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HomeMy WebLinkAbout2008/10/08 - Agenda Packet • • THE CITY OF RANCHO CUCAMONGA HISTORIC PRESERVATION COMMISSION AGENDA RANCHO CUCAMONGA OCTOBER 8, 2008 - 7:00 PM Rancho Cucamonga Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER ~ Pledge of Allegiance Roll Call Chairman Fletcher Vice Chairman Munoz Stewart _ Howdyshell _ Wimberly _ II. ANNOUNCEMENTS IIL, . APPROVAL OF MINUTES. Regular Meeting Minutes of September 24, 2008 IV. PUBLIC HEARINGS The following items are public hearings in which concerned individuals may voice their opinion of the related project. 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. A. MILLS ACT CONTRACT DRC2008-00661 -MICHAEL AND MARGARET VIZIO - 7914 ALTA CUESTA DRIVE. THIS ITEM WILL BE FORWARDED TO THE CITY COUNCIL FOR FINAL ACTION AS A CONSENT CALENDAR ITEM V. ~DIRECTOR'S~'REPORTS°, ~ ~,`'.. B. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION TO THE STATE OFFICE OF HISTORIC PRESERVATION DESIGNATING THE CITY OF RANCHO CUCAMONGA AS A CERTIFIED LOCAL GOVERNMENT HISTORIC PRESERVATION COMMISSION AGENDA RANCHO OCTOBER 8, 2008 r,~UCAMONGA Page 2 VI. PUBLIC COMMENTS This rs the time and place for the general public to address the commission. Items to be discussed here are those that do not already appear on this agenda. VII. COMMISSION BUSINESS/COMMENTS V.IPI: ADJOURNiVIENT 1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 2, 2008, at least 72 hours prior to the meeting per Government Code Section 54964.2 at 10500 Civic Center Dnve, Rancho Cucamo a. ~~ Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas and minutes can be found at http:/Ivvww.ci, ra nc ho-c ucamonga.ca. us If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notifcation of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. r1 ~J • Vicinity Map ~ Historic Preservation Commission October 8, 2008 • • Q N Meeting Location: City Hall 10500 Civic Center Drive ~. x~~~~ ~n~ ; `< > c_ °~"> ~- T H E C I T Y O F - - - ' -a-,:c~~ - - R„ANCt1O CUCAMONGA Staff Report DATE: October 8, 2008 TO: Chairman and Members of the Historic Preservation Commission FROM: James R. Troyer, AICP, Planning Director BY: Beth Hartley, Planning Aide SUBJECT: MILLS ACT APPLICATION DRC2008-00661 -MICHAEL J. VIZIO AND MARGARET A. VIZIO - A request to implement the use of the Mills Act to reduce property tax for the Adams House, a historic landmark, located at 7914 Alta Cuesta Drive - APN: 0207-073-09. Related file: Landmark Designation No. 29 per Resolution No. 88-288. • BACKGROUND: A. Historical Significance: The "Adams" home was built in 1935 by Paul and Margaret Adams and designed by Architect, Saul H. Brown. It is a fine example of Spanish Colonial Revival architecture which was popular in California in the 1920s and 1930s. The Adams' were active in community affairs. Paul Adams was the manager of the Cucamonga Citrus Association and later the Alta Loma Citrus Association. The Adams' were among the original locals who began to develop Red Hill in the 1930s as an exclusive neighborhood for well-to-do, established families. B. Site Characteristics: The property sits on a steep slope. Because of its hillside setting, it is somewhat difficult to see from the street but is very visible from the parking lot of the adjacent golf .course. In addition to the house, the site contains a detached 2-car garage, a circular driveway, and thick vegetation consisting of trees, shrubs, and ground cover. The site is zoned Low Residential (2-4 dwelling units per acre). The properties to north and west of the subject site consist of the Red Hill Country Club, and to the south and east is single-family residential development. ANALYSIS A. General: The house was first surveyed in 1987. The single-story home is a "U"-shaped structure of wood and stucco construction. The design features a central courtyard, red the front and • side-gabled roofs, smooth stucco finished walls, exposed eaves, and casement windows with false shutters. Multiple glass panes adorn the wood front door. The courtyard has been finished with red brick and complemented by a tall decorative fence that screens the courtyard from the street. ITEM A HISTORIC PRESERVATION STAFF REPORT DRC2008-00661 -MICHAEL J. VIZIO AND MARGARET A. VIZIO October 8, 2008 Page 2 • A detached, front-gabled garage is located at the front of the structure with a circular driveway. This home retains its original construction, with later additions approved by the Historic Preservation Commission to ensure compatibility with the existing historic structure. B. Landmark Designation: In 1988, the subject site was designated as Landmark Designation No. 29 per Resolution No. 88-288 (Exhibit C). C. .Mills .Act Agreement: In accordance with City policy, the owner has requested a Mills Act Agreement. The draft agreement was reviewed and is attached for reference (Exhibit E). The concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property by retaining its characteristics of historical significance. This intent is encouraged through the reduction of property taxes, enabling the property owner to reinvest money saved from the reduced property tax into necessary improvements. The properties that enter into these agreements are inspected by City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. Property tax savings to the owner could be significant. The exact amounts are dependent upon the County Assessor's property valuation, which is based on income potential and capitalization rate at the time of the assessment. D. Environmental Assessment: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend • approval of Mills Act Agreement DRC2008-00661 to be forwarded to the City Council for final action. Respectfully submitted, ly~ James .Troyer, AICP Planning Director JRT: BH\ma Attachments: Exhibit A -Location Map Exhibit B -Photographs of the Adams House Exhibit C -Landmark Designation No. 29 per Resolution No. 88-288 Exhibit D -Agreement Schedule Exhibit E -Draft Mills Act Agreement • A-2 Red Hi11 Country Club • (NTH 7914 ~ Alta Cuesta J ~l %e m e ~ ~ ~ i ~~ ~~~ ~~ EXHIBIT A ~~ ,Ty ~p., \ ~~ ; ~=`. \ ~; ~, LOCATION MAP MILLS ACT APPLICATION DRC2008-00661 ADAMS HOUSE 7914 ALTA CUESTA DRIVE • U KITCHEN GUEST BEDROOM MASTER BEDROOM GUEST BATHROOM MASTER BATH GUEST BATHROOM • EXHIBIT B A-4 • • • FRONT OF HOUSE COURTYARD AREA REAR OF HOUSE SHOWING DECKING LANDMARK DESIGNATION NORTH SIDE REAR OF HOUSE NOT REMOVE THiB NOTICE ~ R.C ORDINANCE NO 7M OFFICIAL NOTICE DF PUBLIC HEARING ANDIOR ENVIRONIV~ENTAL wi'oiue.is^u +i~ r:..- PUBLIC NOTICE A-5 RESOLUTION N0. 88-288 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAPDNGA, CALIFORNIA, APPROVING HISTORIC LANDMARK N0. 29 TO DESIGNATE THE ^A DAMS HOUSE^ LOCATBD AT 7914 AL TA CUES TA DRIVE AS HISTORIC LANDMARK DESIGNATION N0. 29 WHEREAS, the Historic Preservation Commission has held a duly advertised public hearing to consider all comments on the proposed Historic Landmark Designation No. 29 and issued Resolution No. 88-03 recommending to this City Council that said Historic Landmark Designation be approved. WHEREAS, the City Council has received and reviewed all input from the Historic Preservation Commission regarding said Historic Landmark Designation. SECTION 1: The Rancho Cucamonga City. Council hereby makes the following findings: A. The proposed landmark is particularly representative of an historical period, type, style; region, or way of life. B. The proposed landmark was connected with someone • renowned, important or local personality. C. The overall effect of the design of the proposed landmark ie beautiful or its details and materials are beautiful or unusual. D. The proposed landmark materially benefits the historic character of the neighborhood. E. The proposed landmark in its location represents an established and_ familiar visual feature of the neighborhood community, or city. NOW, THEREFORE, BE IT RESOLVED that the Rancho Cucamonga City Council does hereby approve the Historic Landmark Designation No. 29. PASSED, APPROVED, and ADOPTED this 4th day of May, 1988. AYES: Brown, Buquet, Stout, 'King NOES: None ABSIIdT: Wright U EXHIBIT C A_6 Resolution No. 8~ l8b Page 2 • Dennis L. Stout, Mayor ATTEST: Beverly A. Authelet, City Clerk I, BEVERLY A. AUTHELET, CITY CL ERR of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly ,.passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 4th day of May, 1988. Executed this 5th day of May, 1988 at Rancho Cucamonga, California. • _ 7 / , everly Authelet, City Clerk r ~ U A-7 CITY OF RANCI-10 CUCAMONGA H/BYOB/C PKESE2 VA T/ON M[LLS ACT AGREEMEM SUPPLEMEMAL: "Structure/Property Ten-Year Rehabilitation Timeline" (To be completed by the Appbcant) ~"7~"';r .~`na i6.~~~~.~-.3,.~ .~i;,:S`: ~i.:=_-'S`ra"!;'yr ~.:i `t.,; ..'`s";,, ..~ ,i,~j.Txi: ~'- ~,^,"-':~,_~,,_. ., ., ~..a "ct ~r': Please list the improvements which are intended to take place over the next 10 years. List them in order of owner's priority. YEAR IMPROVEMENT Oo t z - eua wirin i- lu~.bin - tore. ori'n llctcd~.x'tia•3. lmr C o¢, ~x, 2>a.., dz Period N~OV i iG W L1(.µ t~EPC E W IT~F ~ REdPDbJCTW 9F•t INTgR.wC ro- L~-Ta IL 2aVhsQ- Ft~Y~-q<-v> ~ N L I~EZIOI~ -CO 2KTEQ.to ~~ ~6 I.l SG t OATtD SL3t8 tPA-{T{T O CMDJC D 't ¢ 6 Uhl. u/1~'V E~ 2' ^k-EMOtTE A t TY l gy-T~'1~.lOQ. F~cE-+ E"P~. ~N P4~/-s'f' i ' I, D "Q`1-Y~L Q ca9 ~~DOt.» $- 1 L i Ce i o IL~7-TV2t.OL IJOQ.T A~ w20t~H'f- R~ )<fD/+T ~¢TE' 2mou + AI-~.t ~ is F ou D w ~ RGPLRG PLRt~T{{-~reS IMPP~uC' $~Gt-sKL~ '~~c,~ em Li 'u ~(~'. ' - RCPt~c-Ls C'e~'ots~b oN SocrCw St ~' Zc~Pc.HCr3 c-puZ-iN63 QCL e(' 2 2. O 'f-' T'C1M t QCir"O~ 'tf'e-~ pe7Z 5Gµ ~L a* o PcPO E /" D P REVRC~ Y-~v -{e, oeiro'u De1,14-LIU{V6 4LJOM '-`°~1-~ZOC~`~ taGb eS O 5 P - c Te'r iv NSf4-BCC t.~~ 1-L D t, L cR'~-P@-l OWNER CERTIFICATION i~-' ~~°'c~ ""'"' '-""°"'°QD a.[x~ l ~o (~ Pc-Pt.nc-.~'R.~t'A-ti2_ t_-K-Ce(4o2 w PLC-t,~~}Y~5 a G~ob~ OVLV-k5 t to PR--t'to z, e~-F'l niDF~ f~c~,e~~.'bo~ ~ooc'S CorLSl nctLS~ p~ Sc-hcd.~ll f., I certify that I am presen y the legal owner of the subject property. Further, I acknowledge die supplemental information on this form will be used as an exhibit attached the Mills Act Agreement. ~- v ,b ~dL O ,~ \[a~~~,L( 7 ~11 ~~T a ~~ l '- ri- 0 Date: ~ _ ~ ~"og S `~rnatur~~~, V V ~9iy ,~rq cu n9- ~..r~xtiv cvc~mouefl 9«30 * Sec attached Lst for Potential pro~ectsJor constdera tton. * All improvement pro~eas must meet Gty requirements and Secretary oJlnterior's Rehahthtatton Standards. * Improvement proleas rvtll he renewed 6y Planning Sta~'to enswe aPPropnateness. Tye frhRMS ~FpUSE ~H>;~Dmr7-PJ~ ~esi6r~A-rloo QB-a9 - A?caoo8-oo~~i R~XI ct2~~-~~a-o9 • • EXHIBIT D A_8 • 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 5th day of November, 2008, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and Michael J. Vizio and Margaret A. Vizio (hereinafter referred to as the "Owners"). WITNESSETH: 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 Adams House and generally located at the street address 7914 Alta Cuesta Drive, 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 May 4, 1988, the City Council of the City of Rancho Cucamonga adopted its Resolution No. 88-288 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. -1- EXHIBIT E A_9 B. Agreement • NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: Effective Date and Term of Agreement. This Agreement shall be effective and commence bn November 5. 2008, 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 non-renewal 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 ofnon-renewal 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 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 from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Historical Prooerty. 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." -2- A10 • 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 maybe 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 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 herein under. -3- A-11 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: Planning Director To Owner: Michael J. Vizio and Margaret A. Vizio 7914 Alta Cuesta Drive 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. -4- \I A-12 • 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. The Owner shall be responsible for any fees required by the County for recording this Agreement. • 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. -5- A~13 IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year • ' first written above. Dated: By: Dated: By: Dated: By: CITY OF RANCHO CUCAMONGA Donald J. Kurth, Mayor Michael J. Vizio, Owner Margaret A. Vizio, Owner u • -6- A-14 • STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On ,Kathy Scott, Assistant City Clerk of the City of Rancho Cucamonga, personally appeared DONALD J. KURTH, 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. Kathy Scott Assistant City Clerk City of Rancho Cucamonga r 1 LJ r~ LJ -7- A-15 STATE OF CALIFORNIA ) • ss. COUNTY OF SAN BERNARDINO ) On the _ day of , 2008, 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 inhis/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 STATE OF CALIFORNIA ) • ss. COUNTY OF SAN BERNARDINO ) On the _ day of , 2008, 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 inhis/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- A~16 • LEGAL DESCRIPTION for Adams House 7914 Alta Cuesta Drive Rancho Cucamonga, CA 91730 TRACT NO 2386 LOTS 7 AND 8 AND PTN LOT 1 EX BEG AT SW COR TH N ALG W LI SD LOT 55 FT TH NELY TO PT OF INTERSECTION OF N LI LOT 6 WITH NE LI LOT 1 TH SELY ALG NE LI LOT 1 50 FT TO PT OF INTERSECTION OF N LI LOT 1 TH S ALG E LI LOT 1 TO SE COR TH W ALG S LI LOT 1 TO POB EX MINERAL RIGHTS WOSE • Exhibit "A" • -9- A-17 THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS 1. 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. 2. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. 5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by 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. 8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilizatioh, 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. J Exhibit "B-1" -10- A~18 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. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. Stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. • • EXHIBIT "B-2" -11- A-19 STRUCTURALIPROPERTY TEN-YEAR REHABILITATION TIMELINE For Adams House 7914 Alta Cuesta Drive • 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 YEAR TASK 1. 2007 New wiring and plumbing. Restore original hardwood floors and remove and replace interior hardware and lights with period reproductions. Paint interior and exterior. Repair fireplace. 2. 2008 Install period correct exterior awnings. Install screens. Repair patio slab and paint. 3. 2009 Remove paint from original hardware. Remove and replace exterior fence. 4. 2010 Repair and replace garage windows and doors. Add lighting to north exterior. Add wrought iron front gate. 5. 2011 Remove and replace fence on north and back sides. Replace landscape and improve irrigation. 6. 2012 Repair driveway and add lighting to driveway area. Replace fencing on the south side. 7. 2013 Replace ac/heater. Have arborist trim 70 year old trees per schedule. 8. 2014 Improve front parking pad. Replace/repair original parlor and living room windows and doors. 9 2015 Replace carpet in master bedroom and guest bedroom with hardwood. 10. 2016 Replace/repair exterior walkways and adobe bricks in patio. Refinish hardwood floors per schedule. 11. 2017 Check roof for defects and repaint interior and exterior. • • EXHIBIT "C" -12- A-20 ~_~; ~;~,~ ,i\ 'xr ~ .rv~~-' ~~ ~~- ~; -~~ ~~~~' T H E C I T Y O F RANCt10 COCAhtOUCA Staff Report DATE: October 8, 2008 TO: Chairman and Members of the Historic Preservation Commission FROM: James R. Troyer, AICP, Planning Director BY: Mayuko Nakajima, Assistant Planner SUBJECT: REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION TO THE STATE OFFICE OF HISTORIC PRESERVATION DESIGNATING THE CITY OF RANCHO CUCAMONGA AS A CERTIFIED LOCAL GOVERNMENT. BACKGROUND: Becoming a Certified Local Government will help the City further its historic preservation goals by securing and strengthening the City's current practices and encourage the • formation of firm, up-to-date policies within the Historic Preservation Ordinance Update. The program is also in conformance with the 2001 General Plan and with the General Plan Update. A Certified Local Government (CLG) is a local government whose local historic preservation program has been certified pursuant to Section 101 (c) of the National Historic Preservation Act (16 U.S.C. 470). A local government may become a CLG by developing and implementing a local historic preservation program based on Federal and State standards. The CLG program encourages the preservation of resources by promoting a joint venture among local governments, the State of California Office of Historic Preservation (OHP), and the National Park Service (NPS) which is responsible for the National Historic Preservation Program. Each State Historic Preservation Officer (SHPO) develops its own procedures, but the program must meet Federal and State standards. Currently, there are 55 CLGs in California including, neighboring cities such as Riverside, Ontario, Highland, and Pomona. REQUIREMENTS: Under the CLG Program, local governments are required to: 1. Enforce appropriate legislation for the designation and protection of historic properties (i.e. Historic Preservation Ordinance). 2. Establish and maintain a qualified historic preservation commission having a demonstrated interest, competence or knowledge of historic preservation. Selection of members may depend on the expertise and background of members such as professionals from among the fields of: Architecture, history, architectural history, planning, archeology, or some historic preservation disciplines such as urban planning, American Studies, American • Civilization, cultural geography, or cultural anthropology. ITEM B HISTORIC PRESERVATION COMMISSION STAFF REPORT CERTIFIED LOCAL GOVERNMENT PROGRAM October 8, 2008 Page 2 • • At least two members are encouraged to be professionals who meet the qualifications outlined by the Secretary of the Interior; however, local governments can be certified without this minimum professional qualified membership. 3. Maintain a system for surveying and keeping an inventory of historic properties in coordination with its SHPO. 4. Provide for public participation in the local historic preservation program including the process of reviewing and recommending properties for nomination to the National Register of Historic Places. 5. The CLG will adopt a historic preservation plan or element for the City's General Plan. 6. Perform ariy other agreed upon functions delegated to it by its SHPO. Currently, the City of Rancho Cucamonga already fulfills the above requirements with the exception of the functions delegated by a SHPO, which will be addressed accordingly at the time of certification. THE AGREEMENT: A Certification agreement is signed that specifies responsibilities of the CLG and the SHPO. 1. The CLG is to submit an annual report summarizing activities and accomplishments. • 2. SHPO evaluates the performance of the CLG duties as outlined in the agreement at least once every four years. 3. Each commissioner must attend at least one training session that is certified as meeting the requirements of the CLG program each year. BENEFITS: Eligibility to apply for CLG Grants (10 percent of federal Historic Preservation funds to the State must be allocated for distribution among other CLGs) under the National Historic Preservation Act. . 2. Recognition of efforts, professionalism, and expertise by Federal and State agencies. 3. Professional and technical assistance and training from SHPO to local staff and commissions with tools, technical training, and meaningful leadership roles. 4. Participation in nominations to the National Register of Historic Places. 5. Local interests and concerns are integrated into the official planning and decision-making processes at the earliest possible opportunity. 6. Participate in statewide preservation programs and planning PROCEDURES: If the City Council approves and adopts a Resolution to participate in the • program, an application will be submitted to the OHP. When the OHP receives a completed application, it will respond within 45 days and then forward an OHP recommendation for B-2 HISTORIC PRESERVATION COMMISSION STAFF REPORT CERTIFIED LOCAL GOVERNMENT PROGRAM • October 8, 2008 Page 3 certification to the NPS who makes the final certification decision. After the NPS agrees with the recommendation of the OHP, a certification agreement will be prepared and signed by both the OHP and the local government at'which time the local government is considered formally certified. RECOMMENDATION: Staff recommends the Historic Preservation Commission recommend approval by minute action of the participation in the CLG program to be forwarded to City Council for final action. Respectfully submitted, ~ ~~~~~~~ Jam R. Troyer, AICP Plann ng Director JT:MN/ge Attachments: Exhibit A -Sample Certification Agreement • • B-3 Appendix E: Sample Certification Agreement The local government and State of California must execute a Certification Agreement that identifies the specific responsibilities of the local government. This sample document will be prepared by the Office of Historic Preservation and presented to the local government for concurrent signature. Certification Agreement Participant: (name of CLG) Special Provisions: When the CLG is provided with a National Register of Historic Places application to review and make a recommendation that includes archeological resources and there is no archeological discipline on the local commission/board, an archeological expert who meets the Secretary of the Interior's standards will be consulted and a copy of the review forwarded with the recommendation. (The above is a sample of a special provision.) • General Provisions 1. The Participant agrees to execute and administer a program for the identification and protection of historic, architectural, and archeological resources throughout its jurisdiction according to the terms contained in the State of California's "Certified Local Government Application and Procedures' (Procedures), incorporated herein as Exhibit A, as approved by the California Office of Historic Preservation, in compliance with the provisions of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470). A copy of all pre-existing survey and inventory information shall be provided to the SHPO. 2. This agreement shall take effect on the date it is signed by the State Historic Preservation Officer (SHPO), and shall remain in effect unless the Participant requests decertification as a Certified Local Government or is decertified by the SHPO, pursuant to the Procedures. 3. The Participant shall meet the provisions of participation as delineated in the Procedures: enforce appropriate state and local legislation for the designation and protection of historic properties as evidenced by compliance with both CEQA and the local historic preservation legislation; an adequate and qualified historic preservation review commission (Commission) by local law; maintain a system for the survey and inventory of historic properties; provide for adequate public 31 EXHIBIT A B-4 participation in the local historic preservation program, including the process of • recommending properties for nomination to the National Register of Historic Places (National Register); and satisfactorily perform the responsibilities delegated to it by the State. Participants shall also perform additional responsibilities mutually agreed to by the SHPO and local government. 4. The SHPO shall notify the Participant of all nominations for the National Register of Historic Places in the Participant's jurisdiction. Copies of nominations shall be sent to the Participant for review and comment by professional and technical expertise to the extent available in the community and to the Chief Elected Local Official. 5. The Participant shall enforce its historic preservation ordinance and CEQA as it relates to the consideration of cultural resources; a copy of the ordinance format is incorporated herein as Exhibit B; the Participant shall consult with the SHPO for any amendments to said ordinance. 6. The SHPO shall monitor and evaluate the performance of CLGs in accordance with 36 CFR 61.5(e)(5). Therefore, the Participant shall provide to the SHPO an annual report consistent with established guidelines in Appendix C of the Procedures. 7. The Participant and the SHPO shall comply with all applicable laws, rules, and regulations pertaining to the execution and administration of the terms of the Procedures. The SHPO shall inform the Participant of the annual availability of National Historic • Preservation Fund grants, for which the Participant is eligible as a Certified Local Government, to compete. STATE OF CALIFORNIA By State Historic Preservation Officer Date PARTICIPANT By Authorized Representative Date • 32 B-5