HomeMy WebLinkAbout1994/11/09 - Agenda PacketCITY OF RANCHO CUCAMONGA
HISTORIC PRESERVATION COMMISSION
AGENDA
WEDNESDAY
NOVEMBER 9, 1994
7:00 P.M.
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBER
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
III.
IV.
VI.
VII.
Pledge of Allegiance
Roll Call
Chairman Barker
Vice Chairman McNiel
Commissioner Lumpp
Commissioner Melcher
Commissioner Tolstoy __
Announcements
Approval of Minutes
September 14, 1994
V. New Business
MILLS ACT AGREEMENT 94-01 - CUCAMONGA SERVICE
CLUB - A request to implement the use of the
Mills Act to reduce the property tax on the
Central Public School (Sweeten Hall), an
Historic Landmark property located at 9324 San
Bernardino Road - APN: 208-111-09.
Public Comments
This is the time and place for the general public
to address the Commission. Items to be discussed
here are those which do not already appear on this
agenda.
Co~mission Business
VIII. Adjournment
VICINITY MAP
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CITY HALL
CITY OF
RANCHO CUCAMONGA
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
November 9, 1994
Chairman and Members of the Historic Preservation Commission
Brad Buller, City Planner
Alan Warren, AICP, Associate Planner
MILLS ACT AGREEMENT 94-01 - CUCAMONGA SERVICE CLUB - A request
to implement the use of the Mills Act to reduce the property tax
on the Central Public School (Sweeten Hall), a Historic Landmark
property located at 9324 San Bernardino Road - APN: 208-111-09.
On September 16, 1992, the City Council approved the designation of the
Central Public School (also known as Sweeten Hall), at the northeast corner of
San Bernardino Road and Hellman Avenue, as an historic landmark. The
Cucamonga Service Club, owner of the facility, now wishes 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 which 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.
The Cucamonga Service Club has indicated it intends to rehabilitate the
structure with the following improvements over the next 10 years:
1. New roof
2. Repair and paint inside and outside of structure
3. Repave and landscape front and back of property
4. Replace carpet as necessary
I~SMA
HPC STAFF REPORT
MA 94-01 - CUCAMONGA SERVICE CLUB
November 9, 1994
Page 2
Staff reco~ends the Historic Preservation Co~ission forward its approval of
Mills Act Agreement 94-01 to the City Council by minute action.
BB:AW:sp
RECORDING REQUESTED BY
and when
RECORDED MAIL TO:
City Clerk, City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729
HISTORIC PROPerTY PI~SERVATION AGl~T
THIS AGREEMENT is made and entered into this day of
1994, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation
(hereinafter referred to as the "City") and Cucamonga Service Club
(hereinafter referred to as the "Owner").
WITNESSETH :
A. Recitals.
(i) California Government Code Section 50280, et seq. authorizes
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 Central Public School (Sweeten Hall) and generally located at the
street address 9324 San Bernardino Road, 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 1994, the City Council of the City of Rancho
Cucamonga adopted its Resolution No. 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. Agree~ment
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 Agreement. This Agreement shall be
effective and commence on 1994, and shall remain in effect for
a term of 10 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 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.
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 comenced 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.
7. Binding Effect of Agreement. 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:
Cucamonga Service Club
9324 San Bernardino Road
Rancho Cucamonga, CA 91730
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 preemptlye legislation, the validity and
enforceability of the remaining provisions, or portions thereof, shall not be
affected thereby.
f. This Agreement shall be construed and governed
accordance with the laws of the State of California.
in
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 ~1~$ ~E~EOF, City and Owner have executed this Agreement on
the day and year first written above.
CITY OF RANCHO CUCAMONGA
Dated: By:
Mayor
Dated: By:
Owner
Dated: By:
Owner
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On , before me, JAN SIF~T~, Deputy
City Clerk of the City of Rancho Cucamonga, personally appeared
(Mayor), personally known 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~ESS 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 , 199 , 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 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
I~ DESCRi~P~ION
~o~
CENTRAL PUBLIC SCHOOL (SWEETEN HALL)
PTN NW 1/4 SW 1/4 SE 1/4 SEC 3 TP 1S R 7W COM AT PT WHICH IS N 0 DEG 10 MIN E
818.7 FT AND S 87 DEG 57 MIN E 25.39 FT FROM S 1/4 COR SD SEC 3 SD PT BEING
ALSO ON LI SAN BDNO AVE DISTANT 30 FT ELY FROM C/L HELLMAN AVE AS RECORDED
9/2/11 BK 494 PG 237 OF DEEDS TH N O DEG 09 MIN W PARALLEL TO C/L SD ~LLMAN
AVE 366 FT TH S 87 D~G 57 MIN E 258.60 FT TH S 0 DEG 09 MIN E 366 FT TO N LI
SAN BDNO AVE T~ N 87 DEG 57 MIN W 258.60 FT TO POB AND EX ST (PER DOC 8-22-83
~193199)
2e
Be
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~ SECRET~KRY OF ~OR'S REHaBILITaTION STrIDeS
9e
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 original
intended purpose.
90.
The distinguishing original qualities or character of a building,
structure, or site, and i~s 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.
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.
PBOPERTY 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:
2e
Dilapidated, deteriorating, or unrepaired structures such as:
roofs, doors, walls, and windows;
fences,
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;
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 inappropriate location.
EXHIBIT
for
CENTRAL PUBLIC SCHOOL
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
2
3
4
TASK
New roof
Repair and repaint inside and outside of structure
Repave and landscape front and back of property
Replace carpet