AGR-7460 - HEATHER JOHNSON & ANDREW MOREY - MILLS ACT CONTRACT - 322 E PALMYRA AVE - MAC 427.0-2212/21/22,9:08 AM Batch 15141152 Confirmation
t Recorded in Official Records,Orange County
Hugh Nguyen,Clerk-Recorder
II 1 I IN 101 NO FEE
R 0 0 1 4 1 2 0 8 0 8 $ *
2022000414079 8:55 am 12121122
A ck-P/ 'bD 227 NC-5 Al2 21
0.00 0.00 0.00 0.00 60.00 0.00 0.000.000.00 0.00
RECORDING REQUESTED BY
AND,WHEN RECORDED,
MAIL TO:
City Clerk
City of Orange
300 E.Chapman Avenue Exempt from recording fees pursuant to
Orange,California,92866 Gov.Code Sections 6103 and 27383
Property Address:322 E.Palmyra Avenue
APN:390-403-22
Mills Act Contract Number:427.0-22
HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT("Agreement")is made and
entered into as of the date of execution by the City("Effective Date"),by and between the CITY OF
ORANGE, a municipal corporation("City"), and HEATHER CHRISTINE JOHNSON,A SINGLE
WOMAN, and ANDREW SCOTT MOREY, A SINGLE MAN, as joint tenants ("Owner"), with
reference to the following:
RECITALS
WHEREAS,the Mills Act(Government Code Section 50280 et seq.)provides cities with the
opportunity to contract with owners of qualified historical properties whereby the owner promises to
preserve and rehabilitate the property in return for a potential reduced property tax assessment;and
WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza
Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic
District, listed in the National Register of Historic Places; the local Old Towne Orange Historic
District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and
Fairmeadow Historic Districts,designated by the Orange City Council;and the City desires to promote
the character,quality of life,and historic features of said Districts to its citizens and visitors;and
WHEREAS,the City is dedicated to the protection and stabilization of property values through
maintaining and upgrading its older housing stock,through the use of incentives such as the Mills Act;
and
WHEREAS,the Mills Act also has beneficial effects on City businesses, economic stability
and community pride by preserving important neighborhood historic resources; and
WHEREAS, the use of the Mills Act will fulfill one of the goals of the City's 2010 General
Plan Cultural Resources Element; specifically,
1
https://gs.secure-recording.com/Batch/Confirmation/15141152 1/2
12/21/22,9:08 AM Batch 15141152 Confirmation
Provide incentives and expand education efforts for historic preservation"(Goal 3.0,CR-
22);and
WHEREAS,Owner possesses fee simple title in and to that certain real property,together with
associated structures and improvements thereon, located at 322 E. Palmyra Avenue in the City of
Orange, County of Orange, State of California, having Assessor's Parcel Number 390-403-22 and
more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof
Historic Property);and
WHEREAS,the Historic Property is a qualified historical property under the Mills Act in that
it is privately owned property which is not exempt from property taxation and is either: individually
designated or is a contributing property within a designated district which is listed in the National
Register of Historic Places, California Register of Historical Resources or Register of Historical
Landmarks,California Points of Historical Interest,or is a contributing property in a locally designated
historic district;and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be
entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in
property taxes pursuant to the provisions of the California Revenue and Taxation Code; and
WHEREAS, it is the City's expectation that the Owner will use the property tax savings
accrued under this Agreement for improvements to the"Historic Property"(as defined below).To that
end, as a condition of renewal,the City will require a revised schedule of improvements every ten
years showing a plan for improvements commensurate with the tax savings;and
WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this
Agreement to limit the use of the Historic Property to prevent inappropriate alterations,to ensure that
characteristics of historic significance are preserved and maintained in an exemplary manner, and to
carry out the purposes of Article 12(commencing with Section 50280)of Chapter 1,Part 1,Division
1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of
Chapter 3,Part 2 of Division 1 of the California Revenue and Taxation Code.
AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises,
covenants and conditions contained herein and the substantial public benefits to be derived therefrom,
do hereby agree as follows:
1. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code
Sections 50280 through 50290 and Article 1.9(commencing with Section 439)of Chapter 3,Part
2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions
of those statutes. To the extent any of the provisions in this Agreement are inconsistent with the
aforementioned provisions of the Government and Revenue and Taxation Codes, they are
superseded by those Code Sections.
2 11:\
https://gs.secure-recording.com/Batch/Confirmation/15141152 2/2
2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3,
Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by
the Orange County Office of the Assessor. City makes no representations regarding the actual tax
savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic
Property and its character defining features. Character defining features include, but are not
necessarily limited to,the general architectural form,style,materials, design,scale,details,mass,
roofline and other aspects of the appearance of the exterior of the Historic Property.For purposes
of identification of the Historic Property, the City's Official Historic Property Inventory Form
DPR 523)is attached as Exhibit E.
The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City's minimum
maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall
constitute the minimum standards and conditions for preservation and rehabilitation of the Historic
Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner
shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations
of the Office of Historic Preservation of the California Department of Parks and Recreation, the
Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code,
and the City of Orange's Historic Preservation Design Standards for Old Towne and Eichler
Design Standards.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and
expense,to complete,or cause to be completed,the work or improvements described in Exhibit D
within the times established therefore in Exhibit D. The Owner shall secure any and all permits
which may be required by the City or any other governmental agency affected by the construction
of the work or improvements. The Owner accepts responsibility for and shall be responsible for
identification of and compliance with all applicable laws pertaining to the construction and
installation of the work or improvements described on Exhibit D and the contract or contracts
pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold
the City harmless with respect to, any consequences of any failure by the Owner to correctly
determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing,the Owner hereby agrees to and will comply with all applicable local,
state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and
other requirements of governmental authorities now or hereafter in effect ("Applicable Laws")
pertaining to the use of the Historic Property. Owner must give the City immediate written notice
on Owner's becoming aware that the use or condition of the Historic Property is in violation of
any Applicable Laws.
4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by
prior appointment, of the interior and exterior of the Historic Property by the City at a minimum
every five(5)years during the Agreement term to determine Owner's compliance with the terms
and provisions of this Agreement. Owner agrees to provide the City with a report as to the status
of the Historic Property annually within thirty (30) days following each anniversary of the
3
Effective Date of this Agreement. The annual report shall provide substantiation reasonably
satisfactory to the City's Historic Preservation Planner or in his/her absence the Director of
Community Development that Owner has completed the work required by Exhibit D for the
twelve month period preceding each anniversary of this Agreement, and whether the Historic
Property has undergone any changed conditions, and whether Owner has received any public
funds from other sources designated for the preservation or maintenance of the Historic Property
and from whom such funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover
administrative costs associated with this Agreement including but not limited to the reasonable
cost of monitoring the Historic Property,performing required inspections,and enforcement of the
Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning
Division upon demand and prior to any required inspection. The amount of the annual inspection
fee shall be established by the City and may be revised from time to time,which fee shall be set
forth in the City's Master Schedule of Fees and Charges. Failure to pay the required fee within
45 days of the due date will be considered a willful breach of this Agreement and may result in
cancellation of the Agreement in accordance with the cancellation terms detailed below. .
6. TERM. The term of this Agreement is for a period of ten (10) years. The initial term of this
Agreement shall be from December 13,2022 to and including December 13, 2032.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement
renewal date"), one year shall be added automatically to the initial term of this Agreement,
unless notice of non-renewal is given as provided in this Agreement.
8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or
maintenance of the Historic Property from any other public agency, this Agreement shall not be
renewed except upon the vote of the City Council.
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this
Agreement, that party shall serve written notice of nonrenewal to the other party in advance of
the annual renewal date.Unless the notice is served by Owner to City at least ninety(90)days,or
by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically
be added to the term of the Agreement. Within fifteen(15) days of receipt by Owner of a notice
of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest
the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement
or toll the renewal date until such hearing can reasonably held. Owner may furnish the City
Council with any information which the Owner deems relevant;and shall furnish the City Council
with any information it may require.At any time prior to the renewal date, City may withdraw its
notice of nonrenewal.
10.EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not
to renew this Agreement, this Agreement shall remain in effect for the balance of the period
remaining since the original execution date if not yet renewed, or the last renewal date of the
Agreement, as the case may be.
4
11.UPDATE OF IMPROVEMENT SCHEDULE. At least ninety(90) days prior to the tenth(loth)
anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth
10th)anniversary thereafter,Owner shall provide City with an updated schedule of rehabilitation
maintenance items for the City's review and approval. Such updated schedule shall contain a list
of proposed improvements and/or revisions to be accomplished during the next succeeding ten
10) years of the Agreement and a schedule for the construction of such improvements. Within
thirty (30) days after the City's receipt of said updated schedule, the City's Director of
Community Development shall either approve or disapprove such proposed schedule of proposed
improvements, or shall respond in writing by stating what further information, if any, the City
reasonably requires in order to determine the request complete and determine whether or not to
grant the requested approval. Upon receipt of such a response,the Owner shall promptly furnish
to the City such further information as may be reasonably requested.
From time to time, at the request of the City's Director of Community Development (or his/her
authorized representative), the Owner shall meet and confer with the City's Planner for Historic
Preservation or in his/her absence the Director of Community Development(or his/her designee)
regarding matters arising hereunder with respect to the work and improvements and the progress
in constructing the same.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner,and each of them,represent and declare
that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment,
belief and knowledge, and the advice and recommendations of his/her/their own independently
selected counsel,concerning the nature,extent and duration of his/her/their rights and claims,and
that he/she/they have not been influenced to any extent whatsoever in executing the same by the
City or by any person representing the City.
13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the
conditions of the Agreement provided for or has allowed the property to deteriorate to the point
it no longer meets the standards for a qualified historical property,the City shall either cancel the
Agreement or bring any action in court necessary to enforce the Agreement including, but not
limited to an action to enforce the Agreement by specific performance to cure, correct or remedy
any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any
other remedy consistent with the purpose of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City shall give written notice to Owner specifying the
alleged grounds for the default. Said notice shall be given by registered or certified mail addressed
to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable
satisfaction of the City within thirty(30)days from the receipt of the notice of violation,or within
such reasonable time as may be required to cure the breach or default,provided that acts to cure,
correct or remedy such breach or default are commenced within thirty (30) days and thereafter
diligently pursued to completion,then City may,without further notice, institute legal action.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are
cumulative, and the exercise by the City of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the Owner. Any failure or delay by the City in asserting any
5
Ltv\
Imo`
of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth
herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive
the City of its right to institute and maintain any actions or proceedings which it may deem
necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach
shall not be construed as a waiver of any succeeding breach of the same or other covenants,
conditions or agreements set forth in this Agreement.
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this
Agreement if City determines Owner has breached any of the conditions or covenants of this
Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets
the standards for a qualified historical property. City may also cancel this Agreement if it
determines Owner has failed to rehabilitate the Historic Property in the manner specified in this
Agreement.
15.NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given
notice and has held a public hearing as required by Government Code Section 50285.Notice of
the hearing shall be mailed to the last known address of each owner of property within 300 feet
of the Historic Property and shall be published in accordance with Government Code Section
6061.
16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above,
Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair
market value of the Historic Property at the time of cancellation. The current fair market value
shall be determined by the County Assessor as though the Historic Property were free of the
restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee
shall be paid to the County Auditor at such time and in such manner as the County Auditor shall
prescribe.
17.NOTICES. All notices required by or provided for in the Agreement shall be given in writing
and may be mailed or delivered in person at the address of the respective parties as specified
below or at any other address as may be later specified by the parties. Deposit of notice in the
mail,postage prepaid, shall be deemed receipt of the notice.
City of Orange Andrew Morey and Heather Johnson
Attn.: City Clerk
300 E. Chapman Avenue 322 E.Palmyra Avenue
Orange, CA 92866 Orange, CA 92866
18.NO COMPENSATION. Owner shall not receive any payment from the City in consideration of
the obligations imposed under this Agreement. The Owner acknowledges and agrees that the
consideration for the execution of this Agreement is the substantial public benefit to be derived
therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed
value of the Historic Property on account of the restrictions on the use and preservation of the
Historic Property.
19.REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined
this Agreement does not constitute an enforceable restriction within the meaning of the applicable
provisions of the California Government Code and the California Revenue and Taxation Code,
except for an unenforceability arising from the cancellation or nonrenewal of this Agreement,then
this Agreement shall be null and void and without further effect and the Historic Property subject
to this Agreement shall from that time be free from any restriction whatsoever under this
Agreement without any payment or further act of the parties to this Agreement.
20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF
CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the
Historic Property is acquired in whole or part by eminent domain or other acquisition by any entity
authorized to exercise the power of eminent domain,and the acquisition is determined by the City
to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be
imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes
of determining the value of the Historic Property so acquired.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is
abandoned by the condemning agency,the restrictions on the use of the Historic Property included
in this Agreement shall,without further agreement of the parties,be reinstituted and the terms of
this Agreement shall continue in full force and effect.
21.EFFECT OF AGREEMENT. None of the terms,provisions or conditions of this Agreement shall
be deemed to create a partnership between the parties hereto and any of their heirs, successors or
assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered
joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit
of all successors in interest of the Owner, regardless of the tax exempt status of any subsequent
owner. A successor in interest shall have the same rights and obligations under this Agreement as
the original owner who entered into this Agreement.
23.REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any
sale, transfer, assignment or conveyance of the Historic Property ("Transfer"), the Owner agrees
that, at least thirty(30) days prior to such Transfer,it shall give written notice to the City of such
proposed Transfer, including the name(s) of the transferee(s). In addition, the Owner and the
proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer
of the Historic Property an assignment and assumption agreement in a form satisfactory to the
City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s)has
have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the
Historic Property and the assumption of the obligations hereunder by the transferee(s),the Owner's
liability for performance shall be terminated as to any obligation to be performed hereunder after
the date of such Transfer.
24.RECORDATION. City shall record a copy of this Agreement with the Office of the County
Recorder of the County of Orange.
7
25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and
recorded instrument executed by the parties hereto, except that the Director of Community
Development is authorized to amend the list of required projects in Exhibit D.
26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original and all of which shall constitute one and the same agreement
with the same effect as if all parties had signed the same signature page. Any signature page of
this Agreement may be detached from any counterpart of this Agreement and re-attached to any
other counterpart of this Agreement identical in form hereto but having attached to it one or more
additional signature pages.
27. ADMINISTRATION. This Agreement shall be administered by the City's Director of
Community Development (or his/her designated representative) following approval of this
Agreement by the City. The City shall maintain authority of this Agreement through the City's
Director of Community Development(or his/her authorized representative). The City's Director
of Community Development shall have the authority to issue interpretations,waive provisions and
enter into amendments of this Agreement on behalf of the City so long as such actions do not
change the uses permitted on the Historic Property or the purpose of this Agreement. Such
amendments may include extensions of time or amendments to the projects specified in Exhibit D.
All other waivers or amendments shall require the written approval and consent of the City
Council.
Remainder ofpage intentionally left blank;signatures on next page]
8
IN WITNESS WHEREOF,the City and the Owner have executed this Agreement.
0 R"
Dated:DCt 1 L4 ,2022 L&
H- er Christine'son
Dated:Pa lek ,2022J 2‘ : .''
Andrew Scott Morey
CITY"
CITY OF ORANGE, a municipal corporation
Dated:.C, 9 ,2022 By: 2,
T c \ ,S\ er
Mayor
r TTE : APPROVED AS O FORM:
Pamela Coleman Mary E.Bi ng
City Clerk Senior Assistant City Attorney
9
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or
validity of that document.
t-avl5( N
State ofCalifernia
County of 1-04/ Aovy
On Oex, 1-1 t i (YcPot before me, P6 ) A • (- P'es
a otary Public in and for the State of California,personally appeared 14ei, ).,Q r ChW 1%1l 4,e SArvs A,
IVO1N / S 4 mo-P.A
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
v N
at the foregoing paragraph
is true and correct.
WITNESS my hand and official seal. o unrok
G'A'EG
cr.•4171 . o
Signature pau,(0,08 / ' Seal cn
B'rnrri 5514/ 1 r/I !j'raft 4•O L `4`Q
coves
MY Commissian Is For life,
10
OAO-OE;=tIFINIA BALL-PUSIPOIE ACKNOVOLEEDGr Efita CIVIL CODE§ 1189
zgcc-cizxve. xzs,..A-:[`ri-. s 's sc4-is".,cc•t r. S •Q•r •
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Grote--
n
On ial`O['aoZ before me, ec``l` ` eJo Vv o\ar,l tab 1 i- ,
Date
1 1
i-(ere Insert Name and Title of the Officer
personally appeared 1Dc n e,s to\e
Name(J'of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( ] whose name(g) is/are
subscribed to the within instrument and acknowledged to me that he/sey executed the same in
his/hcr/thcir authorized capacity(ies),and that by his/hcr/their signature(s)"on the instrument the person(s);
or the entity upon behalf of which the person(,g)'acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
SALLY R.TREJO WITNESS my hand and official seal.
Notary Public California
Orange County
j Commission;2283155
M Ex ires Apr 24,2023vComm. p Signature
Signat Notary Pu
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document. C
Description of Attached Document
Title or Type of Document: M lks • Cs>1 ckJ Document Date: \a \3 as
Number of Pages: Signer(s) Other Than Named Above:
Cavaci ies Claimed byersSin
Silver's ame: 4Y11e_ V ' Signer's Name:
drCorporate Officer — Title(s): teayOr 11 Corporate Officer — Titl .
J Partner — Limited Li General IT Partner — L! Limi General
Li Individual E Attorney in Fact ri Individual Attorney in Fact
ri Trustee Li Guardian or Conservator i Truste Guardian or Conservator
Other: 1 ri 0 er:
Signer Is Representing:CcT' OrtIV— gner Is Representing:
DIY G v <it LXk`1; i f X 1:Lz iscC,2:c,e
2014 National Notary Association • www.NationalNotary.org ° 1-800-US NOTARY(1-800-876-6827) Item#5907
EXHIBIT "A"
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF
CALIFORNIA,DESCRIBED AS:
Parcel 1:
Lot 12 of Block"A" of George Achison's Subdivision of Richland Farms Lots
41 and 42,City of Orange,County of Orange,State of California,as shown on
a Map recorded in Book 3, Page 49 of Miscellaneous Maps, records of said
County.
Parcel 2:
A right of way over the West 5 feet 2 inches of the North 97 feet 8 inches of Lot
13 in Block A of George Achison's subdivision as shown on a map recorded in
Book 3,Page 49 of Miscellaneous Maps,records of Said County.
APN 390-403-22]
11
EXHIBIT "B"
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a
minimal alteration of the building structure, or site and its environment, or to use a property for its
originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment
shall not be destroyed. The removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that
have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development
of a building, structure or site and its environment. These changes may have acquired significance in
their own right,and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building,
structure or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,wherever possible.In the event
replacement is necessary, the new material should match the material being replaced in composition,
design,color,texture,and other visual qualities.Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic, physical, or pictorial
evidence rather than on conjectural designs or the availability of different architectural elements from
other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting
and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or
adjacent to,any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when
such alterations and additions do not destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material and character of the property,
neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if
such additions or alterations were to be removed in the future,the essential form and integrity of the
structure would be unimpaired.
12
EXHIBIT "C"
CITY OF ORANGE HISTORIC PROPERTY
MAINTENANCE STANDARDS
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 are prohibited:
1. Dilapidated,deteriorating,or unrepaired structures,such as: fences,roofs,doors,walls and windows.
2. Publicly visible storage of scrap lumber,junk,trash or debris.
3. Publicly visible storage of abandoned,discarded or unused objects or equipment,such as automobiles,
automobile parts,furniture, stoves,refrigerators,cans,containers or similar items.
4. Stagnant water or excavations,including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height,
condition,or its inappropriate location.
13
EXHIBIT "D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
Attached.]
14
EXHIBIT "D"
REHABILITATION/MAINTENANCE SCOPE OF WORK
322 E.Palmyra Avenue
Priority Description of Work Cost Estimate Completion Date
1. Rehabilitate wood window glazing, sash, and $6,500.00 2023
trim
2. Paint exterior 11,500.00 2024
3. Replace floor with hardwood more 14,500.00 2025
compatible with the historic character per the
Historic Preservation Design Standards
4. Engage structural engineer experienced in $26,000.00 2026
historic preservation to evaluate the
foundation, structure and chimney, and make
recommendations for repair and retrofit
5. Replace AC/heat coil 14,000.00 2027
6. Level back porch to original per the Historic $6,000.00 2028
Preservation Design Standards
7. Remove and refinish paint on front porch 4,500.00 2028
8. Implementation of termite report 5,295.00 2029
recommendations
9. Engage contractor to evaluate the sewer lines $1,500.00 2030
and make recommendations for repair and
rehabilitation
10 Reseal roof vents and projections 2,500.00 2032
TOTAL 92,295.00
EXHIBIT "E"
HISTORIC PROPERTY INVENTORY FORM(DPR 523)
Attached.]
15
State of California-The Resources Agency Primary# 30 159137, 30-161822
DEPARTMENT OF PARKS AND RECREATION HRI#038503, 066146
PRIMARY RECORD Trinomial ORA
NRHP Status Code 1D
Other Listings:
Review Code: Reviewer: Date:
Page 1 of 3 Resource Name or#:PALMYRA_E_322_APN_390-403-22
Assigned by Recorder)
P1.Other Identifier:
P2.Location:Not for Publication Ad Unrestricted
a.County: Ora n go and (p2b and P2c 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: 322 - E PALMYRA AVE ,# City: Orange Zip: 92866
d.UTM: (Give more than one for large and/or linear resources)Zone mE/ mN
e.Other Locational Data:
P3a.Description: (Describe resource and its major elements.Include design,materials,condition,alterations,size,setting,and boudnaries. Continues on Pg.3.)
Materials: Frame - Wood siding
A single-story clapboard house with hip roof and small hip dormer on the front portion of the roof. Main
entry is via a corner recessed porch supported by Classical columns with Corinthian capitals.
P3b.Resource Attributes: (HP2)--Single family property
List attributes and codes)
P4.Resources Present: J Building Structure Object Site d Element of District District Other(Isolates,etc.)
P5b.Description of Photo: 2005
11 View,date,accession#)
Yi
P6.Date Constructed/Age and Source:
x t y 1903
r .-
y
V:. y „ r 0 Historic Prehistoric Both
i
r -
4 i
r y `,
4.
P7.Owner and Address:
r y a 3 r o-
r
a
4
a
b'• ,
411 1 1x P6:Recorded bk
h y: (Name,affiliation,and address
t
i y D. Gest, P. LaValley, D.
aA`--t
y '
14, T r Matsumoto
4, - d/ ".L''t•: at
cj
Chattel Architecture
e I 9Te. ...L,- r
MII M . .,.. 13417 Ventura Blvd.
s'rl
04 Sherman Oaks, CA 91423
P9.Date Recorded:
P11.Report Citation: (Cite survey report and other sources,or enter"none.")April, 2005
Orange County Assessor Records (2005) . Chattel Architecture (2005)
Historic Resources Survey. AEGIS (1991) Historic Building Inventory *p10.Survey Type: (Describe)
Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. Reconnaissance
Attachments: NONE Location Map 1] Continuation Sheet(s) d Building,Structure,and Object Record
Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record
Artifact Record Photograph Record Other(List):
DPR 523A(1/95) Required Information
State of California-The Resources Agency Primary# 30-159137, 30-161822
DEPARTMENT OF PARKS AND RECREATION HRI#038503, 066146
BUILDING, STRUCTURE,AND OBJECT RECORD *NRHP Status Code 1D
Page 2 of 3 Resource Name or#:PALMYRA_E_322APN_390-403-22
Assigned by Recorder)
B1.Historic Name: Noah and Minnie Potter House (1907)
B2.Common Name:
B3.Original Use: RES B4.Present Use:RES
B5.Architectural Style: Hip Roof Cottage
B6.Construction History:(Construction date,aerations,and date of alterations) Date of Construction: 1903 El Historic Prehistoric Both
B7.Moved? d No Yes Unknown Date: Original Location:
B8.Related Features:
B9.Architect or Builder: Unknown
B10.Signifiicance: Theme: Architecture Area: City of Orange property Type: Residence
Period of Significance: Old Towne: Early Settlement (c. 1870 — 1920) Applicable Criteria: AC
Discuss importance in terms of historical or architectural context as defined by theme,period,and geographic scope.Also address integrity. Continues on Pg.4.)
Structural Integrity: Excellent Condition — No apparent change to original structure.
Site Integrity:
Opportunities:
As of 1907, the house was owned by Noah V. and Minnie Potter. Mr. Potter was a local contractor and
builder.
B11.Additional Resource Attributes: (List attributes and codes)
B12.References:
Orange Daily News.
B13.Remarks: (Continues on Pg.3.) Sketch Map with North arrow required.)
Status change since 1991 Survey: None.
B14.Evaluator: Robert Chattel
Date of Evaluation: September, 2005
This space reserved for official comments.)
DPR 523B(1/95) Required Information
State of California-The Resources Agency Primary# 30-159137, 30-161822
DEPARTMENT OF PARKS AND RECREATION HRI#038503, 066146
CONTINUATION SHEET Trinomial ORA
Page 3 of 3 Resource Name or#:PALMYRA_E_322_APN_390-403-22
Assigned by Recorder)
Recorded by:
D. Gest, P. LaValley, D. Matsumoto Date Recorded: April, 2005
Chattel Architecture
13417 Ventura Blvd. d Continuation Update
Sherman Oaks, CA 91423
Years Surveyed: 1982, 1991, 2005 Description of Photo: 1991
Listed in National Register: 1995, 1996, 1997
General Plan: LDR #of Buildings: 1
Planning Zone: R-2-6 #of Stories: 1
Lot Acre: 0.1474 #of Units: 1 44
Principal Building Sqft: 1275 V L.
t r i
B6.Construction History(Continued from Pg.2):
B13.Remarks(Continued from Pg.2):
P3a.Description(Continued from Pg.1):
DPR 523L(11/98) Required Information
i.... ..:',.., •
r
t•- , .
7 -'!' '
t-,-•-: '. : ....
1
N
0.,' :
4
si„. ' ,
4',. ,
4
s .
i
Oft?., ..,-, ,,, .
4
4.. • . •
ct ; .. ,. . ,•: . %
k.
li"
4.- •
f
t -.: .-
4...-
1`.. • ` -..
t
4" •:,„
44. ',•-
A
1•
1 *
t.
ilk
A ,•-..,
A' - ..'
7" ,
l' * ''' ' '
i, - • ' •,-. • ,
f
I
t‘, • ,.. .
A -
1• •• ; \
i / ' ''',•
t
a .
4
1‘ ' '.,
4,
Mr. .
7.•••••••••,,,
i ,• .„ .
4111 ,• ••.
1,. -.
4Ag . '
I., (
A .,,:
s -
44,
4.
0.
4Z-
1-...
41:
s%.
1.11 , .._ •
i
S ;
7 :
4'
0. -..... •,,...?...-;
be
i4alf
1.
8: ..
1.,
0,
10,1147—*:'
II
AV,
1111111\''
1
SU,. , , , ,• , , •
I .
i,
EU
6' '
ri
i,'
Ii
I
al '
IIIIMI'
11
1.
10,-•
t
l
k•-
t.
t
1
0
illiP"
4. •
lit\' , '''.
tillIFV.
41
Ai -
t
1.,.: .- •,
i '
111.
1.'
t'
tAk ',...,
W •• . *
a . ,-...:.)
Q.1,
14.11.....-'
4..• ..... •:
Ill '
VI ' . '• '''''.,,,
i.
4.,,
1. • -:
f'
4,. '
k.„. ',
3
170*,'•.' ,
p,.. - „..,,
4,
4*-r ,,,,;.--
Ir.
4401 -_,-
44. ,
er,d%
N.-
z.
k..
4-
et>.
t, ,-..; ,,
ii
LI.
v,
zit. .- .....
Miiii-,,,,
n... •-
1..,,,,‘,.••
k ..,...-.,
0
4,
04,-• '
1 • \,,, ;
Mis.'''. •'
ik-
1r.
14. .
1, •
1',
t2,
10...,-\:'
S'
s.,
4•
s6r, .
1•
4 • " - ''
V
rm
6
r,
Y4ibi
6'' •- '
fi
MB ..
4 ..
A
N •
4..
Vlfnf"‘• ''•-•, ‘,‘ ,