HomeMy WebLinkAbout13 HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) 1082 WALNUT AVENUE
Agenda Item _______
Reviewed:
City Manager _______
Finance Director _______
MEETING DATE: NOVEMBER 15, 2022
TO: MATTHEW S. WEST, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT) -
1082 WALNUT STREET
SUMMARY:
The Mills Act is a State program that provides property tax relief to owners of qualified
historic properties who agree to comply with preservation restrictions and maintain and
preserve the property for a minimum of ten (10) years. The City Council adopted Resolution
97-50, authorizing the implementation of the Mills Act program and established a policy
specifying which properties would be eligible for the program. While the Mills Act is a State
program, property owners enter into a contract with the City to obtain the program’s benefits.
Attachment A contains the Historic Property Preservation Agreement for the subject
property located at 1082 Walnut Street.
RECOMMENDATION:
That the City Council adopt Resolution No. 22-60 authorizing the execution of the Historic
Property Preservation Agreement for the property owner at 1082 Walnut Street in the State’s
Mills Act Program (Attachment A).
FISCAL IMPACT:
The execution of the Historic Property Preservation Agreement would reduce the property
owner’s property tax payment by approximately Twenty-Six Thousand Eight Hundred and
Seventy-Two ($26,872) annually and proportionately reduce the City’s share of the property
tax revenue for the property. Property tax revenue loss to the City would be minimal. The
$500.00 application fee partially offsets City Attorney fees and staff expenses to process the
application, conduct inspections, generate contract, and administer the contract, which are
estimated to be $1,500 for the minimum ten (10)-year contract period.
CORRELATION TO THE STRATEGIC PLAN:
The Historic Property Preservation Agreement is in keeping with Goal A of the City of
Tustin’s Strategic Plan pertaining to the vibrancy and quality of life in all neighborhoods
and areas of the community. Approval of the Mills Act for 1082 Walnut Street will ensure
AGENDA REPORT
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the preservation of a historic resource and retain the City’s quality in life in Tustin while
contributing to maintain the City’s historic heritage.
BACKGROUND AND DISCUSSION:
Adopted by the California Legislature in 1976, the Mills Act gives local government agencies
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 (also referred to as 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 City’s 1990 Tustin Historical
Resources Survey. Residential properties with equivalent ratings in the 2021 Historical
Resources Surveys are also eligible to participate.
Property Description
The Craftsmen style residence at 1082 Walnut Street was built in 1920 and was listed with
a “5S3” rating in the City’s 2003 Historic Resources Survey which indicates that the property
appears eligible for local listing or designation through survey evaluation. The property also
adhered to a “C” rating using California Historical Resource criteria. This rating can be used
for eligibility into the City’s Mills Act program.
In 2021, the City conducted an update to the City’s Historic Resource Survey for this
property (Attachment B). The 2021 survey updated the property with a “6Z” rating and
evaluated the property as “not eligible” due to on-going historic rehabilitation work that was
taking place on the property at the time of the survey. Properties with “6Z” and “not eligible”
ratings are not eligible for participation in the Mills Act program.
The City building permits issued for the property in 2021 included construction work that
substantially rehabilitated the existing structure to historic standards and in consultation with
City staff. To document the property’s rehabilitated status, a revised Historic Survey form
has been prepared for this property which reinstates the “5S3” and “C” rating, making the
property eligible again for the Mills Act program (Exhibit C).
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The recent property rehabilitation work included the following:
x Removal of grid style vinyl windows and one (1) bay window at side and installation
of new wood, double hung windows throughout house;
x Removal of an unpermitted shed-roof style room addition with exterior stucco
cladding at the side of house, visible from the front;
x New room addition set back from the original front portion of the home and
incorporating a complementary and compatible gable roof style and materials to the
original historic home;
x Incorporation of a new two-car garage at the rear of the property, incorporating
complementary siding, and barn style-wood garage doors;
The addition to the home, new garage and covered patio are located behind the original
dwelling and are distinct from the original portion of the dwelling which faces Walnut Street.
The method of rehabilitation is consistent with the Secretary of Interior Standards which
recommends that additions be subordinate to the original structure.
Furthermore, the rehabilitation of the property is consistent with retention and
rehabilitation of character-defining features noted in the City’s prior historic surveys for
the property:
The following character defining features have all been maintained and/or rehabilitated:
x Dual facing front gabled roof and partial shingle wall
x Roofing material compatible with style of home
x Wide open roof eaves with exposed rafters and bargeboards
x Entry porch with supporting columns
x Wood framed double hung windows
x Horizontal siding along the east and west elevations
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Figure 1 – Front (North) Elevation
Figure 2 – Side (East) Elevation
Historic Property Preservation Agreement
The Historic Property Preservation Agreement is contained in Exhibit A of Resolution 22-60
and was prepared by the City Attorney and the Community Development Department. The
draft Agreement contains all of the contract provisions required by State law. As
requirements of State law, these provisions may not be modified; however, optional
provisions are included in the agreement at the discretion of the City Council. Key provisions
of the Mills Act contract are discussed below.
Horizontal Siding
Single hung wood
windows
Entry Porch
Fully glazed single wood door
Horizontal siding
Entry Porch with Supporting
Columns
Dual Front Facing Gables;
Bargeboards, Partial Shingle
Wall, Compatible Roofing Material
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Mills Act Contract Provisions
As noted in the Historic Property Preservation Agreement, the required minimum term 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 Mills Act contract
includes provisions for the preservation and maintenance of the characteristics of historical
significance of the qualified historical property. City staff would utilize the Secretary of the
Interior's Standards for Rehabilitation, the City of Tustin Residential Design Guidelines, and
applicable Building Codes in evaluating the preservation, maintenance, and rehabilitation of
the property.
The interior and exterior of the premises must be made available for periodic examinations
by prior appointment by representatives of the City, the County Assessor, the Department
of Parks and Recreation, and the State Board of Equalization. Furthermore, to ensure
compliance with the terms and provisions, the Mills Act contract includes a provision that
requires the owner to furnish any pertinent information needed by the City.
The draft Historic Property Preservation Agreement also includes optional provisions, which
are contained in Exhibit B of the Historic Property Preservation Agreement. The provisions
are intended to be modified on a case-by-case basis to specifically identify pertinent items.
As an example, Exhibit B 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. In
cases where a property is in excellent condition, restoration and/or rehabilitation may not be
applicable. Exhibit B also includes optional provisions for a photographic portfolio, specific
landscape and property maintenance, a schedule for repair and rehabilitation, maintenance
of property visibility, submission of an annual report, and a prohibition of structure demolition.
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Property Maintenance Schedule
Continuous maintenance on the exterior of the structure will be conducted on an as needed
basis to limit deterioration of key historical components. The items included in the Schedule
for Repair and Rehabilitation (listed below) were identified by City staff, in consultation with
the owner, as being necessary over the minimum ten (10)-year contract term. By entering
into a Mills Act contract with the City, the owner would agree to the following schedule as
outlined in the Contract:
Years 1 through 10
x On-going repair and maintenance of the windows.
x On-going repair and maintenance of exterior façade of house and garage,
including but not limited to wood and paint.
x On-going maintenance of the roof and eaves.
x On-going maintenance and enhancements of landscaping within the front
yard.
According to the terms of the Mills Act contract, the improvements may be completed to the
satisfaction of the City no later than one (1) year following the year indicated.
Contract Recordation
The Mills Act contract 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,
following contract approval and execution by all parties.
Mills Act assessments are made on an annual basis by the County Assessor’s Office.
Therefore, 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.
CONCLUSION
That the City Council approve Resolution No. 22-60, authorizing the execution of a Mills Act
contract (Historic Property Preservation Agreement) between the City of Tustin and the
property owner for the preservation and rehabilitation of a qualified historic property located
at 1082 Walnut Street.
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_______________
Mary A. Salman Justina L. Willkom
Assistant Planner Community Development Director
________
Erica H. Demkowicz
Senior Planner, AICP
Attachments:
A. Resolution No. 22-60
x Exhibit A - Historic Property Preservation Agreement
B. 2021 Historical Resources Survey DPR Form
C. 2022 Historical Resources Survey DPR Form
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ATTACHMENT A
RESOLUTION NO. 22-60
EXHIBIT A – HISTORIC PROPERTY PRESERVATION AGREEMENT
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RESOLUTION NO. 22-60
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 1082 WALNUT 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, in 2021 the City updated its 2003 City of Tustin Historical Resources
Survey which was initially created in 1990;
WHEREAS, the owner of the property located at 1082 Walnut Street has submitted
an application to enter into a Historic Property Preservation Agreement with the City of
Tustin;
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Resolution No. 22-60 Page 2
WHEREAS, the residential property at 1082 Walnut Street qualifies for a Historic
Property Preservation Agreement because it has a “5S3” rating in the 523 DPR historic
survey form updated in 2022;
WHEREAS, the property was rehabilitated in 2021, retaining and rehabilitating
character defining features of the Craftsman style property;
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 1082 Walnut Street, Tustin, California.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 15th day of November, 2022.
AUSTIN LUMBARD
MAYOR
ATTEST:
ERICA N. YASUDA
CITY CLERK
Exhibit A: Historic Property Preservation Agreement
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Resolution No. 22-60
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 22-51
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. 22-60 was duly and
regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council,
held on the 15th day of November, 2022.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
___________________________
ERICA N. YASUDA
CITY CLERK
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WHEN RECORDED MAIL TO:
The Community Development Director
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 15TH day of November, 2022, by and between
the City of Tustin (“City”), a municipal corporation, and Cesar and Maria L. Nunez ("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 500-152-18 commonly known as 1082 Walnut 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 located 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" or
equivalent rating in the 2022 Historical Resources Survey prepared for the property, 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.
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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 500-152-18, commonly known as 1082 Walnut 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.
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
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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.
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 May 15, 2023. The City shall provide owner with the applicable
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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.
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
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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.
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.
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C. Upon cancellation of this Agreement as provided in Subsection A, above,
Owner shall pay a cancellation fee of 12½ 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.
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.
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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: Cesar & Maria L. Nunez
1082 Walnut 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
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
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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 4 of Block B of Martin’s Addition to the town of Tustin, in the City of Tustin, County of
Orange, State of California, as per map recorded in Book 19 Page 79 of Miscellaneous
Maps, in the office of the County Recorder of said County.
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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 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;
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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.
Years 1 through 10
• On-going repair and maintenance of the windows.
• On-going repair and maintenance of exterior façade of house and garage,
including but not limited to wood and paint.
• On-going maintenance of the roof and eaves.
• On-going maintenance and enhancements of landscaping within the front
yard.
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.
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16
ATTACHMENT B
2021 HISTORICAL RESOURCES SURVEY DPR FORM
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16
*P5a. Photograph or Drawing (Photograph required for buildings, structures, or objects)P5b. Description of Photo: (view, date,
accession #) View southwest, 11/12/2020
*P6. Date Constructed/Age and
Sources: Historic Prehistoric Both
1920 (Assessor via DPR 2002; historic aerial
photos)
*P7. Owner and Address:
Not Recorded
*P8. Recorded by: (Name, affiliation, and
address) Mary Ringhoff, Rosa Lisa Fry, Emelyn
Najera, Architectural Resources Group, 360 E.
2nd Street, Suite 225 Los Angeles, CA 90012
*P9. Date Recorded:11/12/2020
*P10. Survey Type: (Describe)
Intensive Reconnaissance
*P11. 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).
*Resource Name or # (Assigned by recorder) 1082 Walnut Street
State of California --- The Resources Agency Primary # ___________________________________
DEPARTMENT OF PARKS AND RECREATION HRI _______________________________________
PRIMARY RECORD Trinomial # __________________________________
NRHP Status Code 6Z
Other Listings _______________________________________________________________
Review Code _______________ Reviewer ________________ Date ___________________
P1. Other Identifier:
*P2. Location:Not for Publication Unrestricted
*a.County Orange and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.)
*b. USGS 7.5' Quad Date T ;R 1/4 of 1/4 of Sec B.M.
c. Address 1082 Walnut Street City Tustin Zip 92780
d. UTM: (Give more than one for large and/or linear resources) Zone ;mE/mN
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate)APN 50015218
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting and boundaries)
Evaluation: Not eligible
Property Type: Residential - Single-family
Primary Architectural Style: Craftsman
Alterations: Additions-Side, Rear; Windows Replaced-All, Primary
facade, Secondary facade, Incompatible; Other Alterations-Door
replaced - primary, Driveway altered, Entrance altered - primary,
Garage altered/replaced, Gate added/replaced, Light fixture
added/replaced, Porch supports altered, Roof material replaced
(compatible), Wall cladding replaced, Window openings altered -
primary, Window openings altered - secondary, Porch floor altered
*P3b. Resource Attributes: (List attributes and codes)HP2. Single family property
*P4. Resources Present:Building Structure Object Site District Element of District Other: ____________________
*Attachments:None Location Map Sketch Map Continuation Sheet Building, Structure & Object Record
Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record
Artifact Record Photographic Record Other (List) __________________________________________________________
Page: 1 of 1
DPR 523A (1/95)* Required Information
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ATTACHMENT C
2022 HISTORICAL RESOURCES SURVEY DPR FORM
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16
*P5a. Photograph or Drawing (Photograph required for buildings, structures, or objects)P5b. Description of Photo: (view, date,
accession #) View southwest, 11/1/22
*P6. Date Constructed/Age and
Sources: Historic Prehistoric Both
1920 (Assessor via DPR 2002; historic aerial
photos)
*P7. Owner and Address:
Not Recorded
*P8. Recorded by: (Name, affiliation, and
address) City of Tustin, Community Development
Department, 300 Centennial Way, Tustin, CA
(Irma Huitron, Assistant Community Dev. Director-
Planning)
*P9. Date Recorded: 11/1/22
*P10. Survey Type: (Describe)
Intensive Reconnaissance
*P11. Report Citation: (Cite survey report and
other sources or enter "none".) "City of Tustin
1082 Walnut Propety Survey Update 2022”
*Resource Name or # (Assigned by recorder) 1082 Walnut Street
State of California --- The Resources Agency Primary # ___________________________________
DEPARTMENT OF PARKS AND RECREATION HRI _______________________________________
PRIMARY RECORD Trinomial # __________________________________
NRHP Status Code 5S3
Other Listings _______________________________________________________________
Review Code _______________ Reviewer ________________ Date ___________________
P1. Other Identifier:
*P2. Location:Not for Publication Unrestricted
*a.County Orange and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.)
*b. USGS 7.5' Quad Date T ;R 1/4 of 1/4 of Sec B.M.
c. Address 1082 Walnut Street City Tustin Zip 92780
d. UTM: (Give more than one for large and/or linear resources) Zone ;mE/mN
e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APN 50015218
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting and boundaries)
*P3b. Resource Attributes: (List attributes and codes) HP2. Single family property
*P4. Resources Present:Building Structure Object Site District Element of District Other: ____________________
*Attachments:None Location Map Sketch Map Continuation Sheet Building, Structure & Object Record
Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record
Artifact Record Photographic Record Other (List) __________________________________________________________
Page: 1 of 1
DPR 523A (1/95)* Required Information
Evaluation: Individually significant
Property Type: Residential - Single-family
Primary Architectural Style: Craftsman
Number of Stories: 1
Plan/Primary Facade: Rectangular; Asymmetrical
Construction/Foundation: Wood-frame; Unknown
Cladding: Horizontal siding
Roof Type/Material: Gable - side, Composition shingle
Roof Features: Bargeboards, Eaves, Exposed rafters
Porch/Stoop 1: Partial-width porch - projecting; Wood; Entry roof,
Posts
Doorway 1: Flush
Door 1: Single; Wood; Partially glazed
Window 1: Wood; Decorative surround - all.
Window 2: Single; Double-hung; Wood; Decorative surround - all
Setting: Set back
Hardscape: Walkway-altered Driveway-altered; Fence- altered
Landscape: Mature vegetation
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16