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07. Mills Act Agreement 1011 Harvard AvenueFile #: 3374 Claremont City Council Agenda Report TO: TARA SCHULTZ, CITY MANAGER FROM: BRAD JOHNSON, COMMUNITY DEVELOPMENT DIRECTOR DATE: JUNE 23, 2020 SUBJECT: Item No: 7. Reviewed by: City Manager: TS Finance Director: AP HISTORICAL PROPERTY (MILLS ACT) AGREEMENT #20-MA01 BETWEEN THE CITY AND NATHALIE RACHLIN, PROPERTY OWNER OF 1011 HARVARD AVENUE SUMMARY The owner of the property at 1011 Harvard Avenue has submitted a request to enter into a Historic Property (Mills Act) Agreement with the City. The Mills Act is a preservation tool enacted by State legislature to ensure the long-term preservation of eligible historic properties and other significant site features of such properties. In return, property owners receive a reduction in taxes, which in turn helps finance needed repairs and renovations to the property. This Mills Act contract request differs from most because the property is already under construction to complete a major renovation and additions that were approved by the Architectural Commission in June 2019. The approved work includes demolition of a historically inconsistent addition at the rear of the home and construction of a new architecturally and historically appropriate addition, a new pool house, and a new detached garage. Much of this work cannot be funded through a Mills Act contract; however, the project also includes detailed restoration of the home's original wood siding, windows, flooring and trim, and seismic strengthening of the original foundation and roof. The work designated to satisfy the requirements of the Mills Act contract has yet to be completed and fulfils the cost requirements of the contract. Staff has reviewed the application and finds that each of the required criteria for entering into a Mills Act agreement, as established by the City Council, can be met. In addition, the Architectural Commission has reviewed the proposed Mills Act Contract (Attachment A) and associated scope of historic preservation -related work and recommends City Council approval. CLAREMONT Page 1 of 8 Printed on 6/18/2020 RECOMMENDATION Staff recommends that the City Council approve a Historical Property (Mills Act) Agreement between the City of Claremont and Nathalie Rachlin, property owner of 1011 Harvard Avenue. ALTERNATIVES TO RECOMMENDATION In addition to staffs recommendation, there are the following alternatives: A. Continue the discussion and request additional information. B. Make revisions to the proposed Mills Act Agreement and approve the agreement as revised. C. Deny Mills Act Agreement #20-MA01. FINANCIAL REVIEW The costs associated with the review of this application have been borne by the applicant. Upon approval of a Mills Act historical property contract, the value of the subject property is reassessed based on a formula that considers the rental income that could be expected from the property, the Federal home loan interest rate, a historic property risk component, and an amortization component to result in a special Mills Act capitalization rate. The total tax savings for the property owners is determined by using the formula outlined in Attachment B, which also estimates the anticipated tax savings for the property owners/applicants. Attachment B also includes an estimate of the anticipated tax savings for the owner and the loss in tax revenue to the City if the agreement is approved. The calculations estimate a potential tax savings to the owners of $8,675 per year ($86,751 over ten years), and a potential loss to the City in tax revenue of $1,006 per year. In addition to the loss of revenue to the City, the contract will also result in a loss of tax revenue to the other local, regional, and State agencies and districts that receive a portion of property taxes paid for the property. With approval of a Mills Act contract, the value of property tax savings must be put towards the scope of work ("Schedule of Improvements") identified in Exhibit C to the Mills Act contract (Attachment A) to preserve or rehabilitate the historic character defining elements of the property, and ensure its ongoing historical and structural integrity. Approval of a Mills Act contract will also result in a loss of tax revenue to the City. This loss represents the City's contribution to ensuring the property's preservation for the benefit of the community. ANALYSIS Background What is the Mills Act? The Mills Act is a preservation tool created by the California State Legislature in 1972 to encourage the preservation and restoration of historic properties. The act enables cities to enter into historical property agreements with owners of qualifying properties to reduce owners' property taxes in order to incentivize investment in their historic property. While resulting in some lost tax revenue, the agreements provide benefits to cities in that they ensure preservation, high-quality rehabilitation and maintenance of historic properties that represent important cultural resources. CLAREMONT Page 2 of 8 Printed on 6/18/2020 As provided for by State law, the Mills Act is administered and implemented by local governments. Mills Act contracts are executed between the property owner and the local government granting the tax reduction. Cities have considerable discretion in evaluating Mills Act requests and are not mandated to approve historical property agreements. Each local government establishes their own eligibility criteria, application procedures, and the number of contracts to allow within their jurisdiction. The California Office of Historic Preservation (OHP) does not participate in the contract negotiations, is not a signatory to the contract and has no authority over the administration of the Mills Act program. City's Mills Act Program In October 2000, the City Council approved procedures and review criteria for agreements for properties in Claremont. Initially, the program was restricted to historic properties suffering severe deterioration and in danger of near-term demolition or eventual demolition due to long term neglect. In January 2009, the City Council revised the review criteria to include all residential properties listed in the City's Register of Structures of Historic and Architectural Merit of the City of Claremont (Register). In addition, the City Council limited the maximum number of Mills Act contracts that can be approved to six per year. On October 9, 2012, the City Council amended the program once more to provide clarification to one of the review criteria, and to establish an annual compliance review fee. These newly revised criteria and procedures are included as Attachment C (City Council Resolution 2012-75). Property Description The subject property is located in the Historic Claremont (HC) zoning district and features a General Plan Land Use Designation of Residential 6. The Claremont Municipal Code (CMC) calls for the preservation of the variety of building styles present in the HC zoning district, the existing scale and density of the neighborhood's structures and its attractive streetscapes. The subject property, which consists of three contiguous parcels, is located at the northwest corner of the intersection of Tenth Street and Harvard Avenue, and occupies the entirety of the area between Tenth Street and the mid -block alley to the north (an application for the voluntary merger of three parcels, all held by the same property owners is being processed by City staff). The subject property is almost square in shape with a lot depth of 140'-0" and a lot width of 152'-0" resulting in a total lot size of 21,280 -square feet. The large property anchors the block on which it is located and features a large American Foursquare Colonial Revival home built early in Claremont's history in 1905. The home was built for C.C. Johnson on a 40 -acre plot that encompassed the area between Tenth Street and Foothill Boulevard, and Indian Hill Boulevard and a line half -way between Harvard and College Avenues to the east. The 40 -acre plot was subdivided to become the "C.C. Johnson addition to Claremont" noted in the legal descriptions of the subject property and those around it. Much later, the home's fagade was prominently featured as Maude's home in the popular 1970's sitcom "Maude." As one of the City's oldest residential structures, the property is listed on the Register of Structures of Historic and Architectural Merit of the City of Claremont (Register). The Historic Resources Inventory sheet for the property, Attachment D, describes the home as "complex" noting its hipped roof with exposed rafters and 3 -foot eave overhang, smooth painted wood siding, stone foundation, and two- story freestanding porches both having distinctive relief pediment carvings, and fluted pillars. The Register also notes the existing multi -light window for the home's living room near its southeast CLAREMONT Page 3 of 8 Printed on 6/18/2020 corner. The home and property's character defining features are listed in Attachment E - Character Defining Features. These character -defining features are intact and are highly visible, allowing the home to continue conveying its historic significance at this prominent location in the heart of Historic Claremont. However, the rear of the home features a 1970s porch conversion and addition that lacks the architectural quality and interest of the original portions of the home. This addition features an inconsistent variety of window and door types that are incompatible with the historic front portions of the home. In June of 2019, the Architectural Commission approved plans for the renovation of and addition to the historic home. The approved plans also include a new accessory dwelling unit/pool house located near the southwest corner of the large property and a new detached two -car garage located near the northwest corner of the property (not part of the proposed Mills Act request). The approved plans include the demolition of rear additions to the home that were inconsistent with the historic character of the home and featured low quality windows. The approved first and second story additions closely replicates the footprint of the now -demolished additions and are more in keeping with Four Square shape of the home, while carrying the home's historic character -defining features around to all sides of the addition. Work approved for the interior of the home would both bring it closer to the home's original historic character and would modernize the home, enhancing its livability and extending its life. The City issued a building permit for the project and construction of the project is underway. As of the writing of this report, the rear additions have been demolished and original wood windows have been removed, and stored so that they may be reconditioned for use on the addition. Proposed Work Plan The purpose of the proposed Mills Act Contract is to support the construction of the approved renovation and addition project. This proposal differs from most of the City's active Mills Act contracts, where historic properties are incrementally improved as projects addressing various parts of the property are completed from year-to-year of the Mills Act contract term. With the same objective of preserving and rehabilitating the home's character defining features, making the home more consistent with its original historic character, and/or enhancing the structural integrity of the historic home, this Mills Act contract scope of work would essentially cover the most relevant portions of the significant renovation and addition project that remain to be completed following the approval and signing of the Mills Act Contract. Mills Act contracts cannot retroactively cover work already completed. The applicant worked with staff and Claremont Heritage to break down the various components of the broader project into categories in order to properly relate them to the various Mills Act criteria. The proposed Mills Act scope of work is detailed in Exhibit C to Attachment A - Schedule of Improvements and is depicted on the plans approved by the Architectural Commission in 2019. All of the work proposed to be included under the Mills Act Contract would be completed over the rest of 2020 and into the beginning of 2021. Qualifying Criteria Pursuant to Section 130 of City Council Resolution No. 2012-75, a historical property contract may be approved only if all the following criteria are met: A. The subject property meets the eligibility requirements for a Mills Act contract pursuant to California Government Code Section 50280.1 in that it is a privately owned property which is CLAREMONT Page 4 of 8 Printed on 6/18/2020 not exempt from property taxation, and is listed on the National Register of Historic Places, located in a National Register or local historic district, listed in a state or county official register of historic or architecturally significant sites, places or landmarks, or listed in the Register of Structures of Historic and Architectural Merit of the City of Claremont. B. The subject property contributes significantly to the quality, diversity, historical interest, and ambience of the community. C. Significant features that defined the historical character of the subject property, and its buildings have not been destroyed or can be restored based on documentary, physical, or pictorial evidence. D. The owner of the subject property proposes to make improvements that are related to preservation and/or rehabilitation of character defining elements and/or historical and structural integrity of the property. Additionally, the cost of such improvements must be equal to or greater than the expected property tax savings for the first ten years, which needs to be distributed into two five-year periods. E. The subject property is residential. Staff Evaluation Staff finds that the subject property meets each of the qualifying criteria as follows: A. The subject property is privately owned by the applicant (Nathalie Rachlin), and is not exempt from property taxation. The subject property is also listed in the Register of Structures of Historic and Architectural Merit of the City of Claremont. B. The subject property contributes significantly to the quality, diversity, and historical ambience of the community. Prominently located on Harvard Avenue in the heart of the Historic Claremont residential zoning district, one of Claremont's oldest residences stands out and continues to convey its historic and architectural significance, contributing to the ambiance of its surroundings. C. The significant character -defining features of both the exterior and interior of the subject property have not been destroyed. A number of the proposed work items, such as repairing and repainting the home's exterior siding and original wood windows, and installing new tile flooring as well as new maple wood flooring would enhance the property's character -defining features. D. All improvements proposed by the applicant are related to either the preservation and/or rehabilitation of character defining elements, or the structural and historical integrity of the property, and the estimated cost of these improvements exceed the expected property tax savings. The estimated costs were reviewed by the City's Building Official, who finds that they are reasonable given the proposed scope of work. The details of the planned improvements are listed in the Schedule of Improvements (Exhibit C to Attachment A). In completing the proposed work items with the benefit of a historical property contract, the property's ability to continue contributing to the historical interest and ambiance of the Claremont community will be enhanced. The applicant has proposed a sensible work plan that CLAREMONT Page 5 of 8 Printed on 6/18/2020 would help ensure the home's long-term livability, restore some of its key historic features, and make portions of the home more consistent with its original historic character. Some of the proposed work items can be characterized as rehabilitation and preservation of the home's character defining features. These include the work proposed for the roof, where any instances of dry rot would be addressed, the repairs to the original windows and the repainting of their exterior trim, and the addition of new maple tongue -and -groove wood flooring to match other wood flooring found in the house. Other proposed work would improve the long-term livability of the historic home. The proposed fortification of the home's foundation would improve the seismic safety and structural integrity of the historic home, while proposed improvements to the home's plumbing and electrical wiring would modernize the home, making it safer and more usable for the property owner and future residents. Based on estimates provided by the applicant, the total cost of the proposed scope of work is approximately $220,000, almost three times the estimated savings of $86,751 that would result from the historical property contract over a ten-year period. With the signing of the historical property contract, the applicant would be required to invest the avoided property tax into the work outlined in the Schedule of Improvements. Additionally, based on the proposed scope of work, the applicants would be contributing more of their own funds into the proposed work than they would be saving through their reduced property taxes. The full scale of the improvements being made to the home and property are shown in Attachment F, along with approved architectural plans for the home as well as two detached accessory structures. These plans also include several photos of the existing home and some of its architectural details. E. The subject property is a single-family residential property. Planning staff and the Executive Director of Claremont Heritage, David Shearer, have inspected the house and property, and have had discussions with Mrs. Rachlin regarding the planned improvements to the property. Claremont Heritage supports awarding a Mills Act contract for the subject property. COMMISSION REVIEW The Architectural Commission reviewed and voted unanimously to recommend approval of the agreement on May 13, 2020. The Commission's resolution and an excerpt of the meeting minutes are Attachments G and H, respectively. LEGAL REVIEW The City Attorney has reviewed and approved the proposed Historical Property Agreement. RELATIONSHIP TO CITY PLANNING DOCUMENTS Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents and finds the following: General Plan - This item furthers many General Plan goals and policies such as: CLAREMONT Page 6 of 8 Printed on 6/18/2020 • Retain and celebrate Claremont's rich history and heritage, as evidenced through its development patterns, buildings and building materials, landscaping, street treatments, parks and open space, and civic architectures (Goal 2-14). • Continue to protect architectural, historical, open space, environmental, and archaeological resources throughout the City (Policy 1-14.1). • Continue to encourage pride in the quality and character of historic areas (Policy 1-14.3). • Continue to support the retention and/or adoptive reuse of existing residential, commercial, and industrial buildings where possible, particularly structures listed on the Register of Structures of Historical and Architectural Merit of the City of Claremont (Policy 1-14.5). • Strive to prevent the demolition of structures listed on the Register of Historical and Architectural Merit of the City (Policy 1-14.6). • Explore and evaluate different approaches to protect and enhance historic resources throughout the community (Policy 1-14.9). 2019-20 Budget - If approved, this item will not impact the 2019-20 Budget as the property tax relief for the property owners would not be effective until the 2020-21 tax cycle. This item meets the Community Development Department Work Plan Goal CD -2: Continue implementation of the General Plan. Sustainability Plan - This item complies with the Sustainability Plan's Housing and Economic Sustainability Goals 6.2: promote neighborhood identity and conservation of individual neighborhood character and Goal 6.3: Retain Claremont's history and heritage. CEQA REVIEW The proposed scheduled improvements within the contract are exempt from environmental review under CEQA Guidelines Sections 15301 and 15302. The Class 1 exemption (CEQA Guidelines Section 15301) allows for the operation, maintenance, repair, or minor alteration of existing public facilities or mechanical equipment, with negligible or no expansion. The Class 2 exemption (CEQA Guidelines Section 15302) allows for the replacement or reconstruction of existing facilities involving negligible expansion of capacity. This item involves the maintenance, repair, minor work or replacement of existing facilities. The proposed scheduled improvements within the contract are also categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331 in that these improvements are for the restoration and rehabilitation of a historical resource, will be conducted in a manner consistent with the Secretary of the Interior's Standards of the Office of Historic Preservation of the Department of Parks and Recreation, United States Secretary of the Interior's Guidelines for Rehabilitation of Historic Properties, and the State Historical Building Code and will be subject to applicable City permitting requirements. None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines Section 15300.2 applies to the proposed project because the proposed project: (1) is not located in a uniquely sensitive environment; (2) is not located within a highway officially designated as a State CLAREMONT Page 7 of 8 Printed on 6/18/2020 scenic highway; (3) is not located on a hazardous waste site; (4) would not have a cumulative impact; and, (5) would not have a significant adverse change in the significance of a historical resource. Therefore, the exemption applies and the exceptions do not. No further environmental review is necessary. PUBLIC NOTICE PROCESS Due to the current health orders related to the COVID-19 pandemic, parts of the City's regular agenda distribution process have been suspended as public review copies cannot be placed at their regular locations due to facility closures, or limited access. The agenda and this staff report are available on the City's website. If you desire a paper copy, please contact the City Clerk's office. Submitted by: Prepared by: Brad Johnson Christopher Veirs Community Development Director Principal Planner Attachments: A - Mills Act Agreement (#20-MA01) B - Sample Calculation Estimated Tax Savings C - Adopted Procedures for Review and Approval of Historic Property Contracts D - Local Register Form 1011 Harvard Ave E - Character Defining Features F - Approved Plans #19-A01 - Including Photos of Existing Residence G - Excerpt of the 5/13/20 Architectural Commission Meeting Minutes H - Architectural Commission Resolution - 2020-06 - Mills Act 1011 Harvard Avenue CLAREMONT Page 8 of 8 Printed on 6/18/2020 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF CLAREMONT Attn: City Clerk, City of Claremont 207 Harvard Avenue P.O. Box 880 Claremont, CA 91711 HISTORICAL PROPERTY (MILLS ACT) AGREEMENT THIS AGREEMENT is made this between the CITY OF CLAREMONT, a ("City") and Nathalie Rachlin, owner of Claremont ("Owner"). day of municipal corporation real property located RECITALS ATTACHMENT A , 2020 by and of the State of California at 1011 Harvard Avenue, WHEREAS, the City Council of the City of Claremont ("City Council") is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act") to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, on October 24, 2000, the City Council adopted Resolution No. 2000-157 establishing review criteria and procedures for historical property (Mills Act) contracts to encourage historical preservation, and on January 13, 2009, the City Council adopted Resolution No. 2009-04 expanding the review criteria for historic property (Mills Act) contracts; and WHEREAS, on October 9, 2012, the City Council adopted Resolution No. 2012-75 amending the review criteria for historic property (Mills Act) contracts that supersedes Resolution Nos. 2000-157 and 2009-04; and WHEREAS, Owner possesses fee title interest in real property, together with associated structures and improvements thereon, generally located at 1011 Harvard Avenue within the City and more particularly described in Exhibit A hereto attached and made a part hereof ("the Property"); and WHEREAS, the Property is a qualified historic property within the meaning of Government Code Section 50280.1, in that it is a privately owned property which is not exempt from property taxation and is listed in the Register of Structures of Historical and Architectural Merit of the City of Claremont; and contains the character defining elements described in Exhibit "B"; and WHEREAS, all of the required criteria of Section 130 of City Council Resolution No.2012-75 are met; and WHEREAS, both Owner and City, for their mutual benefit, desire to protect and preserve the Property so as to retain its characteristics of historical and architectural significance. AGREEMENT NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows: 1. AUTHORITY: This Agreement is made pursuant to California Government Code Sections 50280-50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2, of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes. 2. TERM: This Agreement shall be effective commencing on the date of this Agreement and shall remain in effect for a period of ten years therefrom. Such term shall be renewed pursuant to the provisions of paragraph six below. 3. PRESERVATION OF PROPERTY: During the term of this Agreement, the Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Property, and, where necessary, restore and rehabilitate the Property and its character defining features, in accordance with the regulations of the Claremont Municipal Code Chapter 16.300 and in conformance with the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, United States Secretary of the Interior's Standards for Rehabilitation of Historic Properties, and the State Historical Building Code. b. Prior to commencing work on physical changes to the property, Owner shall notify the Director of Community Development to ensure that the changes comply with all applicable standards and regulations. All significant exterior building and site changes, and changes to the interior character defining features described in Exhibit "B" shall be subject to prior review by the City. c. Owner shall obtain building permits for all permitted work prior to commencing work. When applying for building permits, Owner shall inform Building Division staff that the Property is under a Mills Act contract so that the City can be assured all work will be done in the manner required by the City and federal historic preservation standards. d. Owner agrees to make several improvements to the Property and shall complete this work in accordance with the attached schedule of home improvements, drafted by Owner, attached hereto as Exhibit "C." In addition, the cost of these improvements shall be equal to or greater than the property tax savings received for the first ten years. The cost of these improvements may be distributed over two, five-year periods. e. Owner shall maintain all buildings, structures, yards and other improvements in a manner that does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: IVA i) Dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls, and windows; ii) Storage of scrap lumber, junk, trash or debris visible from adjacent properties and the public right-of-way; iii) Outside storage of abandoned, discarded or unused objects or equipment visible from adjacent properties and the public right-of-way; iv) Stagnant water or excavations, including pools or spas; v) Any device, decoration, design, structure or vegetation, which is unsightly by reason of its height, condition, or its inappropriate location. f. Owner shall agree to periodic public access to Property for a limited tour or special event in coordination with Claremont Heritage or other community group. The first such event may occur within approximately five years from the date of this Agreement, and subsequent events may occur approximately once every five to eight years thereafter. g. Owner shall not be held responsible for replacement of the historic structures if damaged or destroyed through "Acts of God" such as flood, tornado, lightning, or earthquake. h. Appeals under this Section shall be made to the Architectural Commission pursuant to the City's standard appeal procedures set forth in the Claremont Municipal Code, Chapter 16.321. 4. FURNISHING OF INFORMATION AND ANNUAL COMPLIANCE REVIEW FEE: Owner shall furnish City any and all information requested by City, which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. This shall include an annual letter from Owner describing the home improvements completed during the previous year, along with other necessary documentation (i.e. pictures, receipts). In addition, Owner shall furnish City the required annual compliance review fee, which is calculated at 2.2 hours of staff time at the prevailing hourly rate approved by the City Council. 5. INSPECTIONS: Owner agrees to permit examinations of the interior and exterior of the Property by representatives of the City, County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine Owner's compliance with this Agreement. Such examinations shall be scheduled by appointment in advance, with a mandatory examination being performed every five years along with periodic examinations on an as -needed basis. 6. AUTOMATIC RENEWAL: On each anniversary date of this Agreement, one year shall be automatically added to the then -remaining term of this Agreement, unless notice of nonrenewal is given pursuant to the provisions of Paragraph 7 below. 7. NOTICE OF NONREWAL: If, in any year, either Owner or City desire not to renew the Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner at least 90 days, or by City at least 60 days, prior to the renewal date, one year shall automatically be added to the term of this Agreement. Upon receipt by Owner of the notice of nonrenewal 991! from City, Owner may make written protest to the City Council. At any time prior to the renewal date, City may withdraw its notice to Owner of nonrenewal. 8. EFFECT OF NOTICE NOT TO RENEW: If, in any year, either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the original ten-year term or, if applicable, until the date that is ten years after the effective date of the last renewal, whichever is later. Thereafter, this Agreement shall terminate. 9. CANCELLATION: City may cancel this Agreement if City determines that the Owner have breached any of the conditions or covenants of the Agreement, or have 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 Owner have failed to timely restore or rehabilitate the Property in the manner specified in this Agreement. 10. NOTICE OF CANCELLATION: This Agreement may not be canceled pursuant to paragraph nine above until after City has given notice of, and has held, a public hearing as required by Governmental Code Section 50285. 11. CANCELLATION FEE: If City cancels this Agreement in accordance with paragraph nine above, Owner shall pay a cancellation fee of 12'/2% of the full value of the Property at the time of cancellation. The full value shall be determined by the County Assessor, without regard to any restrictions imposed on the Property pursuant to this Agreement. The cancellation fee shall be paid to the State Controller at such time and in such manner as the Controller shall prescribe and shall be deposited in the State General Fund. 12. NOTICES: All notices required by or provided for in this Agreement shall be given in writing and may be mailed or delivered in person. If mailed, notice by mail shall be deemed to have been given upon deposit of notice in the mail, postage prepaid, addressed as appropriate, to Owner at Owner's last known address on City's records, or to City at P.O. Box 880, Claremont, CA 91711, Attention: City Clerk. 13. NO COMPENSATION: Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the Property's assessed value on account of the restrictions required for the preservation of the Property. 14. EMINENT DOMAIN PROCEEDINGS: In the event that during the term of this Agreement, the Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, the Agreement shall be canceled and no fee shall be imposed pursuant to paragraph 11 hereof. In such event, this Agreement shall be deemed null and void for all purposes of determining the value of the Property so acquired. If, subsequent to the filing of any action in eminent domain, the proposed condemnation is abandoned by the condemning agency as to all or a portion of the Property subject to the Agreement, the restriction on the use of the Property included in this Agreement shall without EI further agreement of the parties, be reinstated and the terms of this Agreement shall be in force and effect. 15. REMEDIES AND ENFORCEMENT OF AGREEMENT: In lieu of, and/or addition to, any provisions to cancel this Agreement herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event that it is determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for unenforceability arising from the cancellation of nonrenewal of this Agreement, for any tax year during the term or any renewal of this Agreement, then this Agreement shall be null and void and without further effect and the Property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement, without any payment or further act of the parties to the Agreement. 16. 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, employees, representatives, and volunteers harmless from, liability for damage or claims for property damage which may arise from the direct or indirect use of operations of Owner and those of their contractors, subcontractors, agents, employees and other persons acting on their behalf which relate to the use, operation and maintenance of the Property. Owner hereby agree(s) to and shall defend the operation and maintenance of the Property. Owner hereby agree(s) to and shall defend City and its elected officials, officers, agents, employees, representatives, and volunteers with respect to any and all actions for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied or approved the plans, specifications or other documents for the Property. 17. NOTICE OF RECORDATION OF AGREEMENT: No later than 20 calendar days after the parties execute and enter into the Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of Los Angeles, and shall submit a certified copy of this Agreement to the County Assessor's Office. Owner or their agent shall provide written notice of the Agreement to the State Office of Historic Preservation within six months of entering into the Agreement. 18.SUCCESSORS AND ASSIGNS: This Agreement is binding upon Owner's successors and assigns in interest or title to the Property. A successor in interest or title shall have the same rights and obligations under the Agreement as Owner. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the 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. 1671 19. NONWAIVER: No acts or admissions by City, or any agent(s) of City shall constitute a waiver of any or all of City's right under this Agreement. 20.AMENDMENTS: This Agreement may be amended in whole or in part, only by a written recorded instrument executed by the parties hereto. 21.ATTORNEY'S FEES: In the event legal proceedings are brought by any party or parties hereto, for breach of this Agreement, or to compel conformance under this Agreement, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding shall be entitled to an award of reasonable attorneys' fees and costs in addition to all other relief to which it may be entitled. IN WITNESS WHEREOF, the parties have executed this Agreement on the date shown below, but this Agreement is effective as of the date and year first above written. DATE: Property Owner: Nathalie Rachlin Property Owner DATE: THE CITY OF CLAREMONT APPROVED AS TO LEGAL FORM: City Attorney By Tara Schultz City Manager 9.1 ACKNOWLEDGEMENTS A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , before me, , Notary Public, personally appeared NATALIE RACHLIN, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Notary Public IV! STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , before me, , Notary Public, personally appeared TARA SCHULTZ, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Notary Public IBI EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The Property is located at 1011 Harvard Avenue in the City of Claremont, County of Los Angeles, State of California, and is more particularly described as follows: LOTS 4, 5 AND 6 IN BLOCK 8 OF C.C. JOHNSON'S ADDITION TO CLAREMONT, IN THE CITY OF CLAREMONT, AS PER MAP RECORDING IN BOOK 4 PAGE 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. EXCEPT THE WEST 20 FEET THEREOF Parcel Numbers: 8309-012-004, 8309-012-005, 8309-012-006 &0Z EXHIBIT B CHARACTER DEFINING ELEMENTS OF PROPERTY —1011 Harvard Avenue Significant Exterior Features • Front porch and portico with fluted columns 0 Carved relief pediments above the porch and second story patio • Tongue -in -groove redwood V -joint exterior siding 0 Original wood front door • Native stone foundation 0 Classic "four-square" design • Mature Oak Trees and Eucalyptus Siqnificant Interior Features 0 Original double -hung wood windows • Multi -light wood picture window on southside living room/library 0 Original fireplace in living room/library • Wood floor and ceiling molding 0 Coved ceilings 51111 EXHIBIT C SCHEDULE OF IMPROVEMENTS — 1011 Harvard Avenue DESCRIPTION OF IMPROVEMENTS Note: Unlike many of the City's active Mills Act contracts, the intent of this Mills Act contract is to help support the renovation of and addition to the existing historic residence, approved by the Architectural Commission on June 12, 2019. Overall the project rehabilitates and enhances the historic structure's character -defining features, improves the historic integrity of the home by removing non -historic additions, and reinforces the structural integrity of the home. Construction of the project commenced in early 2020 and will be completed in early 2021. Work completed prior to the recordation of the Mills Act will not be eligible for inclusion in this Schedule of Improvements. Work pertaining to the preservation and/or rehabilitation of character defining features and/or Work that enhances the historical integrity of the property - Restore carved relief pediments above porch and second story portico - Restore fluted columns on porch and portico - Replace asphalt comp shingle roof and replicate historic rafter tails for new portions of the roof over the addition - Repair and repaint original tongue -in -groove wood siding - Extend native field stone foundation around all sides of building - Renovate original front interior rooms on first and second floors - Recondition and reuse original double -hung wood windows and doors - Retain and restore original tile surround of library fireplace - Utilize historically consistent wood windows for the addition, including matching wood multi -light picture window - Utilize historically appropriate wood doors for the addition - Replicate original moldings, casings and trim detail in the addition - Install hardwood flooring consistent with original hardwood flooring in all rooms except bedrooms and bathrooms - Replace all non -original bathrooms using period -appropriate tile and fixtures - Install period appropriate plumbing fixtures and lighting fixtures - Replace non -original kitchen using period -appropriate moldings, cabinets and plumbing fixtures Work that enhances the structural integrity of the historic property - Earthquake retrofit and repair of old native fieldstone foundation - Replace roof and install insulation - Add structural reinforcements such as sheer panels and hold-downs - Re -paint interior of the home - Upgrade all utilities to current standards — HVAC, electric, plumbing & gas Sol ATTACHMENT B Calculation of Estimated Reduced Property Taxes for Properties Subject to Historical Property Contracts Address: 1011 Harvard Ave Current Property Owner: Natalie Rachlin Upon approval of a historical property contract, the county assessor determines the reasonable expected yield by analyzing rental income of similar properties in the area or, if available, what the property would yeild under prudent management. Reasonable expected yield for income-producing property is based on rents actually received and typical rents received for similar property in similar use, less maintenace and operating expanses. The Mills Act capitalization rate is calculated by adding four component percentages including: An interest rate based on the Federal Home Loan Bank rate (as published by State Board of Equalization) on conventional mortgages (3.8% for (March 2020) The historical property risk (4% for owner -occupied single-family dwellings) A percentage equal to the reciprocal of the remaining life of the structure. The typical remaining life for a wood frame building is 20 years (1/20 = 5%) and for masonry building is 50 years (1/50 = 2%); however, typical remaining life for most buildings is 50 years (1/50 = 2%) if adequate care is applied. The percentage of the tax rate times the assessment ratio (typically 1 %). The Capitalization Rate is used to calculate the estimated annual savings to the homeowner and estimated annual cost to the City, as noted in the table below: Existing Property Value Calculations $1,217,000 County Assessed Value $12,170 Property tax (1 % of value) $1,412 Claremont's share of property tax (11.6% of property tax) Estimated Rental Calculations $3,500 Estimated monthly rent $42,000 Annual rent $3,500 Annual rent expenses (M&O costs) $38,500 Annual rent less expenses Capitalization Rate 3.80% Federal home loan interest rate (January 2020) 4.00% Historical property tax 2.00% Amortization - 50 year life 1.00% Tax rate 10.80% Capitalization rate New Property Value Calculation Under Mills Act Contract $356,481 New estimated property value (Annual rent less expenses/capitalization rate) $7,000 Homeowner's Exemption $349,481 Taxable Value $3,495 New estimated property tax (1 % of new taxable value) $8,675 Owner's annual savings $86,751.85 Owner's savings for first 10 years $405 Claremont's share of reduced property tax (11.6% of new property tax) $1,006 Estimated annual loss to Claremont Notes This Calculation does not include any special assessment district fees included in annual tax This Calculation is an estimate, and is for a reference purpose only ATTACHMENT C RESOLUTION NO. 2012-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLAREMONT AMENDING THE CITY'S PROCEDURES AND CRITERIA FOR APPROVAL OF HISTORICAL PROPERTY (MILLS ACT) CONTRACTS. WHEREAS, the City of Claremont ("City") has established a policy of historic preservation by addressing historic preservation as part of the City's General Plan; and WHEREAS, as set forth in the Land Use, Community Character, and Heritage Preservation, the City recognizes the importance of conserving and safeguarding the City's cultural, architectural, and historical resources that contribute to the special and unique character of the City, and create a recognizable identity for the community; and WHEREAS, the Historic Preservation Element sets forth the following goal and policies: Goal 2-14 Retain and celebrate Claremont's rich history and heritage, as evidenced through its development patterns, buildings and building materials, landscaping, street treatments, parks and open space, and civic architecture. Policy 1-14.1 Continue to protect architectural, historical, open space, environmental, and archaeological resources throughout the City. Policy 1-14.3 Continue to encourage pride in the quality and character of historic areas. Policy 1-14.5 Continue to support the retention and/or adoptive reuse of existing residential, commercial, and industrial buildings where possible, particularly structures listed on the Register of Structures of Historical and Architectural Merit of the City of Claremont. Policy 1-14.6 Strive to prevent the demolition of structures listed on the Register of Historical and Architectural Merit of the City. Policy 1-14.8 Continue to offer historic preservation tools such as the Mills Act. Policy 1-14.9 Explore and evaluate different approaches to protect and enhance historic resources throughout the community; and WHEREAS, the State of California enacted the Mills Act (California Government Code Section 50820, et seq.) to allow cities to enter into contracts with owners of "qualified historical property" to preserve historical properties by reducing property taxes; and WHEREAS, Mills Act contracts provide a benefit to the City in helping to ensure that important community resources are preserved and/or restored, and to help carryout the goals and policies of the City's General Plan; and WHEREAS, in October, 2000, the City Council adopted Resolution 2000-157 that established a procedure and qualifying criteria for historical property contracts, which included a criteria that limited the number of properties that qualified for historical property contracts; and Resolution No. 2012-75 Page 2 WHEREAS, in January 2009, the City Council adopted Resolution 2009-04, which expanded the criteria for historic property contracts in order to encourage additional Mills Act contracts that will help to advance the City's historic preservation goals and policies, and to restrict the number of Mills Act contracts to no more than six per calendar year in order to limit the fiscal impact the Mills Act contracts will have on the City; and WHEREAS, the City Council retains the final authority to approve, deny, or modify any Mills Act contract recommended by the Architectural Commission; and WHEREAS, on February 29 and September 12, 2012, the Architectural Commission reviewed and analyzed the current procedures and criteria for the Mills Act Program, and adopted Resolution 2012-12 recommending approval to the City Council to amend the existing program to incorporate an annual review fee to recover the cost of staff time associated with annual reviews for contract compliance, which is calculated at 2.2 staff hours at the prevailing hourly rate approved by the City Council (current rate is $98.50 making the annual review fee $217), and to modify Criteria D to state that the proposed improvements be related to the preservation and/or the rehabilitation of character defining elements and/or historical and structural integrity of the property. Additionally, the cost of such improvements must be equal to or greater than the expected property tax savings for the first ten years, which needs to be equally distributed into two five-year periods; and WHEREAS, on October 9, 2012, the City Council fully reviewed the subject matter at its regular meeting. NOW, THEREFORE, THE CLAREMONT CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. The City Council has determined that amendment of procedures for approval of Mills Act contracts is not a project defined by Section 15378 of the California Environmental Quality Act (CEQA) guidelines. Therefore, no further environmental review is necessary. SECTION 2., The procedure and qualifying criteria for approval of historical property contracts are amended to read as follows: PROCEDURES FOR REVIEW AND APPROVAL I OF HISTORICAL PROPERTI ,MILLS ACT) CONTRACTS 110 PURPOSE OF MILLS ACT In 1976, legislation was adopted in California that created an alternative method for determining assessed value of certain qualified historical properties. Commonly referred to as the Mills Act, the law provides an income -based tax formula for eligible properties subject to historical property contracts (Article 12, commencing with Section 50280, of Chapter 1, Part 1 Division 1, Title 5, of the California Government Code). Resolution No. 2012-75 Page 3 The use of the Mills Act gives communities the flexibility to deal with historical structures on a case-by-case basis. Local government has the option to choose which properties are suitable for the incentive by evaluating various factors. These contracts can be used both as a tool to rehabilitate and preserve an individual building, and as part of a broader community -wide program. As a preservation incentive, historical property contracts offer advantages to both local government and property owners. The contracts provide property tax relief for owners of qualified historical properties who agree to abide by reasonable preservation requirements. For local government, the preservation requirements ensure an authentic rehabilitation and a high level of maintenance of a cultural resource that is important to the community. 120 APPLICATION FILING Any residential property owner may file an application with the required submittal deposit of $1,000 for a historical property contract with the Department of Community Development. The application shall be made on forms provided by the department and submitted to the department together with the application fee deposit, and such documentation, information, and photographs required by the department for a complete understanding of the qualities and characteristics of the property for which the historical property contract is requested, and a description of, and timeframe for, proposed improvements to the property. City costs in processing applications shall be charged against application fee deposits. Prior to determining the completeness of an application, the Director shall provide a copy of the application and submitted materials to Claremont Heritage for review and comment. Prior to submittal of an application, the property owner is encouraged to discuss with City staff whether their property meets the criteria for historical property contracts. 130 CRITERIA FOR AN HISTORICAL PROPERTY CONTRACT An historical property contract may be approved only if all the following criteria are met: A. The subject property meets the eligibility requirements for a Mills Act contract pursuant to California Government Code Section 50280.1 in that it is a privately owned property which is not exempt from property taxation, and is listed on the National Register of Historic Places, located in a National Register or local historic district, or listed in a state or county official register of historic or architecturally significant sites, places or landmarks, or in the Register of Structures of Historic and Architectural Merit of the City of Claremont; Resolution No. 2012-75 Page 4 B. The subject property contributes significantly to the quality, diversity, historical interest, and ambience of the community; C. Significant features that define the historical character of the subject property, and its buildings have not been destroyed or can be restored based on documentary, physical, or pictorial evidence; D. The owner of the subject property proposes to make improvements that are related to preservation and/or rehabilitation of character defining elements and/or historical and structural integrity of the property. Additionally, the cost of such improvements must be equal to or greater than the expected property tax savings for the first ten years, which needs to be distributed into two five-year periods; and E. The subject property is residential. 140 PREPARATION OF HISTORICAL PROPERTY CONTRACT Upon receipt of a complete application for a property meeting the above criteria, the Director of Community Development or his/her designee shall assist the property owner in preparing a draft historical property contract and agreement conditions, and an example of tax savings. The city attorney shall review the proposed contract to ensure it conforms to statutory guidelines. As part of the contract, the owner of the property shall agree to periodic examinations, by appointment, of the interior and exterior of the property by representatives of the City, County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the owner's compliance with the contract. The owner shall also agree to conform to the rules and regulations of the Office of Historic Preservation of the Department of Parks and Recreation, United States Secretary of the Interior's Standards for Rehabilitation of Historic Properties, and the State Historical Building Code. 150 HEARING REQUIREMENTS After the City Attorney has completed a review of a draft historical property contract, the matter shall be referred to the Architectural Commission at their next available meeting. Notice of the hearing by the Architectural Commission shall be given not less than ten days prior to any action taken on the application by publishing a notice in a local newspaper. Such notice shall include the date, time, and place of the hearing and general explanation of the matter to be considered. Notice of the hearing shall also be sent to the record owner(s) and to other persons who have requested to be notified of such matters, or whom staff determines may have an interest in the matter. 160 COMMISSION RECOMMENDATION AND COUNCIL DECISION The Architectural Commission shall, by resolution, make a recommendation related to the application, and the resolution shall be forwarded to the City Council, The City Resolution No, 2012-75 Page 5 Council shall consider the recommendation of the Architectural Commission and make a decision on the proposed historical property contract. The City Council shall have complete and final authority to approve, deny, or modify any historical property contract recommended by the Architectural Commission. 170 EXECUTION OF CONTRACT The City Manager shall have the authority on behalf of the City to execute historical property contracts approved by the City Council. ii. B Di I K! K01 �. I I :?-AT-0 a :41 Z6101 IN, ATIV94-1 T Upon approval and execution of a historical property contract, the City Clerk shall submit a certified copy of the agreement for recording to the County Recorder of Los Angeles, and the County Assessor's Office. Written notice of the agreement shall also be provided to the State Office of Historic Preservation. 190 PERIODIC REVIEW OF CONTRACT The Director of Community Development shall periodically review the historical property contract and inspect the property to determine the property owner's compliance with the contract. The owner of the property shall, on an annual basis, provide the Director with a letter describing the home improvements completed during the preceding year, along with the annual review fee (calculated at 2.2 staff time at the prevailing hourly rate approved by the City Council). 200 MAXIMUM NUMBER OF CONTRACTS PER YEAR The City Council shall approve no more than six historical property contracts during any one calendar year period. SECTION 3. If applicable, the applicant shall be notified when the City costs in processing the application exceed $1,000 and advised of the estimated costs to continue/finish processing the application. If applicable, the applicant shall be notified again when the City costs in processing the application exceed $1,500 and advised of the estimated costs to continue/finish processing the application. SECTION 4. Resolution Nos. 2000-157 and 2009-04 are hereby repealed in their entirety and superseded by the provisions set forth in this Resolution. SECTION 5. The Mayor shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption thereof. SECTION 6. -This Resolution shall take effect immediately, provided that the fee for the annual review of the historical property contract shall not take effect until 60 days after the adoption of this Resolution. Resolution No. 2012-75 Page 6 :1121112612; rd im '�1111 IF ii'll IZI[iiIIIIIIIII, iiiiii --VIP Mayor, CK of C1 remont ATTEST: APPROVED AS TO FORM: Attor6a*C-VW,v 11(,;c—,,emont Resolution No. 2012-75 Page 7 STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss. CITY OF CLAREMONT 1, Lynne E. Fryman, City Clerk of the City of Claremont, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 2012-75 was regularly adopted by the City Council of said City of Claremont at a regular meeting of said Council held on the 9th day of October, 2012, by the following vote: AYES: COUNCILMEMBERS: NASIALI, PEDROZA, CALAYCAY, LYONS, SCHROEDER •liiilliliAK ABSTENSIONS: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 07flni WIAA 5VAId"I X State of California - The Resources Agency s Sur Site ATTACHMENT D DEPARTMENT OF PARKS AND RECREATION C LITM_ a S H L Jr HISTORIC RESOURCES INVENTORY Lai Lon Era Sig inn Adm T7 _T3 __ Cat_HAWr; _HAE R Fed DENTIFICATION I 1. Common name: 2. Historic name, if known: C. Johnson 3. Street or rural address 1011 Harvard City: Claremont ZIP: 91711 — County: Los Angeles 4. Present owner, if known: Ilan Palmer Address: City: Z ZIP: Ownership is: Public Private [L,2vi 5. Present Use, -Residence Original Use: Other past uses: 6. Briefly describe the present physical appearance of the site orstructure and describe any major alterations from its original condition: I Complex two story frame very imaginative American Colonial Revival house painted smooth wood siding with hip roof of wood shake with exposed rafters, 3 foot cave overhang. Looks larger than average. Stone foundation. Two story freestanding porches have distinctive carved relief in pediments over both upper dnd lower lower porches. Porches have fluted pillars. Nulti-light windows on South and deck in rear. Sfonc chimneys. Locational sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): NORTH 1 1t 0 -at Sr 11523 (Rev. 7/75) 8. Approximate property size: 151 Lot size (in feet) Frontage Depth 160 I 9. Condition: (check one) a. Excellent 0 b. Good C, Fair d. Deteriorated a. No longer in existence 10. Is ilia feature a. Altered? El b. Unaltered? 11. Sutroundings: (Check more than one if w!ressary) a. Open land El b. Scattered buildings 11 c. Densely built-up a. Commercial 0 U. Other 1:1 12. Threats to site: a. None known It. Private 6�vdopmvnt c. Zoning 0 d. Public Works project e. Vandalism 1:1 f. Other 1:1 NOTE: The following (items 14-19) are for stnictures only. )4. b. Brick E] c. Stucco E] d. Adobe Primary exterior building material: a. Stone FLIN e. Wood f. Other 15. Isthestructure: a. Onilsoriginal site? Ej b, Movers? 0 c. Unknown? 16, Year of initial construction 1905 Thisclateis: a. tactual b. Estimated 17. Architect (if known}: 18. Builder (if known): 19. Related features: a. Barn E] b. Carriage house 0 c'. Outhouse E! d. Shed(s) F-1 e. Formal garden(s) f. Windmill 1:1 g. Watertower/tankhouseEl . h. Other [] i. None 20. Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site when knownl- Originally built by Cassius Johnson in 1905, the house was located in a 40 -acre subdivigion known as the C. C. Johson addition to Claremont. The plot included the area between 10th SLreet and Foothill Boulevard, Indian Hill Boulevard and a line half way between Harvard and College Avenues. Mrs. Louise A. Johnson, wife of the enrly-day Claremont developer, continued living in the home until tier death in June, 1950. The house fins alao been the residence of John Fuller and his family. It is now owned by Hans and Beverly Palmer. Bans is a Professor of Economics at Pomona College, and Beverly teaches English at PiLzer College. The house was featured as Maude's house in the TV series 'Maude" which ran from 1973 to 1978. 21. Main theme of the historic resource: (Check only one): a. Architecture b. Arts & Leisure c, Economic/ ndtiorial [] d. Exploration/Settlement r I I e. Government 0 f. Military g. Religion D h. Social/Education 0 .. Sources: List books, documents, surveys, personal interviews, and their dalos. City Records Courier Article, December, 1.951 Interview wiLli Beverly Palmer by Judy 14right. 23, Date form prepated:-- 61A ' 179 By �(Iafne): Andrtis/Koblarber Addi 833 Amndor ity Claremont ZIP: 91711 Phnom _ 626 5972 Orqani7ation-, Claremont llif;Loric Preservation Project (Slate Use Only) ATTACHMENT E CHARACTER DEFINING ELEMENTS OF PROPERTY —1011 Harvard Avenue Significant Exterior Features • Front porch and portico with fluted columns 0 Carved relief pediments above the porch and second story patio • Tongue -in -groove redwood V -joint exterior siding 0 Original wood front door • Native stone foundation 0 Classic "four-square" design • Mature Oak Trees and Eucalyptus Significant Interior Features 0 Original double -hung wood windows • Multi -light wood picture window on southside living room/library • Original fireplace in living room/library • Wood floor and ceiling molding 0 Coved ceilings I 900-Z 10-60E8 'S00 -Z 10-60£8 'V00 -Z 10-60E8 :ON NdV L LL L6 VO '{uouaaaolZ) rr soR anuanV paonJDH 1 101 Ae NMb80 Q 3ON3aISIN NIIHDVN o Q�1-l� d0J I3QOW321 + N011la4b NbO" e0i' �— IL Mot ON 133HS 3-1111 31da E a Ndd dp4 UN �O KHva d X wQ apggof F W I€=a p Wo�zo°orcowo O�� zd� F _ <=ss�goa g- spoo F d z x ww g� o goo SoQ LU dam Lu aQUg° pW pononi�vvncncvvecvcvvc�cvvo-Qoo Wo°��� rY :�$ Y �i d8 A wU _ � aa�lYmU s V ° a 6 QF� dLLm d42 " „'"" 2-m "" "" m a N 9", Forclfd — m uNi �p m6m v NSF �mQOp O�—° ��y NWO opOO NC{ R m4 N dV INV r'dl N, ui N= KKK—Wp zLLd =000 a � � Y�Jd o =a K Qo w�Q= .6 W W, d F Q rr oo ..Woq Q N V F Vo, ° O O R' d V°J° `J V FLL N K F Q,z O�KF J K> K q�W Kph K pz 6; x 1Y Of x J U Vz Oz z OppFJgp�V W 6�1 d O N > > �_ zw JU 3 —pa0 UU�� c�JJ V Q pJLLJ KQ pUQ o a m 3 W x x N„ �a o °a w i�°w o�oo°o oLL4o a dIy oo a�o�A Q d (0 sW N0] W—Np RRNQ�(VF KI� 1L a i F F w° w p zn d '0:aaz 3inNRAV aZ�IVANVH w O � C J 900-Z10-60C9 "900-Z 10-60£8 1700-Z 10-60£8 :ON NdV 900-Z 10-60E8 'S00 -Z 10-60£8 'V00 -Z 10-60E8 :ON NdV �v ,............m.. ... . soR 3 ` L LL L6 :3 '{uouaaaolZ) rr F z w l S8018-1 anuanV paoAJDH 1 101 ae NMb80 0 NIIHDVN - T— Q�1-l� W33N3aISIN d0� l3Q O321 + N011la4b ON e0f IL NbiHIMsxouv�i�ir�as J aNv ssNiw,vaa 3s�i NOISI a Siva ON NVId`JNIlNVld M3N 3va r 7 Ur z a f z 0 rc a w z a a F z w l r AnNaA'd 0�4VALI'dH ml z z a a 0 0 00 z z Is I 900-Z 10-60E8 'S00 -Z 10-60£8 'V00 -Z 10-60E8 :ON NdV �v ,...........m.. ... . 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R66VZ)4uoLu9Amo rr _ anmAV mnAJ oHnG ® Q:Lo d - \\{/ \\ 13mogaNnH3V -} 7 20 3G0mlM+N0meQY ^\( `�/ Q NOISIA, w a mom s� a+� m mN \\ k \ ) § ly ! vz \ / > ! _ )j/ © d - \\{/ \\ // § / > ! Architectural Commission Minutes May 13, 2020 Page 4 Principal Planner Veirs provided the language for the addition of Condition 6.e to Section C of the approval resolution. Commissioner Perry moved that the Architectural Commission adopt Resolution No. 2020-05 of the Architectural Commission of The City of Claremont file #20- A01, Request For Design Review For New Automobile Dealership Located at 667 Auto Center Drive. Applicant — Universal Auto Group (UAG) — Mazda Of Claremont with the addition of Condition 6.e to Section C to read, "Work with Staff to refine the landscape plans to include: a detailed irrigation plan showing how the parkway plantings along Mountain Avenue will be appropriately irrigated and provide dedicated bubblers in addition to the drip irrigation already shown on the plans to provide deep watering for trees throughout the site and parkway; coordinate plantings adjacent to the freeway with the adjacent auto dealer to the east; revise the planting plan to save as many of the existing palms and preserve, to the greatest extent possible, the row of palms that unifies the entire auto center; and substitute Queen Palms where King Palms are currently proposed on the planting plan."; seconded by Commissioner Neiuber, and carried on by roll call vote as follows: AYES: COMMISSIONERS: HORSLEY, MESSNER, NEIUBER, PERRI, PERRY, SCHOEMAN, AND WORLEY NOES: NONE This decision can be appealed within ten calendar days. 3. Review of Historical Property (Mills Act) Agreement Request #20-MA01 Between The City and The Owner Of The Property Located at 1011 Harvard Avenue. Applicant Nathalie Rachlin. Principal Planner Veirs presented a PowerPoint presentation and addressed Commissioners' questions regarding the: a) project timeline; b) intent of a Mills Act; and c) value of the tax relief. Commission Neiuber stated that, while not typical, there is precedent for work done ahead of time on a Mills Act Agreement. Nathalie Rachlin, applicant stated that the goal is to complete the restoration of the original design and to extend the home's life for many decades to come. She is grateful for the opportunity to apply for the Mills Act, which will defray some of the costs. She wants to preserve the original design with the distinct facade and replace add-on construction to tie in with the historic elements and create a unified vision. Chair Schoeman invited public comment. Seeing no requests to speak, public comment was closed. Commissioner Perri stated that it is a wonderful project, well thought out, and worthy of the tax relief. Commissioner Messner is supportive of the project. The level of work is impressive. Architectural Commission Minutes May 13, 2020 Page 5 Commissioner Worley stated that he drove by the project to see the progress, and it is a significant addition to the neighborhood and property. Commissioner Horsley has no objections to the project. It is a good project. He understands Commissioner Perry's concerns regarding the intention of the Mills Act, but there is a lot of work planned on the original home. Commissioner Neiuber stated that the project was excellent when it was presented previously. This is a good use of the Mills Act Agreement. The applicant will most likely spend two to three times the tax saving to complete the project. This will be helpful to the applicant and Staff will have the ability to ensure that it is done properly. Commissioner Perry followed up on Commission Neiuber's comments and sees that this Act can help people do excellent work in the City. The Mills Act is intended to take a historic home on a small parcel and invest in the preservation of that home. But this project is on a broader scale, the project includes improvements that are not historic and are intended to add more value to the property, not preservation. Here the Mills Act is leveraging the additional development. He is fine with this as long as Staff develops a policy that is consistent. We reviewed this project last year; we liked it and were comfortable with it. The Mills Act does facilitate a lot of the cost associated with the project. He felt the need to address Staff to be consistent with the city direction. The Mills Act provides for preservation and quality improvements. Commissioner Schoeman stated that the value this project brings to Claremont is worth the $890/year that it costs the City in tax revenue. With the approval of this project, it shows our value in residents that value what our community does, architecture. It is odd and unnerving to see it all done all at once, but it is an excellent use of $890/year. Commissioner Worley moved that the Architectural Commission adopt Resolution No. 2020-06 of the Architectural Commission of The City of Claremont Review of Historical Property (Mills Act) Agreement Request #20-MA01 Between The City and The Owner of The Property Located at 1011 Harvard Avenue. Applicant — Nathalie Rachlin; seconded by Commissioner Neluber, and carried on a roll call vote as follows: AYES: COMMISSIONERS: HORSLEY, MESSNER, NEIUBER, PERRI, PERRY, SCHOEMAN, AND WORLEY NOES: NONE This decision can be appealed within ten calendar days. Commission Commissioner Comments ATTACHMENT H -41AEREAS, on January 16, 2020, the owner of 1011 Marvard Avenue filed a request for approval of a Historical Property Agreement; and [fill (4011011 011 1114RI , w 11 1 A I G 0 . a WHEREAS, the proposed scheduled improvements within the contract are - categorically exempt from the California Environmental Quality Act (CEQA) pursuant ts Section 15331 in that these improvements are for the restoration and rehabilitation of ? historical resource, will conducted in a manner consistent with the Secretary of the Interior's Standards of the Office of Historic Preservation of the Department of Parks and Recreation, United States Secretary of the Interior's Guidelines for Rehabilitation of Historic Properties, and the State Historical Building Code and will be subject to applicable City permitting requirements. Therefore, no further environmental review is necessary. WHEREAS, the Architectural Commission considered the request at its meeting on May 13, 2020, at which time all persons wishing to testify in connection with said .r -- • were heard, and the agreement was fully studied. NOW, THEREFORE, BE IT RESOLVED, that the Architectural Commission of the City if Claremont recommends to the City Council approval of Historical Property Agreement #20- MA01. A, • MCI Million 11 111111111 - -� !09 Architectural Comm2i�:��ec—re'­—tary �60,st to the adoption there Me I =1 I 1�1101= Page 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES )ss. CITY OF CLAREMONT 1, Nhi Atienza, Administrative Assistant of the City of Claremont, ?#»2< #° Los Angeles, State of California, h®y certify that the foregoing Resolution No. 2020-06 was adopted by the Architectural Commission #} <»# City of Claremont at a regular meeting of said Commission held on May 13, 2020, by the following vote: F-11 OW A ON I am- Administrative Aslant City of Claremont Horsley, Messner, Neiuber, Perri, - Pe and Worley =0