act Program December 15, 2020 Page 5 For example, the agreement provides for the restoration or rehabilitation of the property according to the U.S. Secretary of the Interior's Standards for Rehabilitation, the State Historical Building Code, and the regulations of the State Office of Historic Preservation. The Agreement also includes provisions for a photographic portfolio, landscape and property maintenance, a schedule for repair and rehabilitation, maintained visibility, submission of an annual report, and a prohibition on demolition. The schedule for repair and rehabilitation includes multiple items over a ten (1) year period as identified by the Conditions Assessment Report dated November 3, 2020 (Attachment C). By entering into a Mills Act contract with the City, the owner would agree to the following: Year 1-3.- 0 -3:• Correct porch, slope, repair skirt and railing/construct footing Year 4-5.- 0 -5:• Repair stairs (2), octagons (4), balcony rails, replace finials. Year 6.- 0 :• Exterior paint Year 7-8.- 0 -8:• Major roof repairs (replace flat roof, flashings, gutters, downspouts) Year 9-10: • Repair to driveways. 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. DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E City Council Report Mills Act Program December 15, 2020 Page 6 Docu Signed by: DocuSigned by: AdV-t, V� u �. In�i,Q,Q,Jc 6w, 15DF594829AC4A0... ` ED45DA2623B54A5... Elaine Dove, AICP, RLA Justina L. Willkom Senior Planner Community Development Director Attachments: A. Resolution No. 20-74 Exhibit A: Historic Property Preservation Agreement Exhibit B: Historical Property Preservation Terms, Standards and Conditions B. 1990 and 2003 Historical Resources Survey Excerpts C. Conditions Assessment Report dated November 3, 2020 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E ATTACHMENT A RESOLUTION NO. 20-74 EXHIBIT A: HISTORIC PROPERTY PRESERVATION AGREEMENT EXHIBIT B: HISTORICAL PROPERTY PRESERVATION TERMS, STANDARDS AND CONDITIONS DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E RESOLUTION NO. 20-74 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 350 SOUTH 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 the 2003 Survey has an updated rating system with ratings that are equivalent to the ratings in the 1990 Survey; WHEREAS, the owner of the property located at 350 South B Street has submitted an application to enter into a historic property preservation agreement with the City of Tustin; DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E Resolution No. 20-74 Page 2 WHEREAS, the residential property at 350 South B Street qualifies for a historic property preservation agreement because it has "A" and "3S" ratings in the City of Tustin Historical Resources Surveys; WHEREAS, the preservation of individual historic properties through the execution of historic property preservation agreements in Tustin would serve to maintain the historical integrity of individual structures citywide, including those within the Tustin Cultural Resources District; WHEREAS, the preservation of important resources and neighborhoods would have beneficial indirect effects on local businesses, economic stability, and community pride; and WHEREAS, pursuant to Section 15308 (Categorical Exemptions) of the California Environmental Quality Act (CEQA), historical agreements are considered categorically exempt from the requirements of CEQA. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tustin authorizes the Community Development Department to coordinate, process, and execute the historic property preservation agreement attached hereto as Exhibit A with the owner of the property located at 350 South B Street, Tustin, California. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 15th of December, 2020. LETITIA CLARK, MAYOR ATTEST: ERICA N. YASUDA , CITY CLERK Attachment: Draft Historic Preservation Agreement DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E Resolution No. 20-74 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 20-74 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. 20-74 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 DocuSign Envelope ID:C716FC6D-CC31-44BB-9881-DA5CF84A677E 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 day of by and between the City of Tustin ("City"), a municipal corporation, and Nathan H. Chandler and Lillyan K. Chandler ("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 401-563-04, commonly known as 350 South 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 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 "A" 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 Division 1 of the California Revenue and Taxation Code. DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 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 401-563-04 commonly known as 350 South 8 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. (2) If served by City, notice of renewal must be served on Owner at least sixty (60) days prior to the annual renewal date. 2 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E (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. 7. Periodic Examination of Property Upon prior notice, Owner shall allow the reasonable periodic examination of the 3 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 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 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 4 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Property for the benefit of the public and Owner. 11. Cancellation of Agreement A. City may cancel this Agreement if it determines, after a duly noticed public hearing as provided herein, that Owner has committed any of the following acts: (1) Owner has failed to maintain, restore or rehabilitate the Property in accordance with the terms, standards and conditions set forth in Exhibit "B". (2) Owner has allowed the Property to deteriorate to the point that it no longer meets the City's standards for a Qualified Historical Property. (3) Owner has violated one (1) or more provisions of this Agreement. An Owner who does not occupy the Property, shall, nevertheless be responsible at all times under this Agreement, for the condition of the Property and compliance with this Agreement. B. City shall serve written notice of proposed cancellation on Owner stating the grounds for cancellation and setting a public hearing date on the matter. Notice of the hearing shall also be sent by U.S. mail to the last known address of each owner of Qualified Historical Property in the City, and shall be published pursuant to Government Code Section 6061 . C. Upon cancellation of this Agreement as provided in Subsection A, above, Owner shall pay a cancellation fee of 12.5 percent of the current fair market value of the Property, as determined by the County Assessor as though the property were free of the contractual restriction. The cancellation fee shall be paid to the County Auditor in the manner prescribed by the County Auditor D. City may also cancel this Agreement, at Owner's request, if the Property is acquired in whole or in part by eminent domain or by an entity authorized to exercise the power of eminent domain, and if City determines that such acquisition frustrates the purpose of this Agreement. Under these circumstances, no cancellation fee shall be imposed upon Owner. E. City may also cancel this Agreement, at Owner's request, if so much of the Property has been destroyed, in whole or in part and that, in the sole opinion of the City, the historic value of the Property has been destroyed. Under these circumstances, no cancellation fee shall be imposed upon Owner. City may cancel this Agreement, at Owner's request, if the Property is damaged by fire, earthquake, or other Act of God or accidental cause to 5 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 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: Nathan H. Chandler and Lillyan K. Chandler 350 South 8 Street Tustin, CA 92780 Notice shall be deemed sent or "served" upon the date of deposit in the United States Mail. 14. Fee to Administer Mills Act Program At the time established by City Council resolution, Owner shall pay City a fee, established by City Council resolution, pursuant to Government Code Section 5028.1. This fee is to cover City's costs of administering the Mills Act Program in the City. 6 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 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. 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 7 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 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: Nathan H. Chandler By: Date: Lillyana K. Chandler 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. 8 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Tustin, County of Orange, State of California, described as follows: Lots 1, 2 and 3 in Block G of Tustin City, in the City of Tustin, County of Orange, State of California as per map recorded in Book 4, Pages 218 and 219 of Miscellaneous Maps in the Office of the County Recorder of Said County. APN: 401-563-04 9 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 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. 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 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 1-3.- 0 -3:• Correct porch, slope, repair skirt and railing/construct footing Year 4-5.- 0 -5:• Repair stairs (2), octagons (4), balcony rails, replace finials. Year 6.- 0 :• Exterior paint Year 7-8.- 0 -8:• Major roof repairs (replace flat roof, flashings, gutters, downspouts) Year 9-10: • Repair to driveways. 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 11 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E shall be submitted to the City on an annual basis at times specified by the City. 12 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E ATTACHMENT B 1990 & 2003 HISTORICAL RESOURCES SURVEY EXCERPTS DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E CITY OF T UMN HHSTOIRI[(CAIL SURVEY ADDRESS: 350 B ST(S.) DATE: ^LF` +r r r 11 A! Y 1 881 STYLE: VICT,-GREEK REVIVAL SOURCE: RATINTG: E A ALTERATIONS: M HISTORICAL DISTRICT: YES COMMENT: : HEW ME HOUSE 'f^ am DESCRIPTION: This fine two-storied Greek Revivals Italianate house is a County Landmark. The prominent medium-pitched gabled roof which is visible from B Street projects from a rectangular truncated hip roof that tops the back half of the house. The gabled section is accented with returns and enclosed eaves while the truncated portion is bordered with wrought iron cresting. The exterior is clad in wide shiplap siding. The balustrade bordering the second floor balcony was added in the 1890's when the second floor was remodeled. The turned posts and balustrade which supports die porch roof are original and feature square posts with flared bracketed capitals. The friez a is decorated with dentilwork, molding-trimmed horizontal panels, and teardrops. The windows on the first floor arc tall and narrow, with arched tops and flared corttices, decorated with scallops, which reach to the porch ceiling. Those on the second floor are double-hung with square tops. The double front doors are accented by large plate glass windows in the top two-thirds and molding-trimmed paneling below. The centerpiece of the front facade is the wide wooden staircase, accented with elaborate newel posts and turned balusters. The square bay on the south side features a trio of arched windows on the front and a matching window on each side. Ornate brackets and turned posts delineate the windows. The mansard roof of the bay is clad in fishscale shingles and topped with a balcony bordered with a plain wood balustrade. The porch in the rear(southwest) corner is original and is identical to the front porch. An open porch, edged with a plain balustrade runs across the entire rear of the second floor. The north side faces the back yard and is accented by a second-floor balcony with elaborate carved brackets. The very large lot is shaded by several mature trees. A slumpstone and wrought iron fence along the back and side was installed in the late 1970's. The double garage was built in the 1940's and is virtually hidden in the back northwest corner. This house is architecturally significant because of its unusually fine attention to detail, using the best in building materials and craftsmanship, and because it is probably the finest example of Italianate architecture in Orange County, It retains almost all of its 1880's and 90's integrity. SIGNIFICANCE: The Hewes House is a County Point of Historical Interest. David Hewes, who built this fine Italianate home in 1881 and Iived here until 1890, and rented it out until 1915. Hewes was probably Tustin's wealthiest pioneer. Ile made his fortune and established his place in California history prior to his move to Tustin. He is renowend for having donated the golden spike used to mark the completion of the Transcontinental Railroad in 1869. While living in this house he played a major role in the establishment and construction of the Tustin Presbyterian Church. His ranch covered most of the present El Modena and North Tustin area and had a profound impact on the economy and agriculture of the area Benjamin F. Beswick, who owned the house from 1919 to 1945, was the superintendent of the Tustin Elementary School from 1916 to 1923. Because he felt that the school teachers should live in Tustin, he altered the second story of the house in order to add bedrooms and a bath. He also saw that the teachers attended the Tustin Presbyterian Church. Significant as a superior example of It alianate architecture, and for its associations with David Hewes and Benjamin Beswick, the house is also representative of Tustin's primary settlement period, DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 350 6 STREET (S) `, • ter � � t7 I ko.. k, OCI r , ' ►.. . �errmn�.►■■■■■■■e►n err •■■ � 1 - t• •1 1 1 �f l See following pages for property information DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E State-of Capifomia—The Reso.roes Men-,• Pim3ryr # DEPARTMENT OF PARKS AND RECREATIG4 HRi* BUILDING, STRUCTURE. AND OBJECT RECORD Paul-Df a x'S=5t=G>&:l5 xRem mxe•Sageor:u LEC;35013 Si.(S� Rl. FIL[oric Hanot Hewes House D?. {.ammm Nxi t HL-A-es NDw.E E3. Drio nal Llse:Rediential B-i Presew Use:Rffa mtW 2W. Archihe=a]St3ie:Gnel F,eiimal-Trxliaraie {6d4rftCd nHisrarti -'Ccmtr_chm• g db am.mAdstRC'fAF hm Tht}b dmg�sas built m f 8 L DaVi i HEWN had this home bui7L,which he Hs i Q umf] 1000.Omr whtrh he rented die mopem-=d A umn.'au.ilt in the lis,is located m the rear ani Dorthwem corer-Df the pmyem% s a di.doal the ball•&mwie'bmderiDa tte }ecom floor as wrL-was added m 1h,e 1�9N wIez the iecmiL 11mu%m reimodeleii A sbmpFxcce aEd wruazk iron feMe a}ong the bods ani i;&wai, inz Led in the ate 1910-;. -B?_ mmr X Na Des OLS Daw- Ori;;i l L Xahpn: *B& RA21ed Faato.rei: 119i Archiiwr.u31xzn3 b.Eoilder_LMLM 4Ls =RIOL .5igiffxamce: Thyme:Emily Emchmg S Agdmirdrp Ra{i.Ee3lial,axe Area: �,=Hca-Iyustm CA PerioddSiz�xanoe: 1570-1899 Pr¢Pen3ITp: Residzrbal Appikabk-Critet-ix AAC .'L�=:hapzmmc�MaFhrftLrz cr m diffiad b%AnmmL paiA and whit zzo.;. .Um ad±-m;Mmait;-, This sire�i a,-i9 ml hecrose of¢a architKdma and aasxiaoon-nit a perm of u=cT re is Tus n-i The tuddin-i.}an a umpLe of the Italiana ve mie m Omge Cu min. The Muse,repsealiative of Tu=7 a prn:ary settle=t Eerk-�is archil ai arc b XDZE OfiG=UZY 15M Ita:inrace ati-dN w detail,''ng the best ia ndMiog ma a1s and='mm;hp avdaaLe al d e one.and becan;e it is provably the fmesi a=�e ofIah ate arrhitecruire in Dmz@ C off. hfuc.h ofits I280'i m 'p0'i mneme remain;wday.The eaaem rh e e'mz1 YW comerofme huam c.anDA be sem=mthe�6e1 and does nal co=rom-E the maesm of the prgest3r - - zd Hewe;made his lame and a itak&& hip place in Calgorr--3 hi.-on prim to his mo-ve to Iu= He is rew%uBl for Lu mg d,vmaned ffiE pkm igle•useito nk the€a=.�_-ftm of die Tru_somtLiama]RdInoau m 1569. NZIi]e liking iD d=ouse he Un-ed amajornWe in d e e labli;hmm and corstuxtum of Lhe Iustn PiEbnte=Conch IL racrh cmwed mart o:d*pre;ar.r E'+ a and Nardi lusts ansa md has a mound impact on the KoDow anal armimna Df the area. Begamin G.Besp�w-hD owimm the bDw-e fsmr 1919 0o 1945.wai, roe supffktendenr-Df the TuE D F.1onnitarr 5rhswi =firm 1916 to 1923. Bmu5e he fLi thu dLP sdmitexher} 2zuli En in REda he altered rhe ueaaad mm of 1he hcra, e m wder to aid bedcaems and a battL The Eine also has ieo dpcam mufre aeei dLat ibade the%wv Larp 1n1. The H,eR-es House is aiso a Coin lir of Hilal Iunefest fSketch hlap wth ncrr- arrov. rea I OLWLDFN G B11. Adldiriinnal Res4+�r¢�ittril»�es:;ISe Famirr g 'of 'XH12. MeneK0:C i n of rites HI-rartad l?1�,�ell5 sm l �i aThite ta,me .JuLe. 1990. Arm:_3 C ti, qfTraci.C mol H.Joriam Her-a__ ° Nfedsa Corp. 096 z 131 . Rimulm: 11D14. ET21a Dr.TBAW,C.lwdm of HvRluadw-Cia 2{302 !Th s space reseryec for oft dal cvnrne^15.ti AVAG DPR 573E 11195) fequired inforr=ian DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E State of Capifomia—The Reso.roes Arlen-,-; Flirrteryr # DERAF;rTMENT OF PARKS AND RECREATiL�•`a HRW COt+IT' IUATION SHEET TnTM3rnial Pam= Of t *Resp.rez: Name GF:N(AsQjrsd b+f mwrdur �6c}3m IB st S PaMrdedbjr TBA n Dake: Nowember20C2 The bail ms's chmac defmLmg fomes mchmk.bit a me o Limted to: • a piroffimen ;i� t meei-ched gsbLeroof, y d PToJ`ctng kom4 a 7Emulgalar timrated b¢p roof dal.*ops dw bark haL of dw hocsrl, accented vats mmrm mi ewlosed eavEs and waagbt i nm m6ing bordued along Om tnmcamd portions extuior wjda shVL3p siding + ornate bir2rkr=ts and tw-ced posss that&lmaa;e the s►�no�v�s, g�aeco�d-fiaa:ba]cos�elaboaa�r�a��d brar�ets� &P Beath sd,e faicma the back yard • a mansard roof of the ba} clad in fi h ge ahmgles and topped-ritb a balcony+bordered nwh a pLam wc- d balnsuwk • as origi>rsal poi-ih is the rear(srn tliwm�coTwr idEuncal m t*kmt pork ani an opEa pa*€h edged mtb a pLam bah=ade nms amass the unre rear of the second floor i ±LL-1819Ds added bahrara&bordering-be iecoc d floor balcamcy vAt!1 toned posts-qqpos&ng the paTrh Toef and safe p eiE %ith flaredbmck&Ed Lqimh + a fri that is deomted ai>h deniL' ,molding-tried hDnw cal panels: and tri pq)s. • % nkws on the firms floor aze tall am naarovs.with arched tops and flared comces. dwmv ed midi scaFlc m:whim mmch to ±LEL pcTch ceiling and second flocr*aablo-)a_-q wm&ms wif awe tops. + la_*pe plate mss}wmdo{•vrs accent the double front dome.m the sop T o-iAuds vrit!i maLdig-timmed pm ling Mom • vide aoDien staaease.scole3ed with ala,baTate nemv-1 post aid*umed baltz�square bay on th,e smft Sias faVam 3 Bio of ached mindq,s on ihE fioot and a mamhm-,vdndaiN cm each side DPR 523L *squired infonnatian DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E ATTACHMENT C CONDITIONS ASSESSMENT REPORT DATED NOVEMBER 3, 2020 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E �f- t r _ f b f I • •J �t Chandler Residence 350 S B Street,Tustin,CA Conditions Assessment Study Prepared by: Thirtieth Street Architects,Inc. 2821 Newport Boulevard Newport Beach,CA 92663 949/673-2643 tsainc@aol.com November 3,2020 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E INDEX PaLle Acknowledgement 1 A. Introduction 2 B. Purpose 3 C. Methodology 3 D. Assessment Findings 3 -5 E. Site Work 5, 6 F. Conclusion 6 Appendix 7 • Secretary of Interior Standards • Condition Assessment Drawings • Photos of Existing Conditions DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E Acknowledgement We would like to thank Nathan Chandler for providing access to our team on numerous occasions and his due diligence. Thank you to Elaine Dove with the City of Tustin for her guidance and cooperation. Chandler Residence Conditions Assessment Page 1 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E A. Introduction The Owner of this property, Mr. Nathan Chandler, contacted the City of Tustin about obtaining a Building Permit to make some repairs to his historic residence utilizing the Mills Act. The residence, located at 350 S B Street, was constructed in 1881 and is listed in the National Register of Historic Places. The two story,wood frame structure is italianate in architectural style and was constructed on a prominent corner lot and has a wraparound front porch with decorative wood features including stair rail termination octagons,balusters and posts. A small service porch addition was constructed at the rear of the original structure (date unknown). The historic structure is unusual in style for an early California house and was likely a purchased set of plans from a mail order house in the mid-west or, possibly a kit. Compliance to CEQA and the Secretary of the Interior's Standards Since the residence is a designated historic structure, California State Law requires that all work performed on the building be reviewed by local governments and must be in compliance with the California Environmental Quality Act(CEQA) before Building Permits may be issued. Federal preservation standards were written in 1976 called the Secretary of the Interior's Standards to help guide repairs of historic properties to ensure that their historic significance and integrity of a property is maintained and preserved. (Please see the Standards in the Appendix.) Local governing agencies are obligated to make the finding that the proposed scope of work is compliant with the "standards". If the proposed treatments are not compliant with the standards, the Owner may be asked to prepare an Environmental Impact Report(EIR)to mitigate the adverse effect that the work might cause. EIR's, however, can be very costly and time consuming. i "Secretary of the Interior's Standards" No. 6 specifically states, "Deteriorated historic features shall be repaired rather than be replaced. Where the severity of deterioration requires replacement of a distinctive feature,the new feature shall match the old in design,color,texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentation such as physical or photographic evidence. The City of Tustin will require that drawings be prepared to define the proposed work illustrating how the existing appearance will be maintained. Planning and Building Review will be required and Building permits must be obtained for this work. As a result of these requirements, the City of Tustin suggested that the Owner to retain a historic preservation architect to conduct a study to assess the condition of the existing residence and to make recommendations based on the Standards for repairs. Chandler Residence Conditions Assessment Page 2 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E B. Purpose The purpose of this study is to assess existing conditions of residence to identify any site or building hazards, areas of deterioration or dry rot, water intrusion, structural issues and MEP systems conditions and to document findings. This information can then be used to develop appropriate repair treatments that comply with the Secretary of the Interior's Standards. C. Methodology Thirtieth Street Architects, Inc. was retained by the Chandlers to assess the condition of the residence and make repair recommendations. John Loomis who is a licensed Architect with 44 years of historic preservation experience, was designated as the Project Manager. His team conducted multiple field reconnaissance visits to the site to field measure the residence to create an accurate set of as-builts, to document existing conditions including areas of deterioration and hazards. We have also asked the Owner to have a topographic survey, geotechnical report and hazardous materials report prepared. To evaluate structural conditions, we conducted a field visit with our Structural Engineer, Shucri Yaghi of Yaghi Engineers. All findings were photo documented and summarized in this report. D. Condition Assessment Findings General The overall impression of this house from the street is that it was well built, was well maintained and in good condition. Generally, this is true, but sometimes looks can be deceiving and good paint jobs can conceal design flaws, poor construction and bad maintenance. Such is the case at the wrap around porch,railings, decorative elements and stairs. Specific Finding Residence 1. Seismic Retrofit The early date of construction clearly preceded understanding of earthquake forces and anchorage of wood frame buildings to concrete foundations. Although well-intentioned seismic repairs have been recently started,they were poorly constructed without adequate nailing and proper anchorage to concrete foundations. In some cases, existing foundations may be under-sized to adequately resist earthquake or other lateral forces. The residence is in need of a complete seismic analysis and seismic retrofit to ensure that it would not be thrown off of its foundation in a major earthquake. Chandler Residence Conditions Assessment Page 3 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 2. Fireplaces The existing brick foundation for the center, triple fireplace structure is having serious structural cracks on all three faces in the basement. This could lead to collapse of the fireplace chimneys during a seismic event. 3. Porches, Exterior Stairs and Railings Porch Floor Slope The slope of the exterior T&G wood floor of the wrap around deck is more than 4% in some cases and constitutes a hazard. Normally, a maximum slope of 1-2% would provide adequate drainage and provide a comfortable floor for walking. Porch Floor Framing The porch floor framing is composed of an unusual cantilever truss system without continuous perimeter footings.Although,the perimeter wood skirt that surrounds the vertical face of the porch structure looks like it is supported on a continuous concrete foundation,it is actually painted rough sawn wood that looks like concrete and is supported on a wood mud sill that literally sits on dirt. The porch floor framing is not sound and subject to substantial deterioration from contact with the soil. As a result of the slope in the porch floor,the top riser at the south stair is trapezoidal in shape and varies in height by almost 2 inches, creating a serious trip and fall hazard and CBC code violation. Many of the porch railings,balusters and octagon piers at the termination of stairs are severely dry rotted with large sections of these elements missing or in very poor condition. Previous repair attempts using clear silicon sealant have unfortunately not arrested the deterioration. Many of the deterred railing elements are well beyond repair with epoxy wood filler and will need to be replaced "in-kind". Underfloor Ventilation The existing ventilation to the crawlspace, basement and under porch floor is inadequate and contributes to underfloor deterioration due to moisture build-up. Also, much of the basement/crawlspace shares ventilation with the porch crawlspace resulting in a kind of "moon dust" condition under the house that is likely unhealthful. 4. Roofs, Gutters and Downspouts and Decorative Elements The existing composition shingle roofing on sloping roof appears to be new and in good condition. Flat roof areas and flashings appear to be old and deteriorating and need to be replaced. Some of the decorative roof ornaments such as wood railings and cast-iron cresting will need to be repaired prior to the replacement of the flat roof. Chandler Residence Conditions Assessment Page 4 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E The existing gutter and downspout system are not original and deteriorating. It needs to be replaced and augmented to have additional downspouts.(We recommend using new copper gutters and downspouts (to match the original materials). The downspouts discharge currently flows into an adjacent foundation base landscaping area that does not properly drain. (See Site Drainage). 5. Wood Windows and Doors This house has many large wood windows that appear to be original. Most are double or single hung, and significantly vary in condition. At the large bay window on the south side of the house, the glass is held in place with duct tape to prevent it from falling out. Based on our initial survey, it appears that eight windows will need to be replace "in kind" while the remaining 40 windows can be repaired. In addition, custom wood sash screens will need to be fabricated for all operable windows. We recommend the use of copper or bronze screening (to match the original materials). The two large front doors also appear to be original and are functional but in need of repairs. 6. Wood Siding and Trim The existing wood siding generally appears to be in fair to good condition but in need of repairs and some minor replacement.The siding is horizontal shiplap redwood siding that is common from this period of construction. 7. Painting The entire exterior of the house including wood siding, door and windows,trim and corner boards are in need of repair, preparation, priming and repainting. Given the age of the house, it is likely that most of the existing exterior and interior painted surfaces have lead paint. This will need to be investigated by a qualified specialist and mitigated or encapsulated according to their recommendations as necessary. The key to a successful paint job for this house is proper preparation of all wood elements. E. Site Work 1. Site Drainage The site is generally flat, and the building perimeter landscaping area and walkway creates a dam that prevents rainwater and downspout discharge to drain away from the foundation. This condition has accelerated the deterioration of the porch skirt and wood stairs as well as making the basement very damp. This condition needs to be corrected in concert with repair/replacement of walkways, new landscaping and porch repairs. Chandler Residence Conditions Assessment Page 5 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 2. Flatwork Many of the concrete walkways and driveways are badly cracked and have uplifted, creating a hazardous walking condition. This is likely due to expansive soil. (We are in the process of obtaining a Geotechnical Report that can help guide repairs in the future). The existing half circle driveway is very elegant but has also broken up and is too narrow for functional use with modern vehicles. (It was probably designed for a horse and a buggy). There is also a large faux brick concrete patio area of the north side of the house that is also deteriorating and needs to be replaced. 3. Landscaping and Irrigation Many of the large trees on-site are overgrown and needs to be pruned and thinned to allow natural light into the site. Much of the foundation landscaping and decorative landscape adjacent to the driveway has been altered or removed. We recommend that a"period landscape plan"be designed by a qualified Landscape Architect using historical photos of the house as a guide, as well as the site master plan. 4. Site Master Plan A site master plan will soon be developed to coordinate various site improvements such as a new garage and ADU while maintaining the historic context of the site. 5. Site Lighting A site lighting plan will be developed to provide adequate on-site lighting for walkways,driveways and patios as well as landscape lighting where needed. 6. Fencing The decorative wrought iron fencing and gate adjacent to the driveway is in need of repair. In addition, the Owner may wish to add some additional fencing for privacy or security reasons. F. Conclusion The conditions described above are also notated on the Conditions Assessment drawings included in the Appendix. The next steps in the process will be to have needed technical reports and studies prepared and then to development appropriate repair treatments that comply with the Secretary of the Interior's Standards. Chandler Residence Conditions Assessment Page 6 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E Appendix • Secretary of the Interior's Standards • Conditions Assessment Drawings • Photo Documentation of Existing Conditions Chandler Residence Conditions Assessment Page 7 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E The Secretary of the Interior's Standards for the Treatment of Historic Structures are as follows: 1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials,features, spaces, and spatial relationships. 2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive historic feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archaeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterized the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale, and proportion, and mass to protect the integrity of the property and its environment. 10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E CHANDLER RESIDENCE CONDITIONS ASSESSMENT Deteriorated Flat Roof Railings Typical Redwood Shi plap Siding [` r� f i 4. r W d _ neven Top Riser - -� - Y�r��'rrr�r — lop , r Slope @ Entry Porch Photo page I of 5 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E CHANDLER RESIDENCE CONDITIONS ASSESSMENT } s ' � -C'�ear Silicon Sealant Repair Existing Baluster Deck Deterioration r - c E Stair Railing Damage Separation @ Railing to Octagon Post Photo page 2 of 5 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E CHANDLER RESIDENCE CONDITIONS ASSESSMENT �l Separation @ Octagon t Octagon Post 1 + Dryrot @ Octagon Post f 3 Dryrot & Stairs Dryrot @ Base Photo page 3 of 5 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E CHANDLER RESIDENCE CONDITIONS ASSESSMENT — 1 Damage at Stairs 1 1 ! r r r Skirt Corner in Dirt r Existing Crawlspace Vent s -r' Photo page 4 of 5 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E CHANDLER RESIDENCE CONDITIONS ASSESSMENT 1_ r Porch Skirt in Dirt _ 1 I r �y. Uneven Walkways r , Cracked Driveway Photo page 5 of 5 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 08LZ6 dIN'dW I-JVD'NLLSfI L Fklk�, �" JAHN.LS .H.'S OSE .LNAILNSSASSH SNOI.LIQNOD i3FIHS NanOD 1 AONAQISAN Ng'iQNVHD SXIIna-Sv kNVNIINn8aa o U r r, y°°i P � co6 o N v N N Q, Qo�y K gF��og F z O 5 c o 0z x q r E O4 y E <>S Am�E ti cK FV Gswm t4 s. W O 3-] °F �GGe a2G C401 zmF c.0 < iti �L ai Ngo � d I+_I n n W O q 'x < L aeStE cn U <9s ? r . . . . Q w -8 0 �� G' < o 022 00 Uc < Ngo U y c7uc7uc7 x U IN 7 a Q,_ o OF-] a z EE y y`5y�3 e - e3„ = FWy E EE H 'L nEm 393n� U-g — SQByl4' E EEEE c oo na—n Y28E �.�rcw9 y5., i 33S3m oaA I u U K c. a c> o c<c a a. ..c U_ G 1-1 Kz c 3 c R- s>' w� IEE SH z _ y u Y F oca _�z ss ss marc y d ` 3 yyi7 n ua.° �5 i` a>i �c7u�G��i ❑ec ,� � ��t< �. oou DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E f y 08LZ6VINNO-11"1VD`NILSf1L G 3 1. ITINIS..81.'S 09E 1 �•;.: .LNAWSSASSV SNOI.LIQNOJ NV"TdB.l.ls t HDNAaISAN 2IH-I4NVH7 J NIHWSS`ISSV SNOIJ.IONOJ U i< W O -o ° Z _ -a z � a w LU y0II v/ Zw y w w.LU LU LLJ J O Z - o w o g F 00000000000 13�2J1S118,1 0 v z CL `3F o3_o a j ONNVd 00 VJ AbMNtltld 3dtlJStlNtl1131 — HlVM3015 uM1bu131 � F X ua I sa..uif WiM�K ^^� � (1NOej13°is �O w ao-s� r sum. ,uut ul w (Y Z w r o� = 4 1„,-4k .111 1 , R __ _ -� ftz It I w X00 09I IIVM 3NIl A1tl3dOHd(IWO(31 A.9[ �9lZl mes)nEm¥ope ID:ce 6Fcescc1-BEgkGo 5cq4A 677E % ) \ _awm±nVD%IJS m \ , $ ata w«¥4r 5IN9WSSASSV SN mO a NgamAN»q \ < '! uDN AM2M MA-I(:I NV HJ a,ws sa sem ma �§ §! - :, ! , \ \\ \\ -4 ) ; " / §§; f \ (} § !! , u - §\§[ , \ / \§ j ( \ | _ . ) \ \z | ! \ 4 � a a/ .Rl � § § : r _ o « F { LLI \ � y .. . { U) 0 \ z A z l / w § \ ; _ \ CO � � E . j X U) § :.§§ . u w _! [ ! ©£ , ; ; . • . U) : § / : § \ § » i CO R - \ § R om § / \\ E ( § § §)(\ \ § \ \ § \ / \ ) !�(\ § �) . e ! ys » x + » \ \ \ \ [ � \ [ r y §j§ • . , \•� , �; � j ? . \ / .w..:. ,..�eew 010 „ ) . \�! : \§ !--- . : . � ; m . { . / DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E OSLZ6 VINN0317VD'NLLSfLL -' '—' JAANIS A.*s 09C Ic � N INAASS�SSV SNOUKINOD NV-Id NOO"Id ISNId DNIISIXH 3 t Q HL)NAQISHN Ng'14NVHD .LNHbNSSHSSV SNOLLIGNOD ; r ;. U woa VIM w 0 ag> °x o W cn Z i; _�` 3 8 am� IIIA'' a> _ jII-�Ij� z Q O � z a z o a 0 0 1. w Q W Z s .I H 1 W 3 Is ol cocn Iv'I.I dl j LL U) Z 0 8 a $ $ o - 0 z E x - - a'W-' Z ° o a S o z iiw O E) (D I z 12 z ma ❑ 3� 0 Z F *! _ w to .o•.z a -=- w = LvN v w wU N F� .. ___ ----. ------_ QIx Q Ewn ❑ mam w ZA L-.0 Q F W 19 w SOOZ NOIlI00V HOaOd DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 09LZ6 V1NNOA1-1V0`NI.LSf1 L r CV 13AMIS 1H.'S09£ o s N .LNADNSSASSV SNOUIQNOO NV-1d NOO"H QNOOHS DMISM Q r AONAQISANNTIQNVHJ IN19WSSRSSVSNO.LIONOD U wao 3pF - F Zo Lu LU F Q 0 z Q c� I a I a 0 0 ---------- 0 z U yy W 1 �YY'V 2 zo l ❑ w � w goo LL w � km F— - O sod. z z CO w L ° -......... U) ° a z o z 00 ------------- m$ g .13 t m Y t DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E 0SLZ6 V1NbOd f1 VJ'N1 LSf1 L �' s >� KIANiS,e,'S09F .LNAWSSASSV SNOUIQNOJ NV-1d AOON ONIiSIXA Q 1 AJN9QISgN MA'74NVHD IMINSSASSVSNOILIONOJ U s o � o o Q @F m w Q o 3 Z LU z LU n � � o J CJ z 0 U z c31 O y a -- —_ _ I ko I •}r'j � 1t rj! 'rt I U) D Z LLI a a o - w U) g Q u Z o a w 6 I 0 0 0 D_ _ p _..... I �— Phz F w > YN 0 0g Q g a 9 Z \! _ r, 7, E -, m& � e xl c i ry s t a 90OZ N011100V HONOd m � DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E ' OSLZ6 V1NMOd1-1VO`N1.LSA L L41-k, 1517� .LHHN.LS X101,'S OS£LN9WSSASSV SNOT LIQNOD SNOILVAH IH 210121HLXH ONILSIXH r HDN9QIS�N NATANVHD .1.NHWSSHSSV SNOUICI 6 U U) W H O z z - LLI a O U F Q O ,LLJ 0 �o a a O O U' a ¢ F O Z k' g z Ca po - S 8 p Z t F— E° ° _ Q Q U U wl 0 Z F Q w - S z w � -a o - o I Z W I O O I I I Q CY W x i W r i J = l w z t I Z I I H O Q w • I � 't W -i W Ii 2 �{ I I� I OA!11- P. '. t 3 '}.3" ,11 Q [ft` r� S u ]IT �a ]I � I o !I ---- I IG + I l 1 DocuSign Envelope ID:C716FC6D-CC31-4466-9681-DA5CF84A677E i 1 08LZ6 VINNOAI-IV0'NI.LS(l L $ JAAM.LS 181 'S OSE 8 i P I.`- M .LNAWSS�ISSV SNOI.LICINOD SNOIIVM-]A NOINHIX3 DNLLSIxe ADNHCIISAN MA-ICINVHD LNAWSSRSSV SNOI.LIQNOJ k 1� (n W _ O Z o w � 5 � Z + w o LJ i V 2 a ° Q � F z w o - o o U) o g o m - o w a o z U) a 3 o Z o - Zr O o -LLI z 0 2 K- Lu o = a _ _ o z W L), o000000000o O W ' � o 1 z 11]1 w O W A•.B A•,El w m e ea � ' C7.N U-1z LLJ U) g-- o UJ it7 W X LL T- 1 24 ry L I I I 1 � i