HomeMy WebLinkAbout07 ANNUAL REPORT AND 2021 WORK PROGRAM HISTORIC AND CULTURAL RESOURCES ADVISORDocuSign Envelope ID: E73BD1 31 -133E7-41 C2-8131 0-02CC97182709
MEETING DATE
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FROM
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Agenda Item u _
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AGENDA REPORT CityManager
ana g er �A
Cit Man
N/A
Finance Director
MARCH 2, 2021
MATTHEW S. WEST, CITY MANAGER
JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ANNUAL REPORT AND 2021 WORK PROGRAM - PLANNING
COMMISSION ACTING AS HISTORIC AND CULTURAL RESOURCES
ADVISOR TO THE CITY COUNCIL
SUMMARY:
This report provides the City Council with the required Annual Report summarizing the
accomplishments and actions taken by the Planning Commission acting as Historic and
Cultural Resources Advisor during the 2020 calendar year and reviews the HCRA's
adopted 2021 Work Program.
RECOMMENDATION:
That the City Council receive and file the report.
FISCAL IMPACT:
All activities completed during the 2020 calendar year received City Council approval and
budget appropriation.
CORRELATION TO THE STRATEGIC PLAN:
Cultural and historic resources correlate to Goal A of the City of Tustin's Strategic Plan
pertaining to enhancing the vibrancy and quality of life in all neighborhoods and areas of
the community.
BACKGROUND:
Tustin City Code (TCC) Section 9252(c) states that "[t]he Planning Commission shall
advise the City Council on all matters relating to historical and cultural resources,
including without limitation, matters affecting the establishment of a Cultural Resources
District, designation of Cultural Resources, and as a liaison between residents, property
owners, and the City Council within a Cultural Resources District. In performing its historic
and cultural resources duties, the Planning Commission shall not exercise any
independent final decision-making authority or expend City funds. Actions of the
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City Council Report
March 2, 2021
Historic and Cultural Resources Advisor Program
Page 2
Commission shall not be considered actions of the City and shall not be represented as
such."
On November 6, 2018, the City Council adopted Resolution No. 18-78 affirming the
Planning Commission as the HCRA to the City Council and establishing a program
defining the HCRA roles, responsibilities and requiring an annual work program
(Attachment A).
2020 Work Program - Accomplishments
On February 25, 2020, the Planning Commission approved Resolution No. 4399 adopting
the 2020 HCRA Work Program (Attachment B). The following is a summary of the 2020
Work Program, along with the HCRA accomplishments during the 2020 calendar year:
• Commence with an Update of a City Survey of Historical Resources
The City Council approved funding for a comprehensive Historical Resources
Survey Update which commenced during the 2019 Work Program period. On
November 5, 2019, City staff entered into a contract with Architectural Resources
Group (ARG) to conduct: (1) a reconnaissance survey, (2) an intensive survey,
and (3) develop a Historic Context statement. The reconnaissance survey is a
street -by -street survey to identify any new potentially historic resources. The
intensive survey evaluates the integrity of the previously identified properties. The
Historic Context Statement describes the various periods of development of the
City.
2020 Accomplishments:
■ Conducted reconnaissance survey and preliminary property list and
map.
■ Conducted intensive survey.
■ Initiated preliminary research on properties identified in the intensive
survey.
■ Preparation of a draft Historic Context Statement which is currently
under staff review.
■ Presentation to the HCRA on October 13, 2020 by ARG which
summarized the survey updates listed above.
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Historic and Cultural Resources Advisor Program
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• One (1) Commendation Nomination
During the 2020 program year, the HCRA continued to nominate properties for
commendations.
2020 Accomplishments:
The HCRA nominated one (1) commendation to a property in the Old Town
area:
■ 330 EI Camino Real (Morning Lavender).
■ As a result of the Covid-19 pandemic starting in March, 2020, and the
nature of commendations, including in-person accolades to the
recipient, the HCRA and City staff did not pursue additional
commendation nominations in the 2020 calendar year.
• Two (2) Historic Register Plaque Program Nominations
Historic plaques are intended to recognize Tustin's historic properties, educate the
public, increase public interest in historic properties, and to promote community
pride. To date, a total of sixty-three (63) properties have received Tustin Historic
Register plaques.
2020 Accomplishments
During the 2020 Work Program Period, the HCRA approved the following
two (2) nominations to the City's Historic Register Plaque Program:
■ 165 South A Street (Spicer House - circa 1915) - Approved by the
HCRA on August 25, 2020. Mr. and Mrs. Spicer were long-time
residents of Tustin, and the family resided in the home for thirty-four
(34) years.
■ 124 North B Street (Kidd House -1940) - Approved by the HCRA on
November 10, 2020. This home was determined to be eligible for listing
in the California Register of Historical Resources due to its association
with Jerome Kidd, who served as Mayor, Council Member, and Police
and Fire Commissioner for the City of Tustin.
• Initiate a Second Pioneer bust
The first Pioneer bust of Columbus Tustin was installed on September 24, 2017,
at the corner of Main Street and EI Camino Real. The Work Program proposed to
seek funding for a second bust either by private donation or City Council approval.
Potential cost of the bust may be approximately $25,000.00 - $35,000.00.
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In that no private donor came forward to initiate a second (2nd) Pioneer bust, a
second (2nd) Pioneer bust was not initiated.
• Training
Pursuant to the Certified Local Government (CLG) program, each Commissioner
is required to receive a minimum of the equivalent of one (1), six (6) -hour day of
training from an approved provider list or by approval of the Community
Development Director. This training is provided in addition to mandatory
introductory training for new Commissioners and a refresher course for more
seasoned Commissioners provided by City staff. In addition, training materials and
program literature are periodically updated to promote the City's program efforts.
2020 Accomplishments:
■ All of the Commissioners who served on the HCRA achieved and exceeded
the minimum goal of six (6) training hours which included a staff
presentation of the Cultural Resources District and City's historic resource
programs (Historic Preservation Workshop 2020).
■ Old Town Brochure/Handout was updated, and a draft is attached.
(Attachment C).
■ Mills Act Brochure and Guidelines was updated, and a draft is attached
(Attachment D).
• Other matters that the City Council may refer to HCRA
2020 Accomplishments
■ In addition to the above listed accomplishments, on February 25, 2020
the HCRA reviewed the 2019-2020 CLG Annual Report and
recommended approval to the City Council. The report was
subsequently transmitted by staff to the State Office of Historic
Preservation.
• Annual Report
The HCRA is required to transmit an Annual Report to the City Council. The report
is required to include a statement of goals and objectives, accomplishments and
efforts to further the cultural, historical, and educational well-being of the
community.
This report provides the City Council an overview of the HRCA's accomplishments
during the 2020 program year.
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City Council Report
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Historic and Cultural Resources Advisor Program
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Adopted 2021 Work Program
On February 9, 2021, the Planning Commission, acting as Historic and Cultural Resources
Advisor, adopted Resolution No. 4416 (Attachment E) and the following work program for
the 2021 program year:
o Complete the update of the City Survey of Historic Resources.
o One (1) Commendation nomination.
o Two (2) Historic Plaque program nominations.
o Initiate a second (2nd) Pioneer bust.
o Each Commissioner shall receive a minimum of the equivalent of one (1),
six (6) -hour day of training, one (1) mandatory introductory training for new
Commissioners and one (1) refresher course for more seasoned
Commissioners.
o Other matters as may be referred to the HCRA by City Council or the
Community Development Director.
Upon completion of the program year, the accomplishments and actions taken by the
Planning Commission acting as Historic and Cultural Resources Advisor will be reported to
the City Council.
[D0CUSi,n1d by:
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Elaine Dove, AICP, RLA
Senior Planner
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Scott Reekstin
Principal Planner
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Justina L. Willkom
Community Development Director
Attachments A. City Council Resolution No. 18-78
B. Planning Commission Resolution No. 4399
C. Draft Old Town Brochure/Handout
D. Draft Mills Act Brochure and Guidelines
E. Planning Commission Resolution No. 4416
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ATTACHMENT A
CITY COUNCIL RESOLUTION NO. 18-78
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RESOLUTION NO. 18-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AFFIRMING THE PLANNING COMMISSION ACTING AS
HISTORIC AND CULTURAL RESOURCES ADVISOR PURSUANT TO TUSTIN
CITY CODE 9252c AND ESTABLISHING A PROGRAM DEFINING THE
COMMISSION ROLES, RESPONSIBILITIES AND ANNUAL WORK PROGRAM
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council hereby finds, determines and declares as follows:
A. That on June 20, 1988, the City Council adopted Ordinance No. 1001
establishing the City's Cultural Resources Overlay District and the City's
Cultural Resources Advisory Committee (hereinafter referred to as the
Historic Resources Committee as adopted by City Council Resolution 3991).
The Historic Resources Committee was formed with five (5) members
charged with acting solely in an advisory capacity to the City Council in
matters affecting the establishment of the Cultural Resources District,
designation of Cultural Resources, and liaison between residents, property
owners and the City Council.
B. That on July 31, 1991, the City of Tustin became a California Certified Local
Government (CLG) pursuant to the National Historic Preservation Act of
1996, as amended in 1980.
C. That on May 1, 2007, City Council adopted Ordinance 1332, which
consolidated the responsibilities of the Historic Resources Committee to the
Planning Commission in an effort to minimize impacts on City resources.
D. That on April 3, 2018, the City Council received public input from the Tustin
Preservation Conservancy requesting the Historic Resources Committee be
reinstated as a separate committee.
E. That on July 17, 2018, and October 8, 2018, City Council affirmed the
Planning Commission as the advisory body on historic and cultural matters
and directed staff to define the roles, responsibilities and work program for the
Planning Commission.
F. That on November 6, 2018, the City Council considered the Planning
Commission as Historic and Cultural Resources Advisor Program attached
hereto as Exhibit "A".
Resolution 18-78
Page 1 of 2
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II. The City Council hereby affirms the City of Tustin's Planning Commission shall
continue to act as the advisory body on historic and cultural matters and adopts
the Program attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting on the 6th day %J November 2018.
ATTEST:
ERI A N. YA DA,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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 five; that the above and foregoing Resolution No. 18-78
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 6h day of November, 2018, by the following vote:
COUNCILMEMBER AYES: Murray, Gomez, Bernstein, Puckett, Clark (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
L, d& /-, —
ERICA N. YAMJDA,
City Clerk
Exhibit A: Planning Commission Acting as Historic Resources Committee Program
Resolution 18-78
Page 2 of 2
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EXHIBIT "A
PLANNING COMMISSION AS HISTORIC AND CULTURAL RESOURCES ADVISOR
PURPOSE
Tustin has played a vital role in the history of Orange County and has retained a rich and
unique cultural \heritage. It is hereby declared as a matter of public policy that the
recognition, preservation, protection and use of culturally significant structures, natural
features, sites end neighborhoods within the City of Tustin is required in the interest of
health, safety, prosperity, social and cultural enrichment and general welfare of City
residents. The City Council designated the Planning Commission as the advisory body
to they City Council on all matters relating to historic and cultural resources, including
without limitation:
• Matters affecting the establishment of a Cultural Resources District
• Designation of Cultural Resources, and
• As a liaison between residents, property owners, and the City Council within a
Cultural Resources District.
RESPONSIBILITIES/TYPICAL DUTIES
In its capacity as an advisory body on matters relating to historic and cultural resources,
the Commission shall:
• Protect the historic integrity of the City of Tustin for the citizens of the community,
visitors, investors, and property owners.
• Promote the economic, cultural, historical, and educational well-being of the
community.
• Promote pride in the historic accomplishments within the City of Tustin.
• Provide mechanism(s) for identifying and preserving the historic and architectural
resources of the City of Tustin that represent elements of the City's cultural, social,
economic, political, and architectural history.
• Educate the citizens of Tustin about the benefits of preservation of historic
structures, areas, sites, neighborhoods, and other historic resources correcting
existing and preventing further urban blight.
• Establish a preservation plan which includes all historic districts, structures, areas,
sites, and other historic resources which are listed or are eligible for listing in the
National, State or City Register of Historic Places.
• Engage in other historical or cultural activities as requested by the City Council.
Resolution 18-78 Exhibit
Page 1 of 3
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QUALIFICATIONS AND REQUIRED TRAINING
The Commission shall receive:
• New Commissioners receive one (1) mandatory introductory training related to
Tustin area historical resources including Old Town and other resources located
throughout the City.
• One (1) annual refresher course for more seasoned Commissioners.
• In addition to the above, a minimum of the equivalent of one (1), six (6) -hour day
of training per year.
Educational events may include trainings conducted by City Staff and/or collaborations
with groups similar to the California Preservation Foundation, the Tustin Historical Society
and Tustin Preservation Conservancy. Training programs may include live workshops,
conferences, live and pre-recorded webinars, and E -learning modules. The following list
are approved educational training providers:
• National Park Service (https://www.nps.gov/tps/education/online-training.htm)
• State of California, Office of Historic Preservation
(http://ohp.parks.ca.gov/?page id=1054)
In addition to upcoming training events, the OHP website also contains links to
previous training modules regarding a host of topics including historical resources,
California Environmental Quality Act (CEQA), historical surveys, economic
incentives, ordinances, etc. (htp://ohp.parks.ca.gov/?page id=23125).
• California Preservation Foundation (https://californiapreservation.org)
• National Alliance for Preservation Commissions
(https://napcommissions.org/camp/)
• Urban Land Institute (ULI) (https://americas.uli.org)
• American Planners Association (With membership in APA, Commissioners would
receive bimonthly Commissioner magazine and full access to the APA website and
Knowledge Center) ( https://www.planning.org/loin/commissioners/)
• National Trust for Historic Preservation (https://savingplaces.org/)
• National Preservation Institute (https://www.npi.org/)
• Tustin Historical Society (http://tustinhistory.com/index.html)
• Tustin Preservation Conservancy(http://www.tustinconservancy.orq/)
• Other, by approval of the Director of Community Development
Resolution 18-78 Exhibit
Page 2 of 3
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WORK PROGRAM
Annually, the Commission shall establish a Work
establish goals and objectives for the program year
consistent with its purpose and responsibilities.
ANNUAL REPORT
Program. The Work Program shall
. The Commission shall solicit input
The Commission shall transmit an Annual Report to the City Council. Subject to City
Council concurrence, the Annual Report shall include a statement of goals, objectives,
accomplishments and efforts to further the cultural, historical, and educational well-being
of the community.
Resolution 18-78 Exhibit
Page 3 of 3
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ATTACHMENT B
PLANNING COMMISSION RESOLUTION 4399
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I US 1, Eel OR■
I The Pilainniing Commission, acting as the Historical and Cultural Resources Advisor
(HCRA), of the City of Tustin, finds and determines as, foHo
A. That on November 6,, 2018, the City Council adopted Resolution 18-78
affirming the Planning Commission as the HCRA to the City Council
pursuant to Tustin City Code, 9252�c and establishing a program defining the
Commission Roles,, Responsibilities and annua,l Work Program.
BThat on March 26, 2019, the Planning Commission established an annual
Work, Program under the HCRA Program to set forth the goals and
objectives, for the program year 2019, and continuing thereafter olin an
annual basis.
CThat the Planning Commission desires to establish the goals and objectives
for the 2020 Work Program.
D. That the Tustin Planning Commission, held a public meeting on February
25, 2020, to consider the 2020 Work Program.
11, That the Tustin Planning Commission hereby adopts the 2020 WoProgra
attached her'eto as Exhibiit A. i
Ill. That the Planini�ng Commission authorizes the Community Development Director to
update minor amendments and/or expand or modify the 2020 Work Program from
time, to time as deemed necessary.
PASSED AND ADOPTED! at a regular meeting of the Tustin Planning Commission he
on the 25th daof Februarv, 2020. 1
�r-EV7ZABETH A. BIN AC
Planning Commission Secretary
Z=
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STATE OF CALWORNIA
COUNTY OF ORANGE SS
CITY OF TUSTIN
1, ELIZABETH A. BINSACK, the undersigned, hereby cert�ify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4399 was duly
passed and!adopted at a regular meeting of the Tustin Planning Comimiis,sion, held on the
25 th day of February, 20,20.
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EXHIBIT A TO RESOLUTION NO. 4399
PLANNING COMMISSION AS THE HISTORIC AND CULTURAL RESOURCES ADVISOR
2020 WORK PROGRAM
• Continue with update of the City Survey of Historic Resources
• Two commendation nominations
• Two (2) Historical Plaque program
• Update and revise Old Town Brochure(s)/Handouts(s)
• Update the Mills Act Handout and Web Page
• Each Commissioner shall receive a minimum of the equivalent of one (1) six (6)
hour day of training, one (1) refresher course for more seasoned Commissioners
• Initiate a second Pioneer bust.
• Other matters as may be referred to the Planning Commission by the City
Council or Director of Community Development
1
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ATTACHMENT C
DRAFT OLD TOWN BROCHURE/HANDOUT
ID: E73BD131-B3E7-41C2-8B10-02CC97182709
HISTORIC RESOURCES SURVEY
The City is undergoing a Historic Resources Survey
Update to be completed in 2022. For more
information and to participate in the survey procei
please, see httl2s://www.tustinca.org/1038/Tustin-
H istoric- Resou rces-Survey-Update.
The City conducted its first Historic Resources
Survey in 1990 in response to community concerns
about the preservation of our historic resources.
The survey was updated in 2003 AND includes
historic buildings throughout the City and ranks
them as to their historical significance.
Structures listed in the Survey may be eligible for
the Mills Act Program and/or the Tustin historic
register plaque program.
RESIDENTIAL AND COMMERCIAL
DESIGN GUIDELINES
If you are considering any changes to the exterior of
your historic building or are contemplating adding a
new structure to your property, you should obtain a
copy of the Residential Design Guidelines from the
City. These guidelines provide basic design
principles for achieving quality development while
preserving the character of the historic district.
(httl2s://www.tustinca.org/1039/Resources)
The U.S. Department of the Interior Secretary of
Interiors Standards also apply to modifications to
historic structures.
(h ttl2s://www.n ls.aoy/t/tps/sta n dards.htm)
CERTIFIED LOCAL GOVERNMENT and
CULTURAL RESOURCES DISTRICT
The City of Tustin is a Certified Local Government
under the State Office of Historic Preservation. As
such, the City is committed to provide for:
"The protection, enhancement; perpetuation, or use
of places, sites, buildings, structures, works of art,
and other objects having a special character or
special historical or aesthetic interest or value."
The Cultural Resources Overlay District was created
by the Tustin City Council in 1988 at the urging of
Old Town residents. The Planning Commission
serves as an advisory committee to City staff and the
City Council on issues that concern the District.
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TUSTIN'S HERITAGE
Tat ,is
AM
MUSEUM
�1
395 EI Camino Real, Tustin CA.
Columbus Tustin, a Petaluma carriage maker, founded
the city of Tustin and with his business partner
purchased 1,300 acres of the Rancho Santiago de
Santa Ana in 1868. Between 1868 and 1872,
Columbus established "Tustin City" on his share of the
parcel.
As an agricultural community, Tustin was home to
apricot, walnut and Valencia orange groves. In 1927,
the population reached 900 and the City was
incorporated. The 1950s brought earnest growth in
Tustin. As of 2020, the population surpassed 80,000
residents.
Although small remnants of the historic groves and
farms remain, the landscape now consists of homes,
businesses, schools, parks, and places of worship. Avisit
to Old Town's Main Street and EI Camino Real is like
stepping back in time.
For more on Tustin's history, visit:
httl2s://www.tustinca.or(i/833/Tustin-HistoU
httl2://tustinhistou.com
TUSTIN HISTORIC REGISTER
PLAQUE PROGRAM
Properties listed in the City's Historic Resources
Surveys are eligible for nomination to the City's
Historic Register Plaque Program. The voluntary
program recognizes Tustin's historic properties,
educates the public, increases public interest in
historic properties and promotes community pride
with a bronze plaque displaying the date of
construction and name of the property based on
specific criteria. The Planning Commission, acting as
the Historic and Cultural Resources Advisor to the
City Council, determines the appropriate name and
date of construction to be displayed. Residential
and commercial properties may be nominated.
The Planning Commission Nomination forms are
available online at:
https://www.tustinca.o[g/DocumentCenterNiew/634
Tusti n -H istoric-Reg ister- Plaque- Nomi nation-Form-
and- Nam incl-Criteria-PDF?bidId =
MILLS ACT
The Mills Act is state legislation that reduces property
taxes on eligible historic properties if the property
owner agrees to maintain and preserve the property for
a minimum of ten (10) years in accordance with the
terms of the Mills Act contract.
This program is available to the owners of residential
properties that are rated "A," "B," or "C" in the 1990
Tustin Historic Resources Survey or an equivalent rating
in the 2003 Historic Resources Survey.
Please contact the Planning Division at (714) 573-3140 to
determine if your property qualifies for this program.
See also,
httl2s://www.tustinca.or(i/DocumentCenter/View/l 890/
M ills -Act- Program- Flyer -P DF?bidId=
A Certificate of Appropriateness is required for
exterior improvements to a structure located within
the Cultural Resources District that require a building
permit. This process is straightforward and takes
place concurrently with design review or plan check.
The certificate process ensures that new buildings
and alterations to exterior features respect the
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ATTACHMENT D
DRAFT MILLS ACT BROCHURE AND GUIDELINES
Befo
appli
by B
purp
and
to be completed in the first ten (10) years of the
Agreement, and to identify items that need to be
remedied before the application is accepted.
WHAT IS THE REVIEW PROCESS? t
re submitting an application to the City, a pre
cation inspection of the exterior of the property
uilding and Planning staff is required. The J
ose is to inspect the condition of the property __ - ---
discuss any items for restoration that may need
Once your pre -application inspection and
corrections are completed and approved by staff,
you may submit your application for the Mills Act
contract. There is no cap on the number of Mills Act
Contracts accepted per year. Complete applications
must be received no later than October 1.
Please see the complete guide for the Mills Act
program on the City website here:
CHECKLIST
Pre -application inspection
Mills Act Program Application
Mills Act Program Ten -Year Rehabilitation Plan
Copy of Grant Deed with legal description of
property
IMPORTANT: All parties listed on the grant deed
will need to sign the contract.
Copy of the current property tax statement
Cost estimate for each improvement listed in the
ten-year improvement plan
Estimated rental value of the home completed by a
licensed realtor
Any available historic photographs and
information.
Exterior Photographs of Property (Upon contract
approval).
Mills Act Program
WHAT IS THE MILLS ACT PROGRAM?
In June of 1997, the Tustin City Council authorized the
implementation of the 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.
The Mills Act Program in Tustin is for property owners of
qualified historic residential buildings per California
Government Code, Article 12, Sections 50280-50290 and
California Revenue and Taxation Code, Article 1.9,
Sections 439-439.4. The Mills Act is an economic
incentive program for owners of historic buildings that
are listed in the National Register of Historic Places or
are on a state, county, or city official register.
Under the program, property owners receive a reduction
in property taxes in exchange for actively participating
in restoring, rehabilitating, repairing and preserving
their historic properties. Participants enter into a
perpetual ten (10) year contract with the City that is
automatically renewed each year. The contract may be
transferred to new owners when the property is sold.
City officials may periodically inspect properties to
ensure proper maintenance.
renames may oe iruposea Tor oreacn oT concracc or
failure to maintain the historic property. A cancellation
fee of twelve and one-half percent (12-1/2%) of the
WHERE DO I START?
Pursuant to City 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. Commercial and industrial properties
are not eligible for the Mills Act Program.
The Historic Resources Survey is available for
availability verification at:
1990:
https://www.tustinca.org/DocumentCenter/View/2000/C
itv-of-Tustin- H istorical-Su rvey-1990-PDF?bidId=
current fair market value of the property, as determined
by the county assessor, in the event of breach of 2003:
contract. The county assessor's office re -assesses https://www.tustinca.org/DocumentCenter/View/613/20
property taxes based on a capitalization of income 03 -Tustin -Historical -Resources -Survey ---Building-
formula than on market value. Mills Act participants may Information -PDF?bidId
realize a property tax savings of approximately thirty
(30) to sixty (60) percent each year depending on
property value, net operating income, and other
I
ibles.
ELIGIBILITY
Staff may request modifications to the plan to show
compliance with the Secretary of the Interior's
Standards for Rehabilitation of Historic Properties.
Pictures must be submitted with the application to
document the current condition of the property.
Afterthe contract is recorded, you will also be required
to submit annual reports on completed project (s),
along with copies of receipts and building permits
where applicable. City staff may conduct property
inspections at any time to ensure that proposed work
has been completed per contract agreement and
meets all applicable City standards. Significant
penalties may be imposed for breach of contract or
failure to maintain the historic property.
To determine if your property meets the program
criteria please contact Planning staff at (714) 573-3136.
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CITY OF TUSTIN
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MILLS ACT PROGRAM
GUIDELINES &APPLICATION
Community Development Department
300 Centennial Way
Tustin, CA 92780
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What is the Mills Act Program?
Adopted by the California Legislature in 1972, the Mills Act grants local governments
the authority to grant property tax relief to owners of qualified historic properties.
Under the terms of the Mills Act Contract, the property owner agrees to preserve,
maintain, and rehabilitate the historic property. It is intended to offset the costs of
rehabilitation and maintenance of your historic property in accordance with the
Secretary of Interiors Standards for the Treatment of Historic Properties (Secretary's
Standards) and with local historic preservation standards.
The Mills Act Program is a voluntary historic preservation program, enabled by
California Government Code, Article 12, Sections 50280-50290. 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
by resolution.
Under a Mills Act Contract, the historic property is reassessed by the Orange County
Assessor's Office to determine the "Historical Property Value". The Historical
Property Value is based on the property's income-producing potential (generally from
rental income) and is used to determine property taxes under the contract. The
amount of property tax reduction varies based on each property's income-producing
potential and current assessed value.
Mills Act Eligibility
Pursuant to City 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. Commercial and industrial properties are not eligible
for the Mills Act Program. You can view the historic resources surveys to check your
availability here:
• 1990: https://www.tustinca.org/DocumentCenter/View/2000/City-of-Tustin-Historical-
Survey-1990-PDF?bidl d=
2003: https://www.tustinca.org/DocumentCenter/View/613/2003-Tustin-Historical-
Resources-Survey---Building-I nformation-PDF?bidld=
What You Need to Know About Your Responsibility Under a Mills
Act Contract
Mills Act contracts are intended for property owners who are planning to maintain, preserve
and/or rehabilitate their historic properties. Property tax savings under a Mills Act Contract
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are intended to offset the costs of preserving and rehabilitating historic residential structures
in Tustin. It is not intended to be a subsidy for remodeling or a tool to assist with mortgage
payments.
Under a Mills Act Contract, you are not required to return a building to its appearance during
a specific historic period; however, you are required to complete work that supports the long-
term preservation of the building. Examples of appropriate work items under a Mills Act
Contract include:
• Seismic Retrofits • Re -Roofing
• Plumbing, electrical or • Window repair and
mechanical upgrades maintenance
• Siding repair
All work must be related to the exterior or building systems. Interior improvements, such as
kitchen or bathroom renovations, are not eligible work items under the Mills Act Program.
The Secretary's Standards are federal
guidelines for historic preservation, created
and interpreted by the National Park Service
(NPS).
More information is available on the NPS
website:
http://www.nps.gov/tps/standards.htm.
The Cultural Resources District Residential
Design Guidelines are available on the City
of Tustin website:
httr)s://www.tustinca.ora/DocumentCenter/V
iew/606/Cultural- Resources- District-
Residential-Design-Guidelines-PDF?bidld=
All work on a property with a Mills Act
Contract must be in conformance with the
Secretary's Standards and the City of Tustin
Cultural Resources District Residential
Design Guidelines.
It is important for applicants to become
familiar with the applicable historic
preservation requirements when deciding
whether to apply for a Mills Act Contract.
Property owners are required to submit a
description of work, timeline, and cost
estimates for rehabilitation of the property
during the first ten year term of the Contract.
The proposed work is identified in the
Rehabilitation/ Maintenance Plan, which is
binding on all future property owners. The
pre -application inspection will also help you determine what needs to be included in your
Maintenance and Rehabilitation Plan. These items could include restoring windows to their
original condition, cracked driveway or walkway repair or replacement, landscape
improvements and/or maintenance, front fencing maintenance or removal, replacement
doors or windows, etc. Only items on the exterior of the property or systems of the building
(such as plumbing or electrical work) may be included in the Maintenance Plan.
How Your Property Taxes Will Change Under The Mills Act
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The State of California State Board of Equalization provides the Guidelines for the
Assessment of Enforceably Restricted Historical Properties. Mills Act properties are re-
assessed annually by the Orange County Office of the Assessor through a methodology
determined by these Guidelines.
For owner -occupied property, property, income is based on potential rental value. The
property's income less expenses is then divided by a capitalization rate to establish the
Historical Property Value. For more information on the methodology, please visit the Office
of Historic Preservation website: http://ohp.parks.ca.gov/?page id=21412
The County Assessor will base property taxes on the lowest of these three (3) values.
Depending on when the property was purchased and the assessed value, this generally
results in a sizable property tax reduction. Entering into a Mills Act Contract does not
guarantee a reduction in property taxes. You are most likely to benefit from a Mills Act
contract if you have purchased the property within the past ten (10) years.
For additional guidance on the Mills Act historical property valuation from the Orange County
Assessor, see: https://www.citvoforange.org/DocumentCenter/View/8666/Orange-County-Assessor-
M i l l s-Act-2019?bid 1 d=
The Contract Terms
Mills Act Contracts run for a ten (10) year term and are automatically renewed each year on
the anniversary of the Contract's approval by City Council. In effect, the contract is always
ten (10) years away from termination, unless the property owner or the City submits a notice
of non -renewal. The property owner must provide written notice of non -renewal to the City
at least 90 days prior to the renewal date, or another year is automatically added to the
Contract. Following submittal of a notice of non -renewal, the contract will be terminated at
the end of the current ten (10) year term.
If the City finds that the property owner has not complied with the
Rehabilitation/Maintenance Plan within the proposed timeline and is in breach of the
contract terms, the City may initiate proceedings to cancel the Contract. The property owner
may also petition the City for immediate cancellation. A penalty of 12 1/ percent of the
property's assessed fair market value will be imposed for a cancelled contract. If you are
unable to complete items on your Mills Act scope of work within the proposed timeline due
to unforeseen circumstances, please contact City staff as soon as possible to discuss an
amendment to the Rehabilitation/Maintenance Plan. The Mills Act Contract is a legally
binding document recorded against the property. Property owners are encouraged to seek
independent counsel on the nature, extent, and duration of their rights and obligations under
the contract terms.
The Approval Process
Pre -Application Inspection
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Prior to submitting your application, a pre -application inspection of the exterior of the
property is required. The inspection is conducted by Planning and Building staff. The
purpose of the inspection is to inspect the condition of the property and discuss any
potential items for restoration that may need to be completed in the first ten (10) years
of the Agreement and to identify items that need to be remedied, pre -application,
such as:
❖ Clean up of unkempt or overgrown landscaping;
❖ Removal of awnings that are not historic features of the residence or
obscure window sizes or shapes;
❖ Removal of security screen doors from the front door;
❖ Any electrical, plumbing or other exterior item that is not in compliance with
the Tustin Building Code;
❖ Modifications to the structure that were not completed without the benefit
of a building permit -and
❖ Conditions that make the property look run down, including plant material
and/or fencing that obscures the property or is in poor condition.
If corrections are identified during the inspection, you will receive written notification
of such and the corrections must be completed before your application submittal will
be accepted. The pre -approval inspection is required under State law enabling the
Mills Act Program and will include only the exterior of the property. Inspections will
be scheduled starting annually in August. The property owner must be present for
the inspection. The inspection provides you and staff time to discuss any corrections
that need to be made and the process for moving forward with your application.
Application Submittal
Once your pre -application inspection and corrections are completed and approved by staff,
you may submit your application for the Mills Act contract. There is no cap on the number
of Mills Act Contracts accepted per year. Complete applications must be received no later
than October 1. Applications are accepted by appointment only. Please contact Planning
Division staff prior to submitting your application to set up an appointment. Schedule an
appointment here: [insert link to email]. Following receipt of the application and required
fee, City staff will review the submitted materials and determine if the application is complete.
To be scheduled for a hearing, your application must be complete and include all
attachments and required documents.
Mills Act Program Application Fees: $500.00
Fees are subject to change by Resolution of the City Council.
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Maintenance and Rehabilitation Plan
In addition to the items identified in your pre -application inspection, a Ten (10) year
Maintenance and Rehabilitation Plan is required with your application. Generally, the
Maintenance and Rehabilitation Plan will include short and long range plans to maintain the
property including painting, driveway repair, etc.
All Mills Act properties are required to be maintained in a superior manner. All current
building and zoning codes will be enforced. The following are examples of conditions that
are not permissible:
• Dilapidated buildings or features such as fences, roofs, doors, walls and windows.
• Abandoned or discarded objects, equipment or materials such as automobiles,
automobile parts, furniture, appliances, containers, lumber or similar items stored
outdoors but within property lines.
• Stagnant water or open excavations.
• Any device, decoration or structure, which is unsightly by reason of height, condition
or location.
• Peeling exterior paint.
• Unremoved/uncovered graffiti.
• Overgrown or dead landscaping, exposed bald areas within yards or grounds, and
broken walkways or driveways that could cause injury.
• Yards or porches cluttered with items that detract from the appearance of the
property.
• Trash containers that are not stored out of view of the public right-of-way.
City Council Review
After your application is determined complete, staff will prepare a report making a
recommendation to the City Council regarding approval of the Mills Act Contract. Mills Act
Contracts are presented to City Council as a group at a regularly scheduled public hearing,
typically in December. The City Council's decision on the Mills Act application is final.
Contract Execution and Recordation
After City Council approval of the Contract, the property owner must execute the Historic
Property Preservation Agreement. The property owner must sign and have notarized the
Agreement with the attached Notary Acknowledgement and return the original document to
the Community Development Department. The Community Development Director, and City
Attorney will sign the Mills Act Contract. The contract must be recorded with the Orange
County Recorder on or before December 31 to go into effect for the following tax year.
Recording the contract can be accomplished through the City Clerk's Office at City Hall or
at the Orange County Recorder's Office in Santa Ana. The property owner is required to
pay all fees related to recording.
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Congratulations, You Have a Mills Act Contract! What Now?
Annual Progress Report
Under the terms of the Contract, the City requires property owners to submit an annual
progress report describing the work completed on the property during the previous year.
Progress reports are included in the application and available on the City's website and
should be mailed to the following address:
City of Tustin
Community Development Department
Planning Division
300 Centennial Way
Tustin, CA 92780
Five Year Inspections
Under the State legislation enabling Mills Act Contracts, the City is required to inspect Mills
Act properties once every five (5) years. Inspections will include the exterior of the property
and will include maintenance conditions and Ten -Year Plan items will be evaluated. All
inspections will be conducted from the sidewalk and evaluate everything visible from the
public right-of-way.
Following the inspection, Mills Act property owners will receive a letter by mail, notifying
them of the inspection results and explaining whether or not they comply. Should the
property be deemed noncompliant, the owner will be given a reasonable deadline to make
the improvements, with an extension granted if the owner has shown good -faith efforts to
make the improvements. I
Ten Year Rehabilitation/Maintenance Plan
At least 90 days prior to the end of the first ten (10) year term of the Contract, the property
owner is required to submit a Rehabilitation/Maintenance Plan for the next ten (10) year
term of the Contract. Please contact staff in advance of the ten (10) year anniversary of your
Contract to discuss the remaining critical work items for your historic property.
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FREQUENTLY ASKED QUESTIONS: (For website only)
Q: I have owned my house for 25 years and have substantial rehabilitation plans. Will I
receive any benefit from the Mills Act program?
A. Generally, properties that have been under the same ownership for a long time (e.g.,
pre -Prop 13), where the property taxes are already low compared to homes sold at the peak
of the market, will most likely not benefit from the Mills Act. However, there are a number
of factors that contribute to the property tax savings calculation. For an explanation of how
your property tax will be calculated and an estimate of how much may save under the Mills
Act Program, you may call the Mills Act contact at the Orange County Assessor's Office at
(74) 834-3959.
Q. When will I receive my property tax reduction?
A. Mills Act Contracts are awarded and recorded by the end of the calendar year. Tax
savings are seen on the following year's tax bill. For example, if you were approved for the
Mills Act in 2020, your contract would be recorded in December of 2020 and you would see
your tax savings on your 2021 tax bill, etc.
Q. What if I ever want to cancel my Mills Act Contract?
A. Mills Act Contracts may be canceled by the owner at any time. The owner will need to
submit a letter to the Community Development Department explaining their desire to end
the Contract. The Mills Act Contract has a term of ten (10) years and automatically renews
at the end of each year. Once the owner cancels their contract, they will remain under
Contract for the rest of the ten (10) year term. During that time, the owner will still be
responsible for maintaining the historic integrity of their property, but their tax savings will
gradually decrease.
Q. What happens if a Mills Act property changes ownership?
A. Mills Act Contracts remain with the property. When a property with a Mills Act Contract
is sold, the new owner will automatically assume the reduced tax rate and all of the
obligations of owning a Mills Act property. It is important that sellers of Mills Act properties
disclose the Mills Act requirements to the new property owners, as well as any unfinished
maintenance items from their ten (10) year Maintenance Plan, as the new owners will be
required to comply with the same requirements of the program.
Q. What happens if I do not fulfill my obligation under the Mills Act?
A. City staff strives to work with property owners to stay in compliance with their Mills Act
Contracts and to get back into compliance if any items require attention. However, if a
property continues to remain out of compliance after a series of attempts by staff to remedy
the situation, State law allows the City to cancel the owner's Mills Act Contract and fine the
owner 12.5% of the fair market value of the property.
Q. Are we obligated to complete everything on the Rehabilitation Plan?
A. Yes. The Mills Act will not necessarily pay for the entire rehabilitation of the property. It
is meant to offset costs enough to incentivize the work to happen. The Rehabilitation Plan
is meant to help establish and prioritize rehabilitation needs for the property.
Q. Can we move around the order of our rehabilitation plan after our Mills Act Contract has
been recorded?
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A. Yes, work with the Community Development Department to ensure that important items
are dealt with first (such as foundation issues before landscaping).
Q. The back of my property is not visible. Are there any different considerations for
reviewing work on this part of the house?
A. This would need to be reviewed on a case-by-case basis. There may be fewer historic
features on the rear of the property; however, it would need to comply with the Conditions
of Approval identified in the contract as Exhibit "A"
Q. Can I use hollow dual pane to replace single layer glass on my windows?
A. The use of alternative materials or systems can be looked on a case -by -case -basis.
Maintaining historical appearance and historic materials is important. Typically, for divided
light wood sash windows, dual glazed units cannot maintain the historical appearance of the
window, as the wood elements (muntins and mullions) generally need to be thicker to
accommodate dual glazing.
Q. How is the installation of solar panels viewed by the Mills Act?
A. Solar panels can be visually intrusive and detract from the historical appearance of a
property as viewed from the public right-of-way. Solar panels are best placed on areas not
visible from the street and in a way that does not cause adverse impacts to historic elements.
Q. Could adding insulation to a home and other energy conservation projects be added to
the Rehabilitation Plan?
A. Yes. In many cases, performing an energy audit can assist in identifying areas that need
to be addressed. Too often, people are sold on replacing windows instead of insulating
walls and roofs that represent greater uninsulated areas of the building.
Q. After we get the Mills Act, can we add to the property? How is that assessed by the
Assessor?
A. Yes. The design of the addition would need to conform to the Cultural Resources District
Residential Design Guidelines and the Secretary of Interiors Standards for Rehabilitation.
New construction generally receives less property tax reduction. It is advisable to discuss
any proposed new construction on the property with the County Assessor's office before
moving forward.
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APPLICATION CHECKLIST
Pre -a plication inspection of exterior of the property by City Staff.
Mills Act Contract application:
Complete required owner and property information. All property owners must sign
and date the application. If the property is owned by a trust, corporation or other
entity, the officers or trustees signing for the entity must include their titles on the
application form.
Rehabilitation/Maintenance Plan:
List and description of work items with anticipated timing and cost estimates.
Monthly Maintenance Costs and Rental Amount:
Provide a minimum of three (3) rental advertisements for similar properties in the
area
If your property is presently rented, please submit copies of receipts, bills, and
statements documenting monthly maintenance costs and a copy of the rental/lease
agreement
Identify monthly costs for maintenance, repairs and utilities
Legal Description:
Copy of the grant deed showing current property owners and legal description of the
property.
If the property is owned by a trust, corporation, or other legal entity, the articles of
incorporation must be included with the grant deed. Officers or trustees who sign the
application form must be clearly identified with their titles and relationship to the
ownership entity in the articles of incorporation.
Application Fee:
Fee of $500.00 payable to the City of Tustin. The fee is non-refundable.
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[ Insert application (2 pages) here ]
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MILLS ACT CONTRACT
ANNUAL PROGRESS REPORT
Property Address:
Owner(s) of Property
Owner(s) Mailing Address (If Different):
WORK COMPLETED DURING PRIOR YEAR
Please add additional pages as necessary to describe all work completed durin ghte
previous year. Include photographs of the completed work.
YEAR COMPLETED
DESCRIPTION OF WORK
COST
I am (we are) the present owner(s) of the property described above. I (we) hereby
acknowledge that the information presented above is accurate.
Owner Signature Date Owner Signature Date
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Owner Name (Print) Date Owner Name (Print) Date
SAMPLE MILLS ACT CONTRACT
This contract is provided as a sample. Please do not sign or have notarized until Instructed
by staff.
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WHEN RECORDED MAIL TO:
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
Exempt from SB2 fee per Government Code 27388.1 (a)(1)(2)(D) SPACE ABOVE THIS LINE FOR RECORDER'S USE
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is entered into this day of December, , by and between the
City of Tustin ("City"), a municipal corporation, and ("Owner").
RECITALS
WHEREAS, pursuant to Government Code Section 50280 et seq. (the "Mills Act"), the City
of Tustin is authorized to contract with the owner of a Qualified Historical Property to restrict the use
of the property and to provide for its appropriate use, maintenance and rehabilitation so that it retains
its historic characteristics; and
WHEREAS, the City Council has approved by resolution the use of such contracts to
encourage the preservation of Qualified Historical Property in the City; and
WHEREAS, the property which is the subject of this Agreement is identified as Assessor
Parcel Number , commonly known as ,
Tustin, California. A legal description of the Property is attached hereto, marked as Exhibit "A," and
is incorporated herein by this reference; and
WHEREAS, the property that is subject to this Agreement is listed in the City of Tustin
Historical Resources Survey, which satisfies the requirements of Government Code Section
50280.1 as a Qualified Historical Property; and
WHEREAS, the property is residentially zoned and has a rating in the
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.
NOW, THEREFORE, based on the above recitals and the mutual promises and covenants contained
herein, the parties agree as follows:
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AGREEMENT
1. Property Subject to this Agreement
The property which is the subject of this Agreement is identified as Assessor Parcel Number
commonly known as ,
Tustin, California (the "Property"). A legal description of the Property is attached hereto,
marked as Exhibit 'A" and is incorporated herein by this reference.
2. Definitions
Except as otherwise defined herein, the following words and phrases have the following
meanings:
"Serve notice" means to follow the notice procedures of Section 13.
"Owner' means the property owner(s) of record of the Property and includes
assignees with rights of possession and successors in interest to the Owner signing
this agreement.
"Qualified Historical Property" means privately owned property which is not exempt
from property taxation and which meets the criteria set forth in Government Code
Section 50280.1.
3. Commencement, Term and Renewal of Agreement
A. This Agreement shall become effective on the date first above written, and unless
canceled pursuant to Section 11, shall remain in effect for a term of ten (10) years.
B. Each year, upon the anniversary of the effective date of this Agreement, the term
shall automatically be extended for one 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.
(3) Failure to meet the notice deadlines above will result in one year being
automatically added to the term of this Agreement.
D. Within fifteen (15) calendar days of the date of the City's notice of nonrenewal, Owner
may make a written protest to the City.
(1) Upon receipt of such protest, the City Council shall schedule a hearing on the
matter prior to the annual renewal date.
(2) At such hearing, Owner may present any information which Owner deems
relevant.
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(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-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 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 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
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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 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 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%2 percent of the current fair market value of the Property,
as determined by the County Assessor as though the property were free of the
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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 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: Community Development Director
300 Centennial Way
Tustin, CA 92780
To Owner:
Tustin, CA 92780
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Notice shall be deemed sent or "served" upon the date of deposit in the United States Mail.
14. Fee to Administer Mills Act Program
At the time established by City Council resolution, Owner shall pay City a fee, established by
City Council resolution, pursuant to Government Code Section 5028.1. This fee is to cover
City's costs of administering the Mills Act Program in the City.
15. Defense, Indemnification and Hold Harmless
A. Owner shall defend, indemnify and hold harmless City, its officials, employees, and
agents against and from all claims arising from Owner's performance under this
Agreement, or from any activity, work, or omissions by Owner or caused by Owner
in connection with this Agreement.
B. Owner shall further defend, indemnify and hold harmless City, its officials, employees,
and agents against and from all costs, attorneys' fees, and liabilities incurred in the
defense of any such claim or any action or proceeding brought thereon. In case of
any action or proceeding brought against City by reason of such claim, Owner, upon
notice from City, shall defend same at Owner's sole expense by counsel satisfactory
to City.
16. Entire Agreement
This Agreement and the Exhibits attached hereto constitute the entire agreement between
the parties with respect to the subject matter hereof and supersede all prior discussions, negotiations,
and agreements whether oral or written.
17. Amendment 4
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.
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19. Authority to Enter Agreement
Each person executing this Agreement warrants that they have the authority to enter into this
Agreement on behalf of the party for whom they sign.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
Approved as to Form
City Attorney
Date:
Date:
4M
CITY OF TUSTIN
Justina L. Willkom
Community Development Director
Owner
ImB
By:
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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APN.
EXHIBIT "A"
LEGAL DESCRIPTION
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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 buildings, structures, yards and other improvements shall be maintained in a manner
which does not detract from the appearance of the immediate neighborhood. The following
conditions shall be prohibited:
a. Dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls
and windows.
b. Publicly visible storage of scrap lumber, junk, trash or debris.
c. Publicly visible storage of abandoned, discarded or unused objects or equipment, such
as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar
items.
d. Stagnant water or excavations, including pools or spas.
e. Any device, decoration, design, structure or vegetation that is unsightly by reason of its
height, condition, or its inappropriate location.
4. 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.
5. 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.
6. City shall be notified prior to the exterior non -emergency repair and rehabilitation of any
structure on the Property.
7. The following are prohibited without the prior written consent of the City:
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Demolition of any structure on the Property.
Exterior alterations or additions not in keeping with the standards listed above.
8. 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; and
Any other device, decoration, structure or vegetation which is unsightly by reason of
its height, condition or inappropriate location, as determined by City.
9. 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.
10. Owner shall make improvements to the property as described in the following schedule for
repair and rehabilitation, unless changes to the schedule are approved in writing by the City
and Owner. The improvements noted in the schedule may be completed prior to the year
indicated and shall be completed to the satisfaction of the City no later than one (1) year
following the year indicated.
Schedule for Repair and Rehabilitation
Year 10: Repaint the exterior of the house and garage.
11. Owner shall provide the City with a written annual report which specifies actions taken by
Owner to fulfill the requirements of the Agreement. The annual report shall be submitted to
the City on an annual basis at times specified by the City.
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EXHIBIT C
SECRETARY OF INTERIORS STANDARDS FOR REHABILITATION
1. A property shall be used for its historic purpose or be placed in a new use that requires minimal
change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall 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
architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; those changes that have acquired historic significance in
their own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a historic property shall be preserved.
6. Deteriorated historic features shall be repaired rather than 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 documentary, physical, or pictorial evidence.
7. Chemical or physical treatments, such as sandblasting, that cause damage to historic materials
shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If
such resources must be disturbed, mitigation measures shall be undertaken.
9. New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale, and architectural features to protect the historic
integrity of the property and its environment.
10. New additions and adjacent or related new construction shall 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.
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EXHIBIT `D"
REHABILITATION / MAINTENANCE PLAN
[To be inserted]
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ATTACHMENT E
PLANNING COMMISSION RESOLUTION NO. 4416
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RESOLUTION NO. 4416
A RESOLUTION OF THE TUSTIN PLANNING
COMMISSION, ACTING AS THE HISTORIC AND
CULTURAL RESOURCES ADVISOR, ADOPTING A WORK
PROGRAM FOR CALENDAR YEAR 2021.
The Planning Commission, acting as the Historic and Cultural Resources Advisor
(HCRA) of the City of Tustin, finds and determines as follows:
A. That on November 6, 2018, the City Council adopted Resolution 18-78
affirming the Planning Commission as the HCRA to the City Council
pursuant to Tustin City Code 9252c and establishing a program defining the
Commission's roles, responsibilities and requiring an annual Work Program.
B. That on March 26, 2019, the Planning Commission established an annual
Work Program under the HCRA Program to set forth the goals and
objectives for the program on an annual basis.
C. That the Planning Commission desires to establish the goals and objectives
for the 2021 Work Program.
D. That the Planning Commission held a public meeting on February 9, 2021,
to consider the 2021 Work Program.
II. That the Tustin Planning Commission hereby adopts the 2021 Work Program
attached hereto as Exhibit A.
III. That the Planning Commission authorizes the Community Development Director to
update the 2021 Work Program with minor amendments and/or expand or modify
it from time to time, as deemed necessary.
PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the
9th day of February, 2021.
DocuSign/e�dd by:
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D3273B6D898A43D...
DocuSigby:
tE
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45DA2623B54A5_.. Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
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Resolution No. 4416
2021 Work Program
Page 2
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning
Commission Secretary of the City of Tustin, California; that Resolution No. 4416 was dul
passed and adopted at a regular meeting of the Planning Commission, held on the 9t
day of February, 2021.
PLANNING COMMISSIONER AYES: Chu, Jha, Kozak, Mason (4)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
DocuSigned by:
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ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
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EXHIBIT A TO RESOLUTION NO. 4416
PLANNING COMMISSION ACTING
AS THE HISTORIC AND CULTURAL RESOURCES ADVISOR
2021 WORK PROGRAM
• Complete the update of the City Survey of Historic Resources.
• One (1) Commendation nomination.
• Two (2) Historic Plaque program nominations.
• Initiate a second Pioneer bust.
• Each Commissioner shall receive a minimum of the equivalent of one (1), six (6) -
hour day of training, one (1) mandatory introductory training for new
Commissioners and one (1) refresher course for more seasoned Commissioners
• Other matters as may be referred to the Planning Commission by the City
Council or the Community Development Director.