Loading...
HomeMy WebLinkAbout1995/05/10 - Agenda Packet CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION AGENDA WEDNESDAY MAY 10, 1995 7:00 P.M. RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBER 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA III. IV. Pledge of Allegiance Roll Call Chairman Barker Vice Chairman McNiel Commissioner Lumpp Announcements Commissioner Melcher Commissioner Tolstoy Approval of Minutes February 22, 1995 Consent Calendar The following Consent Calendar items are expected to be routine and non- controversial. They will be acted on by the Commission at one time without discussion. If anyone has concern over any item, it should be removed for discussion. LANDMARK PLAQUE - PETER AND ANN TOLSTOY - The proposed installation of a landmark plaque on a rock boulder within the public right-of- way at the Demens-Tolstoy House, located at 9686 Hillside Road - APN: 1061-561-04. go MILLS ACT AGREEMENT 95-01 - WESLEY AND DOROTHY WEST - A request to implement the use of the Mills Act to reduce property tax on the Historic Landmark property, the G. P. Ledig House, located at 5759 Hellman Avenue - APN: 1062-071-24. MILLS ACT AGREEMENT 95-02 - DAVID R. MOORE - A request to implement the use of the Mills Act to reduce property tax on the Kincaid Ranch house, located at 9449 Ninth Street - APN: 209-032-21. Related files: Historic Landmark Designation 95-01 and Historic Landmark Alteration Permit 95-02. VI. Public Hearings VII. VIII. IX. The following items are public hearings in which concerned individuals may voice their opinion of the relatedproject. Please wait to be recognized by the Chairman and address the Commission by stating your name and address. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. Do HISTORIC LANDMARK DESIGNATION 95-01 - DAVID R. MOORE - An application to designate the Kincaid Ranch as a Local Landmark, located at 9449 Ninth Street - APN: 209-032-21. Related files: Historic Landmark Alteration Permit 95-02 and Mills Act Agreement 95-02. HISTORIC LANDMARK ALTERATION PERMIT 95-02 DAVID R. MOORE - Consideration of the addition of a 1,620 square foot barn and the rehabilitation of the Kincaid Ranch house, located at 9449 Ninth Street - APN: 209-032-21. Related files: Historic Landmark Designation 95-01 and Mills Act Agreement 95-02. Public Comments This is the time andplace for the general public to address the Commission. Items to be discussed here are those which do not already appear on this agenda. Commission Business Adjournment I, Gall Sanchez, Planning Commission Secretary of the City of Rancho Cucamonga, hereby certi~ that a true, accurate copy of the foregoing agenda was posted on May 4, 1995, at least 72 hours prior to the meeting per Government Code Section 54954. 2 at 10500 Civic Center Drive, Rancho Cucamonga. VICINITY MAP A.T.& $.F. n~l CITY HALL CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUCAMONGA - STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 10, 1995 Chairman and Members of the Historic Preservation Commission Brad Buller, City Planner Larry J. Henderson, AICP, Principal Planner LANDMARK PLAQUE - PETER AND ANN TOLSTOY - The proposed installation of a landmark plaque on a rock boulder within the public right-of-way at the Demens-Tolstoy House, located at 9686 Hillside Road - APN: 1061-561-04. BACKGROUND: The previous owners of the historic and landmark designated Demens-Tolstoy House are proposing to install, at their expense, a landmark plaque. The plaque is designed consistent with the standard City model and will be installed within the public right-of-way on a rock boulder. The text layout is also consistent with previous plaques and the content was mutually created by the presenters and City staff. (See attached Exhibit "A" and "B" for the plaque layout and text design). This plaque represents the first unconditioned (not required as part of a development condition), privately installed, historic landmark signage. The plaque installation location will be coordinated with the City Engineering Department to assure that future ultimate trail improvements will not be compromised. RECOMMENDATION: To receive and file this report. No other action is required. This item is presented for informational purposes only. The Applicant will be required to secure a Right-of-Way Permit from the Engineering Department. Brad City Planner BB:LJH:mlg Attachments: Exhibit "A" - Standard Historic Landmark Plaque Layout Exhibit "B" - Text Design IT~ A STANDARD HISTORIC LANDMARK PLAQUE SEE TEXT ON REVERSE SIDE Artistic Signatures 13143 MarieRe Dr., La Mirada, Ca. 90638 EXHIBIT A CITY OF RANCHO CUCAMONGA HISTO~C LANDMARK DEMENS - TOLSTOY HOUSE 1890 THIS LAND WAS ONCE PART OF A LARGE CITRUS RANCH. THIS HOUSE WAS THE HOME OF CAPTAIN PETER A. DEMENS, A RUSSIAN NOBLEMAN WHO WAS INSTRUMENTAL IN THE DEVELOPMENT OF THE AREA. HE WAS INVOLVED IN BRINGING THE RAILROAD TO ALTA LOMA. IN ADDITION, HE WAS THE FIRST PRESIDENT OF THE CUCAMONGA CITRUS ASSOCIATION AND HELPED FOUND THE ALTA LOMA PACKING HOUSE. DEMENS WAS ALSO AN ACCOMPLISHED JOURNALIST, RAILROAD AND LUMBER MAGNATE, AND CO-FOUNDER OF ST. PETERSBURG, FLORIDA. THIS PLAQUE IS PRESENTED IN MEMORY OF CAPTAIN PETER AND RAISSA DEMENS ANDREY AND VERA DEMENS TOLSTOY BY PETER AND ANN TOLSTOY AS PART OF THE HISTORY OF THE ALTA LOMA AREA JANUARY 1994 EXHIBIT B CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 10, 1995 Chairman and Members of the Historic Preservation Commission Brad Buller, City Planner Alan Warren, AICP, Associate Planner MILLS ACT AGREEMENT 95-01 - WESLEY AND DOROTHY WEST - A request to implement the use of the Mills Act to reduce property tax on the Historic Landmark property, the G.P. Ledig House, located at 5759 Hellman Avenue - APN 1062-071-24 BACKGROUND & DISCUSSION: On August 3, 1988, the City Council approved the G.P. Ledig House, then located at 5702 Amethyst Avenue, as an historic landmark. The house, then under City ownership was moved to its present location and refurbished in 1991. Wesley and Dorothy West, the current owners now wish to enter into a Mills Act agreement with the City. The concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property so as to retain its characteristics of historical significance. This intention is encouraged through the reduction of property taxes, thus enabling the property owner to reinvest the money saved from the reduced property tax for improvements. The properties that enter into the agreement are to be inspected by City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. Staff estimates the property tax savings to the owner could be as much as $2000 and the reduction in tax proceeds to the City would be $80. The exact amounts are dependent on the County Assessor's property valuation based on income potential and the capitalization rate at the time of assessment. Mr. and Mrs. West have indicated their intent to rehabilitate the structure with the following improvements over the next 10 years: ITEM YEAR TASK 1. 1995 Installrock ret~ning wall on north side ofpropenyto prevent soilerosion of slope. 2. 1995 Install sidewalks from the middle of the front yard, encircling a fountain, and continuing around the entire perimeter of the house. HISTORIC PRESERVATION COMMISSION MA 95-01 - WESLEY & DOROTHY WEST May 10, 1995 Page 2 ITEM YEAR TASK (cont'd) 1996 Install automatic sprinkler system in both the front and rear yards. 4. 1996 Landscaping to include: Lawns, front and rear, fruit trees, oak and walnut trees in rear, shade trees in front, grape vines, roses and assorted flowers, water fountain in front, pond in rear, and a vegetable garden. 5. 1997 Fencing to include rock pillars across front with wrought iron between pillars, automatic gate openers, and cross fencing (wood) in rear. 6. 1998 The master bath will have the linoleum walls removed and replaced with paint. Sink, bathtub, and possibly toilet fixtures will be replaced and/or updated. 1999 Old stain and varnish will be stripped and replaced in upstairs den. 2000 Custom made draperies and blinds will be installed at all windows. 9. 2001 Library walls will be stripped of old vamish and broken bookshelves will be replaced. Walls behind bookshelves will be painted. 10. 2002 Wood patio and patio cover will be installed at south entrance to house. Built in seating, spa, and barbeque will also be installed. Planters around decking will be included and planted with flowers. RECOMMENDATION: Staff recommends the Historic Preservation Commission forward its recommendation for approval of Mills Act Agreement 95-01 to the City Council by minute order. Respectfully submitted, Brad Buller City Planner BB:AW:mlg Attachments: Exhibit "A" - Site Plan Draft Mills Act Agreement for the G.P. Ledig House CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION HELLMAN ITEM: MA 95-01; G.P. Ledig House TITLE: Site Plan EXHIB1T: "^" SCALE: RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this __th day of __, 1995, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and Wesley West and Dorothy West (hereinafter referred to as the "Owner"). WI TNE S SETH : A. Recitals. (i) California Government Code Section 50280, et seq. authorize cities to enter into contracts with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the G.P. Ledig House and generally located at the street address 5759 Hellman -1- Avenue, Rancho Cucamonga, CA 91737 (hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On August 3, 1988, the City Council of the City of Rancho Cucamonga adopted its Resolution No. 88-503 thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and, (iv) 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 Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code. B. A~reement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of A~reement. This Agreement shall be effective and commence on , 1995, and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement 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 90 days prior to the annual renewal date, or served by City to Owner at least 60 days prior to the annual renewal date, one year shall automatically be added to -2- the term of the Agreement as provided herein. 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 to Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "B," and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit "C." c. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 5. 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 that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. 6. Enforcement of Agreement. In lieu of and/or in addition to any provisions to cancel 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 shall 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 30 days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or default may be commenced within 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 the 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 A~reement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this 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 hereinunder. -4- 7. Binding Effect of A~reement. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto 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 Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their 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 Property 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 historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. Notice. Any notice required to be given by the terms of this 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 the parties hereto. To City: To Owner: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner Wesley West and Dorothy West 5759 Hellman Avenue Rancho Cucamonga, CA 91737 -5- 9. General Provisions. a. 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 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 or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. 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, reason of Owner's activities in connection with the Historic Property. 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 Property. 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 Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. -6- e. 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 preemptire legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 10. Recordation. No later than 20 days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF PJ~NCHO CUCAMONGA Dated: By: William J. Alexander, Mayor Dated: By: Wesley West, Owner Dated: By: Dorothy West, Owner -7- STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On , JA~ SUTTON, Deputy City Clerk of the City of Rancho Cucamonga, personally appeared WILLIAM j. ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WIT~SS my hand and official seal. Jan Sutton Deputy City Clerk City of Rancho Cucamonga STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On the __ day of , 1995, before me , Notary Public, personally appeared , personally known to me or proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and the 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. WITNESS my hand and official seal. Notary Public in and for said State -8- LEC~AL DESCRIPTION for the G.P. Ledi~ House located at 5759 Hellman Avenue, Rancho Cucamonga, CA Owned by Wesley and Dorothy West 91737 Lot 11, Tract No. 13930, City of Rancho Cucamonga County of San Bernardino, State of California Book 230, Pages 18-20 Exhibit -9- THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 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 historical material or distinctive architectural features should be avoided when possible. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 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. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 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 historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. The surface cleaning of structures shall be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, 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. Exhibit "B- 1" PROPERTY MAINTENANCE Property Maintenance. 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. Scrap lumber, junk, trash or debris; 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; Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT "B-2" -11- POTENTIAL HOME IMPRO%~EM~NTS for the G.P. Lediq House Wesley and Dorothy West 5759 Hellman Avenue Rancho Cucamonga, CA 91737 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff. ITEM YEAR 1. 1995 2. 1995 3. 1996 4. 1996 5. 1997 6. 1998 7. 1999 8. 2000 9. 2001 10. 2002 TASK Install rock retaining wall on north side of property to prevent soil erosion of slope. Install sidewalks from the middle of the front yard, encircling a fountain, and continuing around the entire perimeter of the house. Install automatic sprinkler system in both the front and rear yards. Landscaping to include: Lawns, front and rear, fruit trees, oak and walnut trees in rear, shade trees in front, grape vines, roses and assorted flowers, water fountain in front, pond in rear, and a vegetable garden. Fencing to include rock pillars across front with wrought iron between pillars, automatic gate openers, and cross fencing (wood) in rear. The master bath will have the linoleum walls removed and replaced with paint. Sink, bathtub, and possibly toilet fixtures will be replaced and/or updated. Old stain and varnish will be stripped and replaced in upstairs den. Custom made draperies and blinds will be installed at all windows. Library walls will be stripped of old varnish and broken bookshelves will be replaced. Walls behind bookshelves will be painted. Wood patio and patio cover will be installed at south entrance to house. Built in seating, spa, and barbeque will also be installed. Planters around decking will be included and planted with flowers. EXHIBIT "C" -12- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: BY: SUBJECT: May 10,1995 Chairman and Members of the Historic Preservation Commission Brad Buller, City Planner Larry Henderson AICP, Principal Planner HISTORIC LANDMARK DESIGNATION 95-01 - DAVID R. MOORE - An application to designate the Kincaid Ranch as a Local Landmark, located at 9449 Ninth Street - APN: 209-032-21. Related files: Historic Landmark Alteration Permit 95-02 and Mills Act Agreement 95-02. HISTORIC LANDMARK ALTERATION PERMIT 95-02 - DAVID R. MOORE - Consideration of the addition of a 1,620 square foot barn and the rehabilitation of the Kincaid Ranch house, located at 9449 Ninth Street - APN: 209-032-21. Related files: Historic Landmark Designation 95-01 and Mills Act Agreement 95-02. MILLS ACT AGREEMENT 95-02 - DAVID R. MOORE - A request to implement the use of the Mills Act to reduce property tax on the Kincaid Ranch house, located at 9449 Ninth Street - APN: 209-032-21. Related files: Historic Landmark Designation 95-01 and Historic Landmark Alteration Permit 95-02. BACKGROUND Historical Significance: Originally acquired in the late 1870s by the previous owner's family, it has been in continuous citrus production for over 90 years. The house was built by S. P. Kincaid in 1897 approximately a year after his marriage. A brother of S. P. Kincaid, William J. Kincaid, served as Cucamonga Postmaster from 1885 to 1890 and was also a County Supervisor. The house has not been changed since its construction, with the exception of an addition to the west side built in 1912. This served as a nursery and bedroom for the previous owner, Dr. Sterling Kincaid. The irrigation system was still in place and functional in October 1, 1987. A portion of the property to the rear was sold previously for industrial use, and the property is surrounded by industrial development. The subject property is approximately 5 acres in size. HISTORIC PRESERVATION COMMISSION MILLS ACT AGREEMENT 95-02 - DAVID R. MOORE May 10, 1995 Page 2 Surrounding Land Use and Zoning: North Subarea 3; General Industrial South Subarea 3; General Industrial East Subarea 3; General Industrial West Subarea 3; General Industrial General Plan Designations: Project Site - General Industrial North General Industrial South General Industrial East - General Industrial West - General Industrial Site Characteristics: The site is relatively flat, while draining gently to the south. (Drainage acceptance was conditioned on a previously approved parcel map adjacent to the southerly property line). The current use is non-conforming residential agricultural, which the current owner is renovating. At this time, the owner has cleared and removed a significant build up of undergrowth plant materials that has included weeds and shrubs. The renovation of the site has permitted the house and grove to be visible from the street for the first time in years. Structures on the site consist of the residence and two small sheds or garages. The house sits on a raised rock foundation. The other structures were not on foundations and the owner has moved (dragged) them back to the location shown on the site plan submitted. ANALYSIS: General: As indicated, the owner has started the renovation process of the property. In addition to the site work, repairs and upgrading of the residence are underway. The house is being rewired to current electrical code and repairs to the front porch and rear walls of the house are well underway. The exterior paint of the house has been removed in preparation for new paint. All building material repairs are to be replacement in kind and the owner indicates that new exterior wood siding has already been milled to match the existing house. It is the owner's intent to use the house as a residence. Residential uses are not authorized in industrial districts except as caretaker's quarters with approved industrial development. Development Code Section 17.02.130D does not allow for the reestablishment (after 180 days) of a non-conforming use. This section, however, does not apply to non-conforming dwelling units. The Development Code also prohibits the expansion of non-conforming uses. The house is not being enlarged and the garage addition will provide an amenity to the residence. By its design, the garage structure would not necessarily be limited to residential related uses (refer to floor and elevation plans) and if the house was ever to be converted to an office for a conforming use, the new garage could also become a part of that use. HISTORIC PRESERVATION COMMISSION MILLS ACT AGREEMENT 95-02 - DAVID R. MOORE May 10, 1995 Page 3 Landmark Designation: The subject site and structures certainly qualify for landmark designation based upon many of the criteria of the City Historic Preservation Ordinance. (See Facts for Findings Section). While the owner plans to continue to use the house as a residence for a family member, he wishes to preserve the opportunity to convert all or part of the house to an office and to ultimately develop the rear, approximately two thirds of the property, to an allowed industrial use. Therefore, the owner has requested that only a portion of the five-acre site be designated and preserved as shown on the submitted site plan. Staff is recommending the area of designation be simplified to an area 100 feet by 250 feet. (See Exhibit "1" attached to Landmark Designation Resolution). The requested designation area includes all the structures and generally the nearest row of trees to the house. The owner hopes to avoid having to request an additional landmark alteration request at the time the rear portion of the parcel is developed. Staff is concerned with the additional loss of historical context i.e.; at the time of ultimate development, most of the remaining portion of the grove will be eliminated. However, the structures will have been preserved and enhanced thereby increasing the likelihood of their preservation. Also, it is noted that additional planting will lessen potential future impact. Landmark Alteration: The alteration proposed consists of the addition of a new barn structure behind the residence. This 1,620 square foot structure will be used to house vehicles and equipment and supplies to maintain the existing grove. The design of the barn is simple: single story construction with wood siding to match the house. The location of the barn is relatively close to the house (15 feet); however, the owner would like to preserve an adequate sized area between the barn and the sheds for the possibility of required parking if the residence is converted in the future to an office use. A future deck is shown on the submitted site plan. The owner is at this time uncertain when this feature would be added. Because the future deck would be a minor addition, staff has recommended a condition for staff review only, if designed to match the house. Mills Act Agreement: In accordance with City policy the owner has requested a Mills Act Agreement. The Agreement has been drafted and reviewed and is attached for reference (see Exhibit "C" of the Agreement for the scheduled list of improvements). The concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property so as to retain its characteristics of historical significance. This intention is encouraged through the reduction of property taxes, thus enabling the property owner to reinvest the money saved from the reduced property tax for improvements. The properties that enter into the agreement are to be inspected by City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. Staff estimates the property tax savings to the owner could be as much as $1,500 and the reduction HISTORIC PRESERVATION COMMISSION MILLS ACT AGREEMENT 95-02 - DAVID R. MOORE May 10, 1995 Page 4 in tax proceeds to the City would be $60. The exact amounts are dependent on the County Assessor's property valuation based on income potential and the capitalization rate at the time of assessment. Eo Environmental Assessment: The project is Categorically Exempt under Class 3.e of the Guidelines for the Califomia Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: Finding 1: The proposed Landmark is particularly representative of an historic period, type, style, region, or way of life. Fact/s: The property still illustrates the historic late 1800s and early 1900s of the agricultural community of Cucamonga. Finding 2: The proposed Landmark is an example of a type of building which was once common but is now rare. Fact/S: The grove, house, and accessory structures retain the agricultural character of the turn of the century period, which was the predominate development type. Finding 3: The proposed Landmark is of greater age than most of its kind. Fact/s: The landmark eligible property is 97 years old and has been in citrus grove production almost continuously over that period of time. Finding 4: The proposed Landmark was connected with someone renowned or important or a local personality. Fact/s: The house was built by S. P. Kincaid in 1897, approximately a year after his marriage. A brother of S. P. Kincaid, William J. Kincaid, served as Cucamonga Postmaster from 1885 to 1890 and was also a county supervisor. Finding 5: The proposed Landmark is connected with a business or use which was once common but is now rare. Fact/s: Originally acquired in the late 1870s by the previous owner's family, it has been in continuous citrus production for over 90 years. CORRESPONDENCE: None was received. HISTORIC PRESERVATION COMMISSION MILLS ACT AGREEMENT 95-02 - DAVID R. MOORE May 10, 1995 Page 5 RECOMMENDATION: Staff recommends the Historic Preservation Commission approve the attached Resolutions for Historic Landmark Designation and Historic Landmark Alteration Permit and recommends approval by minute order to the City Council for the Mills Act Agreement. BB:LH:mlg Attachments: Exhibit "A" - Site Location Map Exhibit"B"- Photos Landmark 95-01 Resolution Landmark Alteration Permit 95-02 Resolution Mills Act Agreement City of Rancho Cucamonga 300 FOOT RADIUS MAP MA 95-02 LD 95-01 LDA 95-02 0 400 800 Feet RESOLUTION NO. A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF HISTORIC LANDMARK 95-01 TO DESIGNATE THE KINCAID RANCH HOUSE, LOCATED AT 9449 NINTH STREET, AS A LANDMARK - APN: 209-032-21. A. Recitals. 1. David R. Moore has filed an application for a Landmark as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On May 10, 1995, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Historic Preservation Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately .55 acres of land, basically a 100-foot by 240-foot configuration, located at 9449 Ninth Street and shown in Exhibit "1" attached. 3. Based upon substantial evidence presented to this Commission during the above-referenced public hearing on May 10, 1995, including written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Commission hereby makes the following findings and facts: A. Historical and Cultural Significance: Finding 1: The proposed Landmark is particularly representative of an historic period, type, style, region, or way of life. Fact/s: The property still illustrates the historic late 1800s and early 1900s of the agricultural community of Cucamonga. Finding 2: The proposed Landmark is an example of a type of building which was once common but is now rare. HPC RESOLUTION NO. LANDMARK 95-01 - DAVID R. MOORE May 10, 1995 Page 2 Fact/s: The grove house and accessory structures retain the agricultural character of the turn of the century period, which was the predominant development type. Finding 3: The proposed Landmark is of greater age than most of its kind. Fact/s: The landmark eligible property is 97 years old and has been in citrus grove production almost continuously over that period of time. Finding 4: The proposed Landmark was connected with someone renowned or important or a local personality. Fact/s: The house was built by S. P. Kincaid in 1897, approximately a year after his marriage. A brother of S. P. Kincaid, William J. Kincaid, served as Cucamonga Postmaster from 1885 to 1890 and was also a County Supervisor. Finding 5: The proposed Landmark is connected with a business or use which was once common but is now rare. Fact/s: Originally acquired in the late 1870s by the previous owner's family, it has been in continuous citrus production for over 90 years. 4. This Commission hereby finds and determines that the project identified above in this Resolution is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15308 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the Historic Preservation Commission of the City of Rancho Cucamonga hereby recommends approval of Landmark Application 95-01. 6. The Chairman of this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 1995. BY: E. David Barker, Chairman HPC RESOLUTION NO. LANDMARK 95-01 - DAVID R. MOORE May 10, 1995 Page 3 ATTEST: Brad Buller, Secretary I, Brad Buller, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 10th day of May 1995, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 9~h $~ree~ Z n,,' ,,~ 133 \ / _7_ e,3, Z 0 ~.. ,o~ 0 ©~ I I I I I I I I I 0_ I RESOLUTION NO. A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LANDMARK ALTERATION PERMIT 95-02 FOR THE KINCAID RANCH HOUSE, LOCATED AT 9449 NINTH STREET - APN: 209-032-21. WHEREAS, the Historic Preservation Commission has held a duly advertised public hearing to consider all available comments on the proposed Landmark Alteration Permit. WHEREAS, the Historic Preservation Commission has received and reviewed all available input regarding said Landmark Alteration Permit. WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred. NOW, THEREFORE, the Historic Preservation Commission hereby specifically finds, determines, and resolves as follows: SECTION I: The application applies to the building located at 9449 Ninth Street, Rancho Cucamonga, California. SRCTION II: The proposed Landmark Alteration meets the following criteria established in Chapter 22.24.120 of the Rancho Cucamonga Municipal Code: FINDING: The action proposed is consistent with the purposes of this Ordinance. FACT: The Landmark Alteration as conditioned will enhance and promote the economic viability of this historic landmark. FINDING: The action proposed will not be detrimental to a structure or feature of significant aesthetic, cultural, architectural, or engineering interest or value of an historic nature. FACT: The proposed modifications will rehabilitate and assist in the continued use of the structures and grove on the property. SECTION III: This Landmark Alteration Permit is exempt from CEQA under Class 3.e of the Guidelines for the California Quality Act. SECTION IV: Based on the substantial evidence reviewed by this Commission and based on the findings set forth above, NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga Historic Preservation Commission does approve Landmark Alteration Permit 95-02 for alterations to the Kincaid Ranch house as described in the Staff Report dated May 10, 1995, with the following conditions: 1) All exterior site and building modifications shall be submitted to Planning Division staff in the form of detailed plans and specifications before installation or building permit issuancg, whichever c~mes first. HPC RESOLUTION NO. LAP 95-02 - DAVID R. MOORE May 10, 1995 Page 2 2) 3) All replacement materials shall be of in-kind type, size, and quality whenever possible. The future deck shall be designed to match the house and shall be subject to review by the Planning Division Staff. APPROVED AND ADOPTED THIS 10TH DAY OF MAY 1995. HISTORIC PRESERVATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: E. David Barker, Chairman ATTEST: Brad Bullet, Secretary I, Brad Buller, Secretary of the Historic Preservation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Historic Preservation Commission of the City of Rancho Cucamonga, at a regular meeting of the Historic Preservation Commission held on the 10th day of May 1995, by the following vote- to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this th day of , 1995, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and David R. Moore (hereinafter referred to as the "Owner"). W I TNE S S E TH : A. Recitals. (i) California Government Code Section 50280, et seq. authorize cities to enter into contracts with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Kincaid Ranch and generally located at the street address 9449 Ninth Street, Rancho Cucamonga, CA 91730 (hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On , 1995, the City Council of the City of Rancho Cucamonga adopted its Resolution No. 95- thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and, (iv) 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 Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code. B. Aareement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of A~reement. This Agreement shall be effective and commence on , 1995, and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement 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 90 days prior to the annual renewal date, or served by City to Owner at least 60 days prior to the annual renewal date, one year shall automatically be added to -2- the term of the Agreement as provided herein. 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 to Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Historical ProDert¥. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "B," and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the City Council, attached hereto as Exhibit "C." c. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 5. 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 that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. 6. Enforcement of A~reement. In lieu of and/or in addition to any provisions to cancel 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 shall 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 30 days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or default may be commenced within 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 the 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 at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this 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 hereinunder. -4- 7. Bindin~ Effect of A~reement. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto 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 Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their 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 Property 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 historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. Notice. Any notice required to be given by the terms of this 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 the parties hereto. To City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner To Owner: David R. Moore 623 Valley View Court Upland, CA 91784 9. General Provisions. a. 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 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 or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. 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, reason of Owner's activities in connection with the Historic Property. 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 Property. 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 Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. e. 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. f. This Agreement shall be construed and governed in accordance with the laws of the State of California. 10. Recordation. No later than 20 days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bernardino. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: William J. Alexander, Mayor Dated: By: David R. Moore, Owner STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On , JAN SUTTON, Deputy City Clerk of the City of Rancho Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Jan Sutton Deputy City Clerk City of Rancho Cucamonga STATE OF CALIFORNIA ) ) SS. COUNTY OF SAN BERNARDINO ) On the day of , 1995, before me , Notary Public, personally appeared , personally known to me or proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and the 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. WITNESS my hand and official seal. Notary Public in and for said State L~AL D~SCRIPTION for the Kincaid Ranch located at 9449 Ninth Street, Rancho Cucamonga, CA Owned by David R. West 91730 Parcel 1, Parcel Map 10366, in the City of Rancho Cucamonga, County of San Bernardino, State of California recorded in San Bernardino County Parcel Map Book 113, pages 62-63 ~xhibit "A" THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 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 historical material or distinctive architectural features should be avoided when possible. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 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. 5 o Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 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 historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. The surface cleaning of structures shall be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, 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. Exhibit PROPERTY MAINTENANCE Property Maintenance. 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. Scrap lumber, junk, trash or debris; 3 o 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; Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT "B-2" POTENTIAL HOME IMPROVeMeNTS for the Kincaid Ranch David R. Moore 9449 Ninth Street Rancho Cucamonga, CA 91730 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff. ITEM 1. 2 3 4 5 6 7 8 9. 10. 11. 12. YEAR 1995 1995 1995 1995 1995 1995 1995 1997 1998 1999 2000 2001 TASK Repaint the outside of the house Fix the front porch Build a new barn/garage Refurbish the inside of the house Install new septic tank Install new furnace/air conditioning Install new bathroom Replace roof on house Install new fences Install new sprinkler system for the citrus grove Install additional landscaping in front yard Install new concrete driveway EXHIBIT