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SR - AGR-6674 - MILLS ACT CONTRACT 664 W PALMYRA AVENUE; MAC-276.0-18 i � I � *; oPO�q ':* AGENDA ITEM � G�,t4��poro+i.;i�+�C� i A: ;',� y���...,�„,�,�...•��a November 13, 2018 � C�UNTY CP~ I II I Reviewed/Veri�ed � TO: Honorable Mayor and ', Members of the City Council City Manage � I Finance Direc �/� THRU: R1ck Otto To Be Presented By: I City Manager ' X Cons Calendar City Mgr Rpts Council Reports Legal Affairs FROM: William Crouch Boards/Cmtes Public Hrgs Community Development Director Admin Reports Plan/Environ i 1. SUBJECT I Mills Act Contract No. MAG276.0-18 (Historic Property Preservation Agreement) li, � 2. SUMMARY A proposal to approve a Mills Act Contract for a contributing residential historic property in the Old Towne Historic District. Estimated costs for repair,rehabilitation and maintenance performed by the property owner for the minimum ten-year term of this contract total $59,SOO.QO. Property Owners—Vanessa and Ryan Holliday. Location—664 W. Palmyra Avenue. �, 3. RECOMMENDATION '� Approve a Mills Act Contract (Historic Property Preservation Agreement) betweeri the City of Orange and the property owner (Application No. MAC-276.0-18) for the preservation and rehabilitation of a qualified historic property. . 4. FISCAL IMPACT The City may incur a loss of property ta�c of approximately$327.00 per year. The a Itual amount o f prope rty tax re duc tion un der t he Mi l ls Ac t Con trac t wi l l be de termine d by t he Orange Coun ty Of�ce of the Assessor, using a predetermined income-based approach to assessment,��considering area rental rates and maintenance costs. The application fee for this contract offset�s the cost of staff review, property inspection and this public hearing. Rehabilitation will generate additional revenues from building permit fees, and the local economy will bene�t from additioi al work for � building contractors and material suppliers. � � � � �I ITEM 3 •°�S 1 11/13/18 �I 5. STRATEGIC PLAN GOAL(S) Recognize, promote and preserve Orange's rich heritage, by expanding and sltrengthening processes and practices related to the protection of cultural resources.Enhance and promote quality of life including historic features of the City's Historic Districts and individually listed historic resources to its citizens and visitors. 6. GENERAL PLAN IMPLEMENTATION Cultural Resources and Historic Preservation Element: Goa13.0 Provide incentives and expand education efforts for historic preservation. Policy 3.2 Provide incentives to encourage and support historic preservation. ' I 7. DISCUSSION and BACKGROUND I � Mills Act Contract No. MAC-276.0-18 is for 664 W. Palmyra Avenue, a single fami�ly residence. The property was misidentified in the historic resources survey as a non-contributing resource to , the Old Towne Historic District. Staff has updated the DPR form for this property to show the property as contributing and included the updates in the draft Mills Act Contract as i xhibit E. Estimated costs associated with repair, rehabilitation and maintenance to be performed by the property owner for the minimum ten-year term of this contract total $59,500.00. Staff estimates the total tax savings to the property owner over a ten-year period would be approximately $24,060.00. The Orange County Office of the Assessor will determine the actual amount of property tax savings under the Mills Act Contract. General contract conditions: � • Preserve and rehabilitate the historic property and its character-definingl� features in conformance with adopted rules and regulations. � • Meet City of Orange Historic Property Maintenance Standards for all buildings, structures, yards and other improvements on the property. � • Agree to property inspections once every five years of the contract term an�Ir when work is completed to determine compliance with terms of the contract. • File annual status reports on progress of improvements and repairs and/or i ny changed conditions of the property. • Provide a ten-year update of proposed rehabilitation and repair items, 90 day II prior to the tenth contract anniversary. • Meet all other contract terms and conditions as specified in the Historic PropertylPreservation Agreement. � 8. ATTACHMENTS I 1. Mills Act Contract MAC-276.0-18 II I 2. Photographs of 664 W. Palmyra Avenue I N:\CDD\PLNG\Historic Preservation\Mills Act Program\Applications\Clients 2018\MAC 276.0-18-GG4 W.Palmyra Avenue ITEM 2 11/13/18 RECORDING REQUESTED BY AND,WHEN RECORDED, MAIL TO: City Clerk City of Orange , 300 E. Chapman Avenue Orange, California, 92866 Property Address: 664 W.Palmyra Avenue APN: 041-133-02 Mills Act Contract Number:276.0-18 HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) THIS HISTORIC PROPERTY PRESERVATION AGREEMENT(the"Agreement")is made and entered into as of the date of execution by the City (herein referred to as the "Effective Date"), and is being entered into by and between the CITY OF ORANGE, a municipal corporation ("City"), and Vanessa L.Holliday and Ryan Lewis Holliday(referred to herein as the"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 three Historic Districts: 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; and the local Old Towne Orange Historic District,designated by the City of Orange, 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 "Provide incentives and expand education efforts for historic preservation"(Goa13.0,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 664 W. Palmvra Avenue in the City of Orange, County of Orange, State of California, having Assessor's Parcel Number 041-133-02 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the "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 taa� 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: l. 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 subj ect 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 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 taa� 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, roof line 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. 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 Contract 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 Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the 3 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 contract and may result in cancellation of the contract in accordance with the cancellation terms detailed below. 6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 13, 2018 to and including November 13, 2028. 7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the "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 FLTNDS. 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 (10�') anniversary of the Effective Date of this Agreement,and ninety(90)days prior to every tenth(l 0�h) 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 iri 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 COiTNSEL. 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 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 sha11 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 Vanessa L. Holliday Attn.: City Manager and Ryan Lewis Holliday 664 W. Palmyra Avenue 300 E. Chapman Avenue Orange, CA 92868 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. 6 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 CONTR.ACT; 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. 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 (herein referred to as a "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. 7 24. RECORDATION. No later than six (6) months after the parties execute and enter into this Agreement,Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Orange. 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 of page intentionally left blank;signatures on next pageJ 8 IN WITNESS WHEREOF,the City and the Owner have executed this Agreement. "OWNER" Dated: , 2018 Vannessa L. Holliday Dated: , 2018 Ryan Lewis Holliday "CITY" CITY OF ORANGE, a municipal corporation Dated: , 2018 By: Teresa E. Smith Mayor ATTEST: APPROVED AS TO FORM: Robert Zornado Gary A. Sheatz Chief 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. State of California County of On before me, , a Notary Public in and for the State of California,personally appeared 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 10 EXHIBIT "A" LEGAL DESCRIPTION OF HISTORIC PROPERTY REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,DESCRIBED AS: Lot 2 of Tract No. 716 in the City of Orange, County of Orange, State of California, as per map recorded in Book 21, Page(s) 10, Inclusive of Miscellaneous Maps in the Office of the County Recorder of Orange County. [APN 041-133-02] 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 EXHISIT "D" REHABILITATION/MAINTENANCE SCOPE OF WORK 664 W. Palmyra Avenue Priori Descri tion of Work Cost Estimate Com letion Date 1 Repair rear door and two master bedroom $5,000 2018 windows 2 Regrade soil around foundations and $12,000 2019 driveway to repair negative drainage towards house and detached garage 3 Re air concrete driveway $15,000 2019 4 Paint exterior of house and detached garage $2,500 2019 5 Repair damaged roof rafter tails on house $5,000 2020 6 Install concrete foundation footing for $5,000 2020 detached garage 7 Plumbing re- i e of entire house $8,000 2022 8 Investigate siding in front gable of house to $3,500 2022 determine if there is evidence of original siding treatment remaining underneath existing siding � 9 Replace altered rear gable window on house $2,000 2023 with wood gable vent 10 Paint exterior of house and detached garage $1,500 2024 TOTAL $59,500 EXHIBIT "E" HISTORIC PROPERTY INVENTORY FORM(DPR 523) � [Attached.] � 15 State of Califomia-The Resources Agency Primary# 3o-is8850 F _ _ DEPARTMENT OF PARKS AND RECREATION HRI# C38216 _.. .__.___ .__ .. _.. PRIMARY RECORD Trinomial o� NRHP Status Code 3D Other Listings: ___ _�____.. Review Code: Reviewer: Date: Page 1 of 4.1 'Resource Name or#: F'���MYaa_w_564_AFN_o91-133-02 (Assigned by Recorder) P1.Other ldentifier: __ 'P2.Location: Not for Publication � Unrestricted '8.COUf1Yy: Oranc�e 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: 669 w PALMYRA �;�✓r�, ,4 City: oranac Zip: 9?86a ___ ---_ d.UTM: (Give more than one for large and/or linear resources)ZOne __ .. � mE/ mN e.Other Locational Data: "P38.D@SCflPtl011: (Describe resource and its major elements.Include design,materials,condition,alterations,size,setting,and boudnaries. Continues on Pg.3.) Materials: Frame - Wood sidinq Si::gle-story clapboard house built on an L-plan with multi-yable roof. Frontmost portion of ell extends forward and incorporates half-timbering and a large picture window. Front gable treatment may be altered from original appearar.ce. "P3b.Resource Attributes: (iIP2)--Sir.gle fanily p�cperty __ (Listattributes and codes) *P4.Resources Present: d Building Structure Object Site d Element of District District Other(Isolates,etc.) P5b.Description of Photo: ���� � :. f��• , (View,date,accession#) �yY . � � " 'ry ., �<<T a�,' `P6.Date Constructed/Age and Source: � ^�� �_. � �.s'i. . .l �'�.,;i 1925 c :.R' . a a.. � �a�5 .X r-. ��.s '�i^ � �,,,;� � d Hlstoric �, Prehistoric Both 4 � �������� ��♦`. i! �� ` � ,{#�,�-ti�'��� �t.� �/� ' �� ,, . • r j' � ��+ �t .a 'P7.Owner and Address: . .� -�-.�� . ���������/ _ '=�� �r� , � �A����� � � � . �' ^• . � #�� n . �y'Jp►• . (�1 / �� L �l'�� ��;"�„��i Q -' 4 ' t� p,4`c ,.�.: i'� J'�;�„�w!;r���� ``��r. r � �� ` �1 p* �'�~ '.* �� � �- >,�'��`� � y��i, � � � ""' '� � � � 'P8: Recorded b ' � +,+- ,F °• � + �w� '� Y- (Name,affiliation,and address) '°'��,�� �� Kelly Ribuffo ..�i µ :�,�j�n �� - City of Oranqe 300 E. Chapman Avenue ���'� - '��.; �' �' :3�+��'�,r'�r- �,� _r- _.. •'�r . ,�4 Orange, CA 92866 -a.. `P9.Date Recorded: 'P11.RepOrt CltetiOn: �Cite survey report and other sources,or enter"none.") November 201£+ Orange Coun�y Assessor Records (2005) . Chattel Architecture (200�) HisLoric Resources Survey. AEGIS (1991) Histcric Buildlny Inven�ory *P10.SUfv6yTypE: �Describe) Update. Heritage Orange County, Inc. (1982) Orange 3istoric Survey. keccnnaissance *Attachments: NONE Location Map � Continuation Sheet(s) � 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-�5oP50 DEPARTMENT OF PARKS AND RECREATION HRI# C33210 BUILDING,STRUCTURE,AND OBJECT RECORD `NRHP StaYus Code ��_ , Page 2 of 4.1 'Resource Name or#: PALMYRA_w_669_ AeN_091-1s3-02 (Assigned by Recorder) B1.Historic Name: �nxnown B2.Common Name: B3.Original Use: REs 64.Present Use: ttEs 'B5.Architectural Style: Provincial Rev_val *B6.CoI1StfUCtiOn HiStOry:(Construction date,atlerations,and date of alterations) DOte of COI1St�UCtiOn: 1925 . �/ HIStOfiC Pf@hIStO�IC I BOth *67.Moved? d No Yes Unknown Date: Original Location: •B8.Related Features: *B9.Architect or Builder: �Jnknown �B10.Significance: Theme: Architecture Area: city of oranqe PropertyType: Residence�_ PeriodofSignificance: old Towne: Postwar �evelo�ment (c. 1995-19�5) __ ApplicableCriteria: N/a (Discuss importance in terms of historical or architectural context as defined by theme,period,and geographic scope. Also address integrity. Continues on Pg.4.) �� Stl'uetufallnteg�ity: Good Co�:dition - yieor and revere bye cr ap�r�priate �hacges Lo original s'�ruct:re. _ _ _ Site Integrity: Opportunitles: May warrant special ccnsideration for local planning. B11.Additional Resource Attributes: ��iscanributesa�dcodes� _.._.____�,___ __,_._..__.__________.___...._ _.____� `612.References: Orange Daily News. B13.Remarks: �conen�es or,Py.3.) (Sketch Map with North arrow required.) , Status change since 1991 Survey: None. `614.Evaluator: Kelly Ribuffo *Date of Evaluation: september 2018 (This space reserved for official comments.) DPR 5238(1/95) 'Required Information State of California-The Resources Agency Primary# 30-158850 ___ DEPARTMENT OF PARKS AND RECREATION HRI# 038216 ___._.___.____.._.___.--- _..._...___..�.� CONTINUATION SHEET Trinomial otu� Page 3 of 4.1 'Resource Name or#: PALMYRA_W_669 APN 091-133-02 (Asslgned by Recorder) Recorded by: Keliy R'_Uc_`fo Date Recorded: November 2018 City of Oracge 300 E. cnapman Avenue �/ Continuation Update o�ange, CA 92866 Years Surveyed: 1982, 1991, 2005 ___ _ __ Description of Photo: =991 Listed in National Register. i 997 General Plan: i��R #of Buildings: 1 _—. '�^� %' r?�F ` Planning Zone: _R-2-6_ #of Stories: 1 — t Lot Acre: 0.1335 #of Units: 1 ; )Ik , ... _ �Y� . ...K.d '_'�" . t /�V: Principal Building Sqft: 1C11 __ _. � 86.Construction History(Continued from Pg.2): f� ..- �,,,R _ ,,. A ,� •,�� '� � � 613.Remarks(Continued from Pg.2): ..::t''r.p�. _. _ �s:.. �. �� ' _, "__- - " •i-.'...:.:•-^#'- +.... P3a.Description(Continued from Pg.1): DPR 523L(11/98) *Required Information State of California-The Resources Agency Primary# ?0-1589�0 dEPARTMENT OF PARKS AND RECREATION HRI# �38216 CONTINUATION SHEET Trinomial o� _�_ ' Page 4 of 4.1 'Resource Name or#: F�'-:-h1',,a �r: �_��- _�,P� �a�-133-02 (Assigned by Recorder) Recorded by: 3e11y R's�u�t�� DateR@Cord@d: November 2018 __. _. _ City of Oranqe 300 E. Chapman Avenue � Continuation Update O�ange, CA 92866 610.Significance(Continued from Pg.2): DPR 523L(11/98) 'Required Information ,. .,�+ a: ' . . . � � k:� :I ' '�4�� �' `' � ��` -%1 1� ,�' ; ��'Jr'" ;f�M � ��l r.,� � ` rT' I. �v ,�n b,� � u/d . � � 9.�.��.�> '� T .� ri.� . r, ' � f��Sti � Rt. �4,. F4 ' • ,4 �:r"� 1^i 1.k y, �� '.�. y� � A �l � � ,� �,1�- r 'tLi iI i I � �xS•1•�,�\,�.��� . • . . - . . � � , � , . .'r� �al , � I ���} � � ; . � !r .; . �: �T ` *"� i � ^��. , . 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I�.�:� i s � � i� l n,.��� _ , �Y� �G :�, .y t` �3 l,l�v: '+�� -� w \ ��+�,' �i �� t�• t�.� K *' ! { �/' �. .. . �5��" �. �y ..,1'. . � . . "..�, � ;�F K. : � L A��� r. . . M� '�\ � > � �� I,_, �f�v •:�� /4 M'� � �• 1 +� t '� 1 1{,', � 'r r����. �9.�/ '�� . • ����� �F�l•.� ; � � 'f��i � ����� �'v: �"�� � `� � £f.('i. 7� �i ' �- f �. J� r!7� � � ' � \ �' .11 ,�.'n � �rts.:. i� e` � `� , � ''�� � . � ����� '�; � �P , i�� �� „� :� z, A•-'�� �� r l 1 r � � �..t�t'..��:.j1'" r 1 j� �.. T � \`� � ��- ���7. i'; i.. �� .� �`� 1�. '�. ra. .� t � -� �� ���. �ty � � 1������ .�iy,• � '.�. � ••.�FY „� . , };� _ • y;�i:.�,f. . � ..� ''1' , : : � . _�..". . . t �� �i� � �\ .� � �l �ti �?�, .., '?� �� ✓t � '� ' • � � '�t*I' ,� :�� Y � CITY COUNCIL MINUTES NOVEMBER 13, 2018 3. CONSENT CALENDAR(Continued) 3.21 Mills Act Contract No. MAC-272.0-18 (Historic Property Preservation Agreement), 375 S. Batavia Street. (AGR-6670) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.22 Mills Act Contract No. MAC-273.0-18 (Historic Property Preservation Agreement), 345 N. Harwood Street. (AGR-6671) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.23 Mills Act Contract No. MAC-274.0-18 (Historic Property Preservation Agreement), 344 E. La Veta Avenue. (AGR-6672) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.24 Mills Act Contract No. MAC-275.0-18 (Historic Property Preservation Agreement), 235 E. Palmyra Avenue. (AGR-6673) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.25 Mills Act Contract No. MAC-276.0-18 (Historic Property Preservation Agreement), 664 W. Palmyra Avenue. (AGR-6674) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.26 Mills Act Contract No. MAC-277.0-18 (Historic Property Preservation Agreement), 146 N. Harwood Street. (AGR-6675) NOTE: Mayor Smith recorded an abstention due to a potential conflict with a nearby property interest. ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. 3.27 Mills Act Contract No. MAC-278.0-18 (Historic Property Preservation Agreement), 203 S. Olive Street. (6676) ACTION: Approved a Mills Act Contract (Historic Property Preservation Agreement) between City of Orange and property owner for the preservation and rehabilitation of a qualified historic property. PAGE 7