HomeMy WebLinkAbout13 MILLS ACT PROGRAM – HISTORIC PROPERTY PRESERVATION DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
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Agenda Item 13
AGENDA REPORT Reviewed: °S
-5
City Manager
Finance Director A
MEETING DATE: DECEMBER 7, 2021
TO: MATTHEW S. WEST, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: MILLS ACT PROGRAM — HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 450 WEST THIRD STREET
SUMMARY:
The Mills Act is State legislation that provides for reduced property taxes on a historic
property if the property owner agrees to maintain and preserve the property for a minimum
of ten (10) years. On June 16, 1997, the adoption of City Council Resolution 97-50
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 (Agreement) for the property located at 450
West Third Street.
Owner: Shannon and Charles McCance
Location: 450 West Third Street (Assessor's Parcel Number: 401-363-08)
RECOMMENDATION:
That the City Council adopt Resolution No. 21-103 authorizing the execution of a Historic
Property Preservation Agreement (commonly referred to as Mills Act Contract)with Mr. and
Mrs. McCance, the owners of the property located at 450 West Third Street.
FISCAL IMPACT:
The execution of the Agreement would reduce the property owner's property tax payment
by approximately Four Thousand Dollars ($4,000.00) annually and proportionately reduce
the City's share of the property tax revenue for the property. The $500.00 application fee
partially offsets staff and City Attorney fees to meet with the applicant, conduct the property
inspection, review the application, prepare correspondence, the contract and City Council
report, and administer the contract, which are estimated to be $1,500 for the minimum ten
(10)-year contract period.
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City Council Report
Mills Act Program
December 7, 2021
Page 2
CORRELATION TO THE STRATEGIC PLAN:
The proposed 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 (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 and 2021 Historical
Resources Survey are also eligible to participate.
Property Description
The residence at 450 West Third Street has a "513" rating the City's 2021 Historical
Resources Survey. A "513" rating in the 2021 Historical Resources Survey represents a
property that appears to be eligible for listing in the National Register. The period of
significance for this property is from 1914 to 1945 and the Craftsman-style home was built
in 1924. An excerpt of the 2021 Historical Resources Survey for the property is attached
(Attachment B).
The 2021 survey contains a description of the character-defining features of this home which
include but are not limited to the following:
• Dentil molding roof with closed eaves and eave returns;
• Partial-width projecting porch with concrete wood brick columns with steps and piers;
• Wood Clapboard;
• Single wood door, partially glazed with blind sidelights.
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City Council Report
Mills Act Program
December 7, 2021
Page 3
• Tripartite, fixed, double hung wood decorative window-,
• Single, paired, double-hung wood decorative windows.
The property is also significant because of its association for early Tustin residents. Charles
and Clara Wilson built the house for Five Thousand Dollars ($5,000.00), an expensive home
for that time, possibly because of the wide raved walnut molding used around the ceilings
in each room. Charles Wilson was a water well contractor who worked in Tustin for the
Irvine Company, and was recognized in 1945 when he brought in the deepest known water
well using one continuous string of sixteen (16) inch stovepipe casing. The well was a record
of 1,475 feet deep.
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Figure 1
Mills Act Contract Provisions
Exhibit A of Resolution 21-103 includes a draft Agreement (Mills Act Contract) prepared by
the City Attorney and the Community Development Department for the property located at
450 West Third Street.
The draft Agreement contains all of the contract provisions required by State law. These
provisions are discussed below. As requirements of State law, these provisions may not be
modified.
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City Council Report
Mills Act Program
December 7, 2021
Page 4
Required Mills Act Contract Provisions
As noted in the draft Agreement, the required minimum term of an 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 State
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 Agreement (Attachment A). The provisions are intended to be modified
on a case-by-case basis.
For example, the Agreement provides for the restoration or rehabilitation of the property
according to the U.S. Secretary of the Interior's Standards for Rehabilitation, the State
Historical Building Code, and the regulations of the State Office of Historic Preservation.
The Agreement also includes provisions which requires the property owner to submit for a
photographic portfolio showing all building and structures on the property, on-going
landscape and property maintenance, a schedule for repair and rehabilitation, maintain
property visibility, submission of an annual report, and a prohibition on demolition.
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City Council Report
Mills Act Program
December 7, 2021
Page 5
The items included in the schedule for repair and rehabilitation were identified by City staff,
in consultation with the owner, as being necessary over the minimum ten (10)-year contract
term. By entering into an Agreement with the City, the owner would agree to the following:
Year 1
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections for the patio cover on the south side of the residence.
• Submit plans, obtain a Certificate of Appropriateness and permits and pass
required inspections for the shed on the west side of the property if it will be
retained and is determined larger than 120 square feet.
Year 10
• Repaint the exterior of the house and garage.
According to the terms of the contract, the improvements may be completed to the
satisfaction of the City no later than one (1) year following the year indicated.
Contract Recordation
Following contract execution, the Agreement will be recorded with the Orange County
Recorder's Office and copies will be forwarded to the County Assessor and the State Office
of Historic Preservation.
Because Mills Act assessments are made on an annual basis, the tax benefits associated
with executed contracts submitted to the County Assessor by January 1 will take effect on
the following July 1 of the same year.
DocuSigned by: DocuSigned by:
Mary Salman K) M
Mary Salman Justina L. Willkom
Assistant Planner Community Development Director
Attachments: A. Resolution No. 21-103
Exhibit A: Historic Property Preservation Agreement
B. 2021 Historical Resources Survey excerpt, 450 West Third Street
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ATTACHMENT A
RESOLUTION NO. 21 -103
EXHIBIT A: HISTORIC PROPERTY PRESERVATION
AGREEMENT
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RESOLUTION NO. 21-103
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 450 WEST THIRD STREET, TUSTIN, CALIFORNIA.
The City Council of the City of Tustin does hereby resolve as follows:
WHEREAS, the State of California enacted the Mills Act (California Government
Code Section 50820 et seq.), which authorizes cities to enter into contracts with the owners
of qualified historic properties to provide for the use, maintenance, and restoration of such
historical properties so as to retain their characteristics as properties of historical
significance;
WHEREAS, the Tustin General Plan identifies the following policies related to the
preservation of historic properties:
1) Encourage the restoration and rehabilitation of properties in Tustin eligible for
inclusion on the National Register of Historic Places according to the rehabilitation
guidelines and tax incentives of the National Trust for Historic Preservation.
2) Preserve historically significant structures and sites and encourage the conservation
and rehabilitation of older buildings, sites, and neighborhoods that contribute to the
City's historic character.
3) Preserve historic and architecturally significant residential properties.
4) Retain and protect significant areas of archaeological, paleontological, or historical
value for education and scientific purposes;
WHEREAS, the City Council adopted Resolution No. 97-50 on June 16, 1997, and
determined that the use of historic property preservation agreements in Tustin will be limited
to residential properties that are not exempt from property taxation and have an "A," "B," or
"C" rating in the City of Tustin Historical Resources Survey;
WHEREAS, the 1990 City of Tustin Historical Resources Survey was updated in
2003, and the 2003 Survey has an updated rating system with ratings that are equivalent to
the ratings in the 1990 Survey;
WHEREAS, the owner of the property located at 450 West Third Street has submitted
an application to enter into a historic property preservation agreement with the City of Tustin;
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Resolution No. 21-103
Page 2
WHEREAS, the residential property at 450 West Third Street qualifies for a historic
property preservation agreement because it has a "513" rating in the 2021 City of Tustin
Historical Resources Survey;
WHEREAS, the preservation of individual historic properties through the execution
of historic property preservation agreements in Tustin would serve to maintain the historical
integrity of individual structures citywide, including those within the Tustin Cultural
Resources District;
WHEREAS, the preservation of important resources and neighborhoods would have
beneficial indirect effects on local businesses, economic stability, and community pride; 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 450 West Third Street, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 7th day of December, 2021.
LETITIA CLARK
MAYOR
ATTEST:
ERICA N. YASUDA
CITY CLERK
Attachment: Draft Historic Property Preservation Agreement
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Resolution No. 21-103
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 21-103
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. 21-103 was duly and
regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council,
held on the 7th day of December, 2021.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASUDA
CITY CLERK
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WHEN RECORDED MAIL TO:
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92780-3767
SPACE ABOVE THIS LINE FOR RECORDER'S USE
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Agreement is entered into this 7t" day of December, 2021, by and between the
City of Tustin ("City"), a municipal corporation, and Charles & Shannon McCance ("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, Owner possesses fee title to that certain property located on Assessor's
Parcel Number 401-363-08, commonly known as 450 West Third Street, in the City of
Tustin, California ("Property"). A legal description of the Property is attached hereto, marked
as Exhibit 'A" and is incorporated herein by this reference; and
WHEREAS, the Property is 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 an "A", "B", or "C" 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
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valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of Division 1 of the
California Revenue and Taxation Code.
NOW, THEREFORE, based on the above recitals and the mutual promises and
covenants contained herein, the parties agree as follows:
AGREEMENT
1. Property Subject to this Agreement
The Property which is the subject of this Agreement is identified as Assessor Parcel
Number, 401-363-08, commonly known as 450 West Third Street, Tustin, California.
A legal description of the Property is attached hereto, marked as Exhibit "A," and is
incorporated herein by this reference.
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.
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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.
(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.
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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, which is June 7, 2022. 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.
Owner shall comply with the standards and conditions set forth in Exhibit "B".
7. Periodic Examination of Property
Upon prior notice, Owner shall allow the reasonable periodic examination of the
interior and exterior of the premises of the Property by representatives of City, the
Orange County Assessor, the State Department of Parks and Recreation, and the
State Board of Equalization, as may be necessary to determine Owner's compliance
with the terms of this Agreement.
8. Furnishing Information
Owner shall furnish City with any and all information requested by City, which may
be necessary or desirable to determine Owner's compliance with this Agreement.
9. Enforcement of Agreement
In lieu of and/or in addition to any provisions to cancel this Agreement, City may bring
an action in court to enforce this Agreement, including, but not limited to, an action to
enforce this Agreement by specific performance or by injunction. If the City
determines there is a violation of the provisions of this Agreement by Owner, and City
decides to enforce rather than cancel the Agreement, City shall send written notice
to Owner in accordance with Section 13. If such violation is not corrected to the
reasonable satisfaction of the City within thirty (30) days after the date the notice of
violation is sent by mail, or within such longer period of time as specified or agreed
to by City, then City may, without further notice, declare a default under the terms of
this Agreement and bring any action necessary to specifically enforce the obligations
of Owner under this Agreement, including, but not limited to, bringing actions for
specific performance or injunctive relief.
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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 "A". 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.
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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 full value of the
Property at the time of cancellation, as determined by the County Assessor
without regard to any restriction on the Property imposed by this Agreement.
The cancellation fee shall be paid to the State Controller in the manner
prescribed by the State Controller.
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.
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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: Charles & Shannon McCance
450 West Third 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.
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
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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 Exhibit 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 enter
into this Agreement on behalf of the party for whom they sign.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
CITY OF TUSTIN
By:
Approved as to Form
David Kendig
City Attorney
Owner
Date: 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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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 7 of Tract No. 793, in the City of Tustin, County of Orange, State of California, as per
map recorded in Book 4 Page 218 of Miscellaneous Maps, in the office of the County
Recorder of said County.
1100-00013
45526_1
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
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 photographic portfolio showing all elevations of all
buildings and structures from at least three angles, all character-defining exterior
details, and historic interior details or 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, where necessary, 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
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 State Historical Building Code. Interior remodeling shall retain
character-defining features to the greatest extent possible.
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 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;
1100-00013
45526_1
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
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.
Year 1
• Submit plans, obtain a Certificate of Appropriateness and permits, and pass
required inspections for the patio cover on the south side of the residence.
• Submit plans, obtain a Certificate of Appropriateness and permits and pass
required inspections for the shed on the west side of the property if it will be
retained and is determined larger than 120 square feet.
Year 10
• Repaint the exterior of the house and garage.
10. Owner shall provide the City with a written annual report which specifies actions
taken by Owner to fulfill the requirements of the Agreement. The annual report shall
be submitted to the City on an annual basis at times specified by the City.
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DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
ATTACHMENT B
2021 HISTORICAL RESOURCES SURVEY EXCERPT,
450 WEST THIRD STREET
DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
State of California---The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI
PRIMARY RECORD Trinomial#
NRHP Status Code 513
Other Listings
Review Code Reviewer Date
*Resource Name or#(Assigned by recorder)450 W 3rd Street
P1.Other Identifier:Element of City of Tustin Cultural Resources District
*P2,Location: r Not for Publication rJ Unrestricted
*a.Counly Orange and(P2c, Pte, and P2b or Ptd.Attach a Location Map as necessary.)
*b.USGS 7.5'Quad Date T ;R 114 of 114 of Sec B.M.
c.Address 450 W 3rd Street City Tustin Zip 92780
d.i(Give more than one for large and/or linear resources)Zone 'FR El m
e.Other Locational Data:(e.g.,parcel#,directions to resource,elevation,etc.,as appropriate) APN 40136308
*123a.Description: (Describe resource and its major elements. Include design, materials,condition,alterations,size,setting and boundaries)
Evaluation: Individually significant; District contributor Doorway 1:Flush
Property Type: Residential-Single-family Door 1:Single;Wood;Partially glazed, Blind sidelights
Primary Architectural Style:Craftsman Porch/Stoop 2:Stoop;Wood;Steps,Entry railings,Light fixtures
Number of Stories:1 Door 2:Single;Wood;Partially glazed
Plan/Primary Facade:Irregular;Asymmetrical Window 1:Tripartite;Fixed, Double-hung;Wood; Decorative surround
ConstructionlFoundation:Wood-frame;Concrete -all
Cladding:Wood clapboard, Brick Window 2:Single, Paired;Double-hung;Wood;Decorative surround-
Roof Type/Material:Jerkinhead,Composition shingle all
Roof Features:Dentil molding, Eaves-closed, Eavo returns
Setting:Set back,Corner
Porch/Stoop 1:Partial-width porch-projecting; Concrete,Wood, Brick; Hardscape:Walkway-Concrete;Driveway-Asphalt
Columns, Steps, Piers Landscape:Lawn
*P3b.Resource Attributes:(List attributes and codes) HP2.Single family property
*P4.Resources Present: W Building r Structure 117 Object r Site r District W Element of District r Other:
*P5a.Photograph or Drawing(Photograph required for buildings,structures,or objects) PSb.Description of Photo: (view,date,
accession#)View south. 1 Q/2012O20
� *P6.Date Constructed/Age and
1
Sources: W Historic i Prehistoric F-Both
1924(Deed via Tustin Preservation
Conservancy 2017)
*P7.Owner and Address:
- Not Recorded
*P8.Recorded by:(Name,affiliation,and
address)Mary Rinoho-ff._Rosa Lisa Fry. i
sera.Architectural Resources Group,3p 60 E.
2nd Street.Suite 225 Los Angeles, CA 90012
*P9.Date Recorded: 10/20/2020
*11i Survey Type:(Describe)
R Intensive r Reconnaissance
*111311.Report Citation:(Cite survey report and
other sources or enter"none".)ARG."City of
Tustin Citywide Historic Resources Survey
Update Report"(prepared for the City of Tustin.
2021).
*Attachments: i None r Location Map 17 Sketch Map W Continuation Sheet fJ Building,Structure&Object Record
1-Archaeological Record r District Record r Linear Feature Record i Milling Station Record I-Rock Art Record
F-Artifact Record r Photographic Record F-Other(List)
Di 523A(1/95) * Required Information
DocuSign Envelope ID:4361 FBF8-60BE-45BB-937C-4ACCC391 DA4F
f7,x;c;kur3
StatQ bf Galifdrnla The Resources Agency Pnmary#
[51=PAR7N�ET CSF PARKS ANd RECREATION HFI
BL�IfL'DING, StRUCTURE AND OBJ�C� RECORD
*NRHP Status Code 5B
61.Historic Name:
B2.Common Name:
B3,Original Use: Resldentlal B4.Present Use: Residential
*1135,Architectural Style Craftsman
*1136,Construction History:(Construction date,alteration,and date of alterations) Other Altgratl_ ons-Door replaced-primary. Roof material
replaced(compatible),Sidelights painted or boarded un. Pergola added at rear. Detached garage added
*1137.Moved? W,,No 17-71 Yes In.Unknown Date: Original Location:
*1138.Related Features:Garage-detached
B9a.Architect; Unknown b. Builder: Unknown c.Owner:Charles and Clara Wilson
*610.Significance: Theme Residential Development,1914-1945 Area Tustin
Period of Significance: 1924 Property Type: Residential Applicable Criteria:A/1/1
(Discuss importance in terms of historical or architectural context as defined by theme,period, and geographic scope.Also address Integrity,) i,
Context:Tustin Becomes a City, 1914-1945
Theme:Residential Development, 1914-1945
Property Type:Residential i
The property appears eligible for listing as a City of Tustin Cultural Resource as an embodiment of significant patterns of residential development in
Tustin during its transitional development period from 1914 to 1945.Constructed in 1924,it is an excellent example of an intact 1920s residence in
this part of the city and retains sufficient Integrity to convey Its association with historic patterns of residential development,
i
B11. Additional Resource Attributes:(List attributes and codes)
*11312. References; (See Continuation Sheet 3) (Sketch Map with north arrow required.)
B13. Remarks:
*614. Evaluator:Mary Ringhoff.Rosa Lisa Fry.Architectural Resources Group,
360 E.2nd Street.Suite 225 Los Angeles,CA 90012 i.
*Date of Evaluation: 10/20/2020
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IDPR 523B(1195) * Required Information
DocuSign Envelope ID:4361 F13F8-6013E-451313-937C-4ACCC391 DA4F
State Qf C�lifattiafl�Re5DL1fC5 ylgettcy Prlmarq#
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* (Assigned by recorder)450 W td Street
Recorded By: ARG Date: 10/20/2020 WContinuation t]Update
*1312.References(continued from page 2):
3
Archltectural Resources Group, Inc.City of Tustin Citywide Historic Resources Survey Update Report. Prepared for the City of Tustin,2021.
First American Title Co. Property Information.Accessed February 2021, https:/Iwww.myfirstam.com/Security/Login?
Return Urlr%2FPolygon%2FMapSearch.
i
Los Angeles Times,various dales.
McAlester,Vlrginla Savage,A Field Guide to American Houses,New York:Alfred A. Knopf,2015, 1
Orange County Department of Public Works,OC Survey: Historical Aerial Imagery.Accessed February 2021, https:l/ocs.00publirworks.com/service- I
areasloc-surveylproducts/hi storical-aerial-imagery.
TBA West,Inc,and Carol Jordan."Tustin Historical Resources Survey"Part 1 (DPR Forms)and Park 2(Survey Report). Prepared for City of Tustin,
2003,
Thirtieth Street Architects, Inc."City of Tustin Historical Resources Survey Report"and DPR Forms.Prepared for City of Tustin, 1990.
Tustin News,various dates.
Tustin Preservation Conservancy. "List of Homes Turning 100 Years Old(Final Revision,2017)."Unpublished list reporting deed research.On file at
City of Tustin Community Development Department.
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DPR 523L(1/95) * Required Information
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