HomeMy WebLinkAboutRCC AGENDA PK 2001/09/17
(' ..
~!f?
-----
n~-:"'
<m'Qf
OJUIA VL'iTA
Depa.rt1n.ent 0" Planning and Bnnd¡~
Date: September 17,2001
To: R~"~ e""~Mti," e,mm;..,CfJ
From: John Schmitz, Principal Planner .
Subject: Mills Act Agreement
Staff has previously brought the propose Mills Act Agreement to your commission for comment,
Amendments were made to reflect those earlier comments and, prior to the last scheduled RCC
meeting, staff reviewed the draft Mills Act Agreement with Commissioner Bensousson, who
expressed concerns about Sections 2,e and 2,[ She felt the inclusion of these sections conflicted with
the intent of the Mills Act Agreement, which was to prevent demolition or alteration, Staff discussed
those concerns with the City Attorney who was adamant that these sections needed to be included in
the agreement. The City Attorney did agree that an additional phrase could be added to Section 4
making it clearer that actions taken in accordance with Sections 2,e and 2,fwould be grounds for
cancellation of the agreement,
Attached is the revised agreement that will be taken to City Council for approval with proposed
amendment to Section 4 underlined and in bold, If the Commission has any additional comments,
staff can include them with the report to Council.
"_. -
"
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P,O, Box 1087
Chula Vista, CA 91912
1J This Space for Recorder's Use Only 1J
APN(s)
MILLS ACT AGREEMENT
For property located at _(Site Address)
THIS AGREEMENT is entered into by and between THE CITY OF CHULA VISTA, a
municipal corporation ("City") and ("Owners"),
RECITALS
WHEREAS, California Government Code Section 50280, et seq" referred to as the Mills
Act, authorized cities to enter into contracts with the owners of qualified historical 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, Owner possesses fee title in and to that certain real property, together with
associated structures and improvements thereon, Assessor Parcel No, ~ and generally
located at the street address , Chula Vista, California, ...ßill) , (the "Historic
Site"),
WHEREAS, on , after a public hearing, the Chula Vista City Council declared
and designated the above property as Historical Site Number -' pursuant to Chula Vista
Municipal Code Section 2.32,070, A-F,
WHEREAS, City and Owner, for their mutual benefit, now desire to enter into this
Agreement both to protect and preserve the characteristics of historical significance of the
Historical Site and to qualify the Historical Site for an assessment of valuation pursuant to the
provisions of Article 1.9, (commencing with Section 439) of Chapter 3 of Part 2 of Division I of
the California Revenue and Taxation Code (and as amended ITom time to time),
NOW THEREFORE, in consideration of the mutual benefits and covenants, City and Owner
agree as follows:
(- -
Page 2 of6
Mills Act Contract
1. Compliance with Council Policy, Owner shall comply with Council Policy Number
incorporated herein by this reference,
2, Standards for Historical Site, During the term of this Agreement, the Historic Site shall
be subject to the following conditions, requirements, and restrictions:
a, Owner should preserve and maintain the regulated characteristics of historical
significance of the Historic Site, and, where necessary and feasible, restore and
rehabilitate the property, in accordance with the rules and regulations published
by the Secretary of the Interior and as amended from time to time (Attachment
A), Work should be done in accordance with the attached schedule of potential
home improvements, drafted by the Owner (Attachment B),
!L Owner should maintain all buildings, structures, yards and other improvements 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;
11, Scrap lumber, junk, trash or debris,
111. Abandoned, discarded or unused objects or equipment, such as
automobiles, automobile parts, furniture, stoves, refrigerators, cans,
containers, or similar items;
IV, Stagnant water or excavations, including pools or spas;
v, Any device, decoration, design, structure or vegetation which is unsightly
by reason of its height, condition, or its inappropriate location,
~ Owner shall allow reasonable periodic examination of the Historic Site, by prior
appointment, if a request is made by representatives of the City of Chula Vista
Planning Department, County Assessor, State Department of Parks and
Recreation or the State Board of Equalization,
d, The owner shall allow visibility of the exterior of the structure from the public
right-of-way,
~ Should owner apply to the City for a permit for demolition, substantial exterior
alteration or removal ofthe Historic Site, Owner shall attend and participate in a
scheduled hearing regarding such application before the board or commission
designated by the City Council to oversee the City's historic resources prior to the
issuance of such permit, so long as such hearing is completed no longer than three
(3) weeks after owner submits such application to the City,
£. Notwithstanding the foregoing subparagraph 2,e, should Owner apply to the City
for a permit for the demolition, substantial exterior alteration or removal of the
Historic Site, Owner shall comply with all City and State of California
environmental regulations, policies and requirements prior to City issuance of the
requested permit.
3, Information of Compliance, Owner hereby agrees to furnish City with any and all
information requested by the City which the City deems necessary or advisable to
determine compliance with the terms and provisions of this Agreement.
4, Cancellation, City, following a duly noticed public hearing as set forth in California
Government Code Sections 50280, et seq" may cancel this Agreement if it determines
~ -
I
Page 3 of6
Mills Act Contract
that Owner has breached any of the conditions of this Agreement or has allowed the
property to deteriorate to the point that it no longer meets the City's or State's standards
for a qualified historic property, In addition, City may cancel this Agreement if it
determines that the Owner has failed to restore or rehabilitate the property in the manner
specified in subparagraph 2(a) of this Agreement, or has demolished. substantiallv
altered or removed the historic site, In the event of cancellation, Owner maybe subject
to payment of those cancellation fees set forth in California Government Code Section
50280, et seq,
5, Enforcement of Agreement. In lieu of and/or in addition to any provisions related to
cancellation of the Agreement as referenced herein, City may specifically enforce or
enjoin the breach of the terms of this Agreement. In the event of a default under the
provisions of this Agreement by Owner, City will give written notice to Owner by
registered or certified mail addressed to the address stated in this Agreement, and if such
a violation is not corrected to the reasonable satisfaction of the City within thirty (30)
days (provided that acts to cure the breach or default must be commenced within thirty
(30) days and must thereafter be diligently pursued to completion by Owner), then City
may, without further notice, declare a default under the terms of this Agreement and may
bring any action necessary to specifically enforce the obligations of Owner growing out
of terms of this Agreement, apply to any court, state or federal for injunctive relief
against any violation by Owner or apply for such other relief as may be appropriate, City
does not waive any claim of default by Owner if City does not enforce or cancel this
Agreement. All other remedies of law or in equity which are not otherwise provided for
in this Agreement or in City's regulations governing historic sites are available to the
City to pursue in the event there is a breach ofthis Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default hereunder.
6, Binding Effects of Agreement. The Owner hereby subjects the Historic Site to the
covenants, reservations and restrictions as set forth in this Agreement. 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 Historic Site,
Each and every contract, deed, or other instrument hereinafter executed, covering or
conveying the Historic Site, or any portion thereof, shall conclusively be held to have
been executed, delivered, and accepted subj ect to the covenants, reservations, and
restrictions expressed in this Agreement regardless of whether such covenants,
reservations, and restriction are set forth in such contract, deed, or other instrument. City
and Owner hereby declare their understanding and intent that the burden of the
covenants, reservations, and restrictions set forth herein, touch and concern the land, in
that Owner's legal interest in the Historic Site is rendered less valuable thereby, City and
Owner hereby further declare their understanding and intent that the benefit of such
covenants, reservations and restrictions, touch and concern the land by enhancing and
maintaining the historical characteristics and significance ofthe Historic Site for the
benefit of City, the public, and Owner.
,~ -
I
Page 4 of6
Mills Act Contract
7, Effective Date and Term of Al!reement. This Agreement shall be effective and
commence on , and shall remain in effect for a term often (10) years thereafter.
Each year upon the anniversary ofthe effective date, such initial term will automatically
be extended as provided in paragraph 8 below,
8, Renewal. Each year on the anniversary of the effective date of this Agreement (the
"renewal date"), a year shall automatically be added to the initial term ofthis Agreement
unless notice of non-renewal is mailed as provided herein, If either Owner or City
desires in any year not to renew this Agreement, Owner or City shall serve written notice
of non-renewal on the other party in advance of the annual renewal date of the
Agreement. Unless such notice is served by Owner to City at least ninety (90) days prior
to the annual renewal date, or served by City to Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term ofthe
Agreement as provided herein, Upon receipt by Owner of a notice of non-renewal from
City, Owner may make a written protest of the notice, City may, at any time prior to the
annual renewal date of the Agreement, withdraw its notice of non-renewal. If either City
or Owner serves notice to the other of non-renewal in any year, the Agreement shall
remain in effect for the balance of the term then remaining, either rrom its original
execution or from the last renewal of the Agreement, whichever may apply,
9, Notice, Any notice required to be given by the terms ofthis Agreement shall be provided
at the address of the respective parties as specified below or at any other address as may
be later specified by either party,
To City: City of Chula Vista
Attention: Director of Planning & Building
276 Fourth Avenue
Chula Vista, CA 91910
To Owner(s):
..- -
"
Page 5 of6
Mills Act Contract
10, General Provisions,
a, None of the terms, provisions, or conditions of this Agreement shall be deemed to
create a partnership between the parties and any of their heirs, successors, or
assigns, nor shall such terms, provisions, or conditions cause them to be
considered joint ventures or members of any joint enterprise,
b, Owner agrees to and shall hold City and its elected officials, officers, agents, and
employees harmless from liability for damage or claims for damage for personal
injuries, including death, and claims for property damage which may arise from
the direct or indirect use of operations of Owner or those of his or her contractor,
subcontractor, agent, employee or other person acting on his or her behalf which
relate to the use, operation, and maintenance of the Historic Site, Owner hereby
agrees to and shall defend the City and its elected Officials, officers, agents, and
employees with respect to any and all actions for damages caused by, or alleged
to have been caused by, reasons of Owner's activities in connection with the
Historic Site. This hold harmless provision applies to all damages and claims for
damages suffered, or alleged to have been suffered, by reason of the operations
referred to in this Agreement regardless of whether or not the City prepared,
supplied, or approved the plans, specifications, or other documents for the
Historic Site,
c, All of the agreements, rights, covenants, reservations, and restrictions contained
in this Agreement shall be binding upon and shall inure to the benefit of the
parties herein, their heirs, successors, legal representatives, assigns and all persons
acquiring any part or portion of the Historical Site, whether by operation oflaw or
in any manner whatsoever.
d, In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent
preemptive legislation, the validity and enforceability of the remaining provisions,
or portions thereof, shall not be effected thereby,
e, This Agreement shall not take effect unless and until Owner's signature is
notarized by a notary public, Furthermore, if an agent or representative of Owner
signs this Agreement on behalf of Owner, the agent or representative must furnish
proof, to the satisfaction of City, that the agent or representative has authority to
act on Owner's behalf.
f. This Agreement shall be construed and governed in accordance with the laws of
the State of California,
II, Recordation, No later than twenty (20) days after the parties execute and enter into this
Agreement, City shall cause this Agreement to be recorded in the office of the County
Recorder of the County of San Diego,
12, Amendments, This Agreement may be amended only by a written and recorded
instrument executed by the parties hereto
,-- -
I
Page 6 of6
Mills Act Contract
SIGNATURE PAGE TO MILLS ACT AGREEMENT FOR
(Address)
CITY OF CHULA VISTA OWNER(S) OF RECORD
Date: Date:
Approved:
By:
Shirley Horton, Mayor (Notarized Signature)
Date: Date:
Attest:
By:
Susan Bigelow, City Clerk (Notarized Signature)
Date:
Approved as to form:
John Kaheny, City Attorney
OWNERS PLEASE HAVE NOTARY PUBLIC ATTACH A SEPARATE PROOF OF
NOTARY PAGE WITH SIGNATURE AND SEAL,
J:\Plarming\JoImS\Historic Resources\MILLS ACT AGREEMENT. doc
-
A TT ACHMENT "A"
SECRETARY OF THE INTERIOR STANDARDS FOR RESTORATION AND
REHABILITATION OF HISTORIC STRUCTURES
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and
environment.
2, The historic character of a property shall be retained and preserved, The removal of
historic materials or alterations of features and spaces that characterize a property shall be
avoided,
3, Each property shall be recognized as a physical record of its time, place, and use,
Changes that create a false sense of historical development, such as adding conjectural
features or architectural elements from other buildings, shall not be undertaken,
4, Most properties change over time; those changes that have acquired historic significance
in their own right shall be retained and preserved,
5, Distinctive features, finishes, and construction techniques or examples of craftsmanship
that characterize a property shall be preserved,
6, Deteriorated historic features shall be repaired rather than replaced, Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the
old in design, color, texture, and other visual qualities and, where possible, materials,
7, Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used, The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible,
8, Significant archaeological resources affected by a project shall be protected and preserved,
If such resources must be disturbed, mitigation measures shall be undertaken,
9, New additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property, The new work shall be differentiated from the old
and shall be compatible with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment,
1o, New additions and adjacent or related new construction shall be undertaken in such a
manner that if removed in the future, the essential form and integrity of the historic
property and its environment would be unimpaired,
-
ATTACHMENT "B"
MILLS ACT AGREEMENT SUPPLEMENTAL
(To be completed by the Owner)
Please list, to the best of your knowledge, the improvements that have been made over
the past 1 0 years to maintain or rehabilitate this property,
YEAR IMPROVEMENT
Please list the improvements and restorations that you intend to make over the next 10
years, List them in order of your priority based upon anticipated need for proper
maintenance,
PRIORITY IMPROVEMENTIRESTORA TIONS
OWNER CERTIFICATION:
I certify that I am presently the legal owner of the subject property, Further, I
acknowledge the supplemental information on this form will be used as an exhibit
attached to the Mills Act Agreement.
Date: Sil!:nature:
City of Chula Vista Heritaqe Museum Announces
FREE MILLS ACT WORKSHOP*
Thursday, September 20,2001
City of Chula Vista City Council Chambers
276 Fourth Avenue, Chula Vista
6:00 to 8:00 p.m.
"The Mills Act gives property tax reduction for owners of historic buildings,
Learn how to save money on your property taxes. Brinq a neiqhbor!
Recently the City of Chula Vista adopted the Mills Act, a preservation incentive that gives owners of
historically designated properties a tax break to reinvest in their historic structures. The City of Chula
Vista now joins San Diego, Escondido, La Mesa, and Coronado in adopting this important legislation.
Thanks go to the local community of historic homeowners, the volunteers at the Chula Vista Heritage
Museum, and Councilmember Mary Salas for making the Mills Act become a reality for our town.
This no-cost workshop is a great opportunity to learn how the Mills Act applies to Chula Vista and to
other jurisdictions in the County and State of California where it has been adopted. Our informative
discussion on Mills Act benefrts will inspire you to get your building historically designated (if it is not so
already) and submit your Mills Act application today. The tax savings can be significant: some historic
homeowners in San Diego County are saving up to 70% on their property taxes!
If you have an older home or building, or know anyone who does, please join us for this special event. If
you live in National City or another town that does not yet have the Mills Act, do attend and invite your
elected officials and planning department to do the same! You'lIleam why smart cities are using the Mills
Act to revitalize older neighborhoods - at minimal cost to the city!
Speakers on September 20:
· Louise Torio, a Mills Act advocate from Historic San Diego Marketing & Consulting;
· Eugene Itogawa, Historian from the State Office of Historic Preservation;
· Kathy Romero from the San Diego County Assessor's Office, who will be providing real examples of
Mills Act savings; and
· Pamela Bensoussan, of the Chula Vista Resource Conservation Commission, who will be
explaining the procedures to designate your property and submit your Mills Act application.
This event is free thanks to the historic homeowners and volunteers who participated in the May 12
Chula Vista Historic Home Tour, More than 750 people attended that event, and a portion of the funds
raised for Chula Vista's Heritage Museum induded an endowment for funding historical preservation
projects, library reference books, and Mills Act education.
Questions? Call Historic San Diego's information line at 619-233-8833
or e-mail HistoricSanDiego@AOL.com.
We look forward to seeing you on September 20! The doors will open at 5:30 p.m. Come ear1y and sign
up to be notified of future tours, and join the Heritage Museum!
.H_