HomeMy WebLinkAbout1QCITY COUNCIL STAFF REPORT
DATE: January 14, 2021 CONSENT AGENDA
SUBJECT: REQUEST BY NICHOLAS PEPPER, OWNER, FOR APPROVAL OF
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT
FOR THE FRANZ ALEXANDER RESIDENCE, A CLASS 1 HISTORIC
SITE LOCATED AT 1011 WEST CIELO ROAD (APN #504-201-024),
(HSPB #132).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY
This is a request for the City of Palm Springs to enter into a standard Mills Act
Agreement with Nicholas Pepper. The intent of this contract is to require maintenance
and preservation of this Class 1 historic site in exchange for possible property tax relief
as determined by the Riverside County tax assessor.
RECOMMENDATION:
1. Approve a Mills Act Historic Property Preservation Agreement between the
City of Palm Springs and Nicholas Pepper.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
STAFF ANALYSIS:
On October 22, 2020, the City Council designated the property located at 1011 West
Cielo Road, "The Franz Alexander Residence" (HSPB #132), a Class One Historic Site
via Resolution No. 24821.
Pursuant to California Government Code Sections 50280 -50290, upon the application
of an owner of any qualified historic property, the legislative body of a city may contract
with the owner or agent to restrict the use of the property to carry out the purposes and
goals of historic preservation of the property. Such a contract is commonly referred to
as a "Mills Act Agreement" and it provides for possible alternative property tax rate
calculations in exchange for specific and ongoing preservation and maintenance of the
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2City Council Staff Report January 14, 2021 Mills Act Agreement-1011 West Cielo Road property, specifically its historically significant elements and characteristics. BELOW THE STREET VIEW OF THE SUBJECT HOME . ' Page 2 of 2 Pursuant to California Government Code Section 50280.1, a "qualified historical property" means a privately-owned property which is not exempt from property taxation and is listed in any state, city or county official register of historical or architecturally significant sites, places, or landmarks. The Franz Alexander Residence meets this definition because it is listed in the City of Palm Springs register of Class 1 historic sites as site HSPB #132. FISCAL IMPACT: Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property. tigg:AJ ~ Development Services Director «-w ~~ David H. Ready, Esq.,P. City Manager Attachments: 1. Vicinity Map 2. City Council Resolution #24821. Marcus Fuller, P.E., M.P.A., P.L.S. Assistant City Manager/City Engineer 3. Letter from the owner and public disclosure form. 4. Historic Property Preservation Agreement.
3Legend Department of Planning Services Vicinity Map D 500-foot Buffer ~Site CITY OF PALM SPRINGS HSPB #132 Dr. Franz Alexander Residence -N . W E . s I w ~ Ill u,----t i
4RESOLUTION NO. 24821 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING "THE DR. FRANZ ALEXANDER RESIDENCE" LOCATED AT 1011 WEST CIELO DRIVE, A CLASS 1 (LANDMARK) HISTORIC SITE, (HSPB #132), APN# 504-201-024. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and WHEREAS, on July 13, 2020, Nicholas Pepper, owner, submitted an application to the City seeking Class 1 historic site designation of the Dr Franz Alexander Residence located at 1011 West Cielo Drive; and WHEREAS, on August 6, 2020, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and WHEREAS, on September 1, 2020, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #132 was held in accordance with applicable law; and WHEREAS, at the said hearing, the HSPB carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony presented and voted 4-0-2 (Dixon, Rosenow absent) to recommend that the City Council designate the Dr. Franz Alexander Residence a_ Class 1 Landmark historic site; and WHEREAS on October 22, 2020, a noticed public hearing of the City Council to consider Case HSPB. #132 was held in accordance with applicable law; and WHEREAS, at the sai~ hearing the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony presented. THE CITY COUNICL OF THE CITY OF PALM SPRINGS RESOLVES: SECTION 1: FINDINGS -PART "A", CRITERIA FOR HISTORIC RESOURCES. Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C), in considering a recommendation to designate the site as a Class 1 or 2 historic resource the HSPB evaluated the application and made findings of conformance with the following criteria:
5Resolution No. 24821 Page2 Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings are met: a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below: The Franz residence exhibits exceptional historic significance because of its association with internationally renowned psychoanalyst Dr. Franz Alexander and because of its uniquely expressive, organic architectural design. (Criterion 1) The resource is associated with events that have made a meaningful contribution to the nation, state or community; The report does not identify any events associated with the site, thus the site does not qualify under Criterion 1. (Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; Beginning on page 39, the report analyzes the Alexander Residence for conformance with the Criteria established in the City's historic preservation ordinance. The report identifies the home's first owner Dr. Franz Alexander as a person who made a meaningful contribution to the profession of .psychoanalysis at an international level. According to the report, Alexander is considered "the father of American psychoanalysis". The report notes in terms of both fame and influence, Alexander was second only to Sigmund Freud. Alexander was still active in his professional career during the period in which the home was designed, constructed and occupied, thus the site is associated with Alexander during his productive period, a stipulation outlined in the National Register bulletin titled, "How to Apply the National Register Criteria for Evaluation". Thus the Franz Residence qualifies as a historic resource under Criterion 2. (Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history; The report asserts that the Alexander residence reflects the Post World War 11 period in the development of Palm Springs when many businesses and homeowners embraced the Modern architectural style for the design of their businesses and homes. The home's design exemplifies the relaxed lifestyle of the post-World War II era with no reference to the traditional "revival" styles popular in Palm Springs and elsewhere during the pre-World War II period. As such the Alexander residence qualifies as a historic site under Criterion 3. (Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction; The Alexander residence is a noteworthy example of steel frame construction applied in
6Resolution No. 24821 Page3 an expressive, artistic manner. Supporting the roof on thin steel columns allowed for the expansive wall of glass along the south fa9ade. The steel frame construction also allowed for flexibility in the location and placement of partitions and walls, since their placement was not dependent on the structural needs of the roof. Furthermore the cambered steel beams allowed for the gentle upswept curving lines of the roof plane; all distinctive characteristics of its method of construction. For these reasons the Alexander Residence qualifies under Criteri~n 4. (Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that_possesses high artistic value; The Alexander Residence was designed by Walter S. White. The structural engineering was by Stanley E. Malara and the home was constructed by the firm Rooth & Carr. The report provides a detailed account of White's architectural career, having interned at Taliesin West under Frank Lloyd Wright and worked with notable architects such as Rudolf Schindler, John Porter Clark and Albert Frey. The report characterizes White as an architect who paid careful attention to the site conditions, not only in terms of views but also prevailing winds, local materials (stone), solar impacts and other environmental factors. His design for the Alexander residence reflects this site-specific approach with a large expanse of glass facing the views to the south while turning its "back" against the prevailing winds. The upswept roof line can be seen as a physical expression of the windy conditions at the site while the locally-quarried stone, dubbed "Mexican driftwood" contributes to the home's integration with the site. The highly expressive and organic nature of the forms and materials used in the design of the Alexander residence give it a strong artistic quality thereby justifying its qualification as a historic site under Criterion 5_1 (Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or The report does not assert that the Alexander residence qualifies under Criterion 6. (Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory. No information has been provided in the historic resources report on any pre-historic significance of the site. SECTION 2 -FINDINGS PART "B" -ANALYSIS OF INTEGRITY. 1 Although the report asserts White to be a master architect, no evidence was provided to support the notion that his skills as an architect influenced his age or the profession of architecture in general, however the home's high artistic value qualifies it as a historic site under Criterion 5.
7Resolution No. 24821 Page4 Analysis of Integrity. (PSMC 8.05.070 (C, 1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards: integrity of design, materials, workmanship, location, setting, feeling, or association. The application includes an evaluation of the site relative to the seven aspects or qualities of integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the Las Palmas Liquors building retains a high degree of integrity. Below is the City Counicl's evaluation of the site's integrity. 1. Location: The Alexander residence remains in the same location that it was constructed, thus it retains integrity of location. 2. Design: Although there have been some modifications to the home, the design of the major alterations and additions were also credited to Walter S. White. Thus the Alexander residence possesses a high degree of design integrity and has been well maintained. 3. Setting: The setting of the Alexander residence, within a rugged rock and boulder-strewn site remains as it was from the time of its construction; it thus retains integrity of Setting. 4. Materials: The Alexander residence is a steel frame building clad in glass, wood, and locally quarried rock. The material composition of the home remains intact. The additions constructed in the 1980's are carefully integrated using similar materials. Thus the home exhibits a high degree of material integrity. 5. Workmanship: The workmanship in the Alexander residence reflects high quality craftsmanship typical of a custom designed and built residence. The rock walls are beautifully laid up reflecting a high degree of skilled craftsmanship on the part of the stone mason. Thus the home retains integrity of workmanship. 6. Feeling: The casual informal living style expressed in the Alexander residence with its large expanses of glass that create a strong visual connection between the inside and outside
8Resolution No. 24821 Page5 of the home is still intact. The home continues to exude a comfortable sense of casual "indoor I outdoor" living and thus retains integrity of feeling. 7. Association: The association with Dr. Franz Alexander is well documented in the report and the home also retains its association with architect Walter S. White, structural engineer Stanley Malora and builder Rooth & Carr; thus integrity of Association remains strong. SECTION 3: DEFINING HISTORIC CHARACTERISTICS In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource. The physical character-defining historic features of this resource include the following: 1. Its expressionistic, organic style of architecture. 2. The upswept lines of the roof and the 2 x 4 wood roof deck exposed on the underside of the roof. 3. The horizontal shade element on the south fa~ade and the expansive wall of glass on the south fa~de. 4. The V-shaped steel columns and angled steel railing at the upper level of the home. 5. The natural unpainted "Mexican driftwood" stone walls. 6. The vertical redwood siding. 7. The clerestory windows. 8. The cantilevered pendant chandelier on the east elevation. 9. The round swimming pool. 10. The palm trees (from the landscape design by the Moortens) 11. The landscape at the front entry to the residence. The non-contributing features include the following: 1. The guest house built in the 1990's. 2. The hot tub. 3. The landscape except as noted above.
9Resolution No. 24821 Page6 SECTION 4: ENVIRONMENTAL ASSESSMENT The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly. SECTION 5: CONDITIONS THAT APPLY TO CLASS 1 HISTORIC SITES. According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource: 1. It shall meet the definition of a historic site as outlined in Municipal Code Section 8.05.020. 2. An archival file on the property shall be maintained by the City. 3. It may be qualified as 'historic' at the federal, state, and/or county level. 4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 "Demolition or Alteration of Class 1 and Class 2 Historic Resources -Certificate of Appropriateness". 5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way. 6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required. 7. The site shall not be further subdivided. 8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution. Based upon the foregoing, the City Council designates "The Dr. Franz Alexander Residence located at 1011 West Cielo Drive, a Class 1 (Landmark) Historic Resource (Case HSPB #132). ADOPTED THIS 12th DAY OF NOVEMBER, 2020. David H. Ready, Ci~ ATTEST:
10Resolution No. 24821 Page7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24821 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on November 12, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors None None None None IN WITNESS WHEREOF, I have hereunto ~et my hand and affixed the official seal of the City of Palm Springs, California, this 5 (' day of PeuY"":lo~ , lo'ZC) .
11
12RESOLUTION NO. 24722 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIIA, DESIGNATING "THE MERITO MANOR CONDOMINIUMS" LOCATED AT THE SOUTHEAST CORNER OF MERITO PLACE AND NORTH BELARDO ROAD AS A HISTORIC DISTRICT ("HD-8"), SUBJECT TO CONDITIONS.11 WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and . WHEREAS, on June 3, 2019, the Merito Manor Homeowners Association filed an application with the City pursuant to Article Ill, Section 8.05.090 (Procedure and Criteria for Designation of Historic Districts) of the Palm Springs Municipal Code requesting historic district designation for Merito Manor .Condominiums located at the southeast corner of Merito Place and Belardo Road. Th~ application included a historic reso·urces report ("the report") prepared by the Doug MacBeth, a Merito Manor homeowner, dated May, 2019; and WHEREAS, in September, 2019, members of the Historic Site Preservation Board (HSPB) conducted site inspections of the proposed historic resource, accompanied by City staff; and WHEREAS, on October 8, 2019, a noticed public hearing of the Palm Springs Historic Site Preservation Board ("HSPB") to consider Case HSPB #121 was held in accordance with applicable law; and WHEREAS, the HSPB carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony presented and voted 4-0-3 (Hough, La Voie, Rosenow absent) to recommend that the City Council grant historic district status to the Merito Manor Condominiums; and WHEREAS, on-January 9, 2020, a noticed public hearing of the Palm Springs City Council was held to consider the recommendation from the HSPB; and WHEREAS, the City Council carefully reviewed and considered all of the evidence ,presented in connection with the hearing on the project, including but not limited to the staff report and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
13Resolution No. 24722 Page2 SECTION 1: FINDINGS-PART "1". CRITERIA FOR HISTORIC DISTRICTS. Pursuant to Municipal Code Section 8.05.090 (C), the HSPB shall evaluate the application and make findings in conformance with the following criteria: FINDINGS PART 1 -The proposed district exhibits exceptional historic significance and meets one or more of the criteria listed below: The buildings that coi:nprise the proposed Merito Manor Historic District exhibit exceptional historic significance as a modest-scaled multi-family development typology that possesses a high degree of design creativity and use of innovative building technologies that became available in the post-World War II era. (Criterion 1) Is associated with events that have made a meaningful contribution to the nation, state or community; The report does not identify any significant events associated with the proposed Merito Manor Historic District. It does not qualify as a historic district under Criterion 1. (Criterion 2) Is associated with the lives of persons who made a meaningful contribution to national, state or local history; On page 12 the report identifies the developers, Kenneth Kirk and William Smith as having been active in civic life in Palm Springs. Kirk served as vice-mayor for Palm Springs and Smith served as president of the Palm Springs Chamber of Commerce. Although they both contributed to the local community the report does not assert that this rose to the level of "a meaningful contribution" and as such the Merito Manor does not qualify as a historic district under Criterion 2. (Criterion 3) Reflects or exemplifies a particular period of national, state or local history; The proposed Merito Manor Historic District exemplifies the post WWII Modern period in the development of Palm Springs (1945 -1969) because it is a significant example of a multi-family residential development type built in response to the growing population that included second home buyers and retirees seeking a low maintenance type of dwelling. It also is reflective of the period in Palm Springs in which Modern architecture was very popular for many building types, from residential to commercial and institutional. It is ah architectural style for which the City has become internationally recognized. The proposed· Merito Manor Historic· District qualifies under Criterion 3~ -. (Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction; ~----
14Resolution No. 24722 Page3 The report asserts that the proposed Merito Manor historic district embodies distinctive characteristics in its construction: specifically the unique prefabricated stressed-skin folded plate roof system. Wide open interior space within each unit was achieved because the roof system was capable of spanning longer distances than could otherwise be achieved using conventional building methods. The roof system also gives the buildings in Merito Manor their unique appearance. The buildings were constructed of high-quality materials such as terrazzo floors, mahogany cabinets and room dividers and extensive use of decorative rock walls. Furthermore, the columns that support the folded plate roof are expressed on the exterior of the buildings with "panels" of cut rock in a pattern dubbed 11peanut brittle" placed · · between the columns. These rock walls do not extend up to the roof lin~, rather they are topped by clerestory windows further emphasizing that it is the thin columns, not the heavy rock walls that are supporting the roofs. The exposed columns also establish a visual expression of the structural module of the buildings. This exposure of the structural columns as a design element, allowing the rock walls to be expressed as merely opaque "screens" between the columns is a common tenet of the Modern period in architectural design. Lastly, the buildings in Merito Manor were reflective of a national advertising campaign begun in 1956 by the electric companies and the National Electrical Manufacturer's Association ("NEMA") to promote the consumption of more electricity. This campaign, described on pages 26 and 27 was launched at a period in time when electricity was cheap and companies like General Electric and Westinghouse were trying to edge out their utility competitors, namely natural gas and manufacturers of gas-powered appliances and equipment. The "Gold Medallion Award for a Total Electric Home" was granted to the Merito Man.or complex for its exclusive use of electrical equipment and appliances. For these reasons, the proposed district qualifies under Criterion 4. (Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual· genius influenced his age, or that possesses high artistic value; · The buildings within the proposed Merito Manor historic district possess artistic value in the unique roof form. The report clearly describes Barkus' design philosophy and notes the numerous accolades he received for his architectural creativity. The masterful use of materials, expressed structure, modularity of the fac;ade, and other design characteristics at Merito Manor demonstrate Berkus' design capabilities at a very early age. The proposed historic district qualifies under Criterion 5. . -· .. (Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
15Resolution No. 24722 Page4 The five buildings within the proposed Merito Manor historic district collectively are similar, but unique in their character and are significant in terms of the period of local history that they reflect. The common open areas, parking, and landscape are somewhat lacking in distinction, however the proposed district as a whole can be deemed significant and · noteworthy. Thus the proposed district also qualifies under Criterion 6. (Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory. No information has been provided in the historic resources report on any pre-historic significance of the site. SECTION 2: FINDINGS PART 2: COMPOSITION OF THE PROPOSED DISTRICT -CONTRIBUTING AND NON-CONTRIBUTING SITES The HSPB reviewed the proposed historic district for conformance with the findings in Part 2 of Zoning Code Section 8.05.190 (C) and made the following findings: FINDINGS PART 2 -The proposed district: (a) Contains contributing resources on a majority of the sites within the proposed district which individually meet the criteria and findings outlined in Part 1 above, (b) Includes non-contributing properties or vacant parceis only to the extent necessary to establish appropriate, logical, or convenient boundaries. a. Contributing resources include Buildings 1 through 5 and the open space between them. · · · ·,. b. Non-contributing resources include the common area landscape. SECTION 3: DEFINING HISTORIC CHARACTERISTICS In considering a recommendation for historic district designation. it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource. "the five buildings -in the proposed Merito· Manor historic district share design characteristics. They were all constructed at the same time with the same materials and
16Resolution No. 24722 Page5 details. Therefore the physical character defining historic features that are listed below apply to all five buildings.1 1. The folded plate roofs. 2. Wood slab front doors with "arrow" door knob escutcheons. 3. The unpainted fieldstone walls. 4. The angular swimming pool shape2. 5. The clerestory windows.3 6. The exposed posts or columns between the panels of fieldstone. 7. The original front door wall sconce light fixtures (mostly intact). 8. The angular concrete walkway at the front door of each unit. 9. The "vista view" screenblock privacy walls. The non-contributing features include the following: 1. The mural and unpermitted room addition at unit 660 Belardo. 2. The parking areas including the pre-cast pavers. 3. The common area landscape.4 4. The screen doors. 5. The swimming pool glass security barrier and pool equipment infrastructure. 6. The 1991 room addition on Unit 193 W Merito Place. 7. Patio gates. 8. Tile pavers at entry to unit 189 and 193. 9. The group mailboxes adjacent to the north carport. 10. Vista view screenblock at west carport (although matching in pattern, noted in the report as not original). 11. Numerous areas of surface mounted electrical conduit, gutters and downspouts, irrigation piping and drain pipes from roof-mounted AC units.5 SECTION 4: ENVIRONMENTAL ASSESSMENT 1 Note that the original colors of the Merito Manor have not been confirmed; currently it is painted creme white. Unit owners are allowed to choose their own front door color from a palette of colors common during the 1960's. 2 The shape of the pool is noted as a contributing design characteristic, however the HOA recognizes the pool will soon need full refurbishment. The HOA should be allowed to make these infrastructure improvements as long as the shape of the pool is retained. 3 The report notes that all the units have had various windows replaced over time. The character-defining aspect of the windows therefore is the fenestration itself -the transparent I translucent glass area set in mill-finish aluminum frames-not necessarily the type of window (i.e. jalousy, fixed, awning, sliding, etc.) 4 On page 49 of the report two "poodle cut" olive trees are identified. These manicured trees appear to be rather old and while they reflect a certain ·Iandscape style popular during the period of significance of the proposed district, there long term survivability may be questionable, and thus staff does not recommend including them as "character-defining" elements of the proposed district. 5 It stiould be noted that an evaluation of "Integrity" is not a requirement at this time for contributing structures within a proposed historic district, however as the HOA can afford to do so, the many areas of surface mounted conduit and wiring should be addressed and concealed to the extent possible without materially impairing the contributing resources themselves.
17Resolution No. 24722 Page6 The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060( c )(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) · (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly. SECTION 5: CONDITIONS THAT APPLY TO HISTORIC DISTRICTS. According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource: 1. An archival file shall be maintained on the property by the City. 2. It may be qualified as 'historic' at the federal, state, and/or county level. 3. The structures/s'ites within the proposed historic district may not be modified without following the procedures outlined in Municipal Code Section 8.05.120 "Demolition, Alteration or New Construction within a Historic District-Certificate of Appropriateness". 4. A marker explaining the historic nature of the district may be installed at the perimeter of the proposed district in a location viewable from the public way. 5. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required. 6. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution. The recordation shall apply to those assessor parcel numbers for the fourteen dwelling units located within the eight contributing buildings. 7. An outline set of architectural review guidelines were submitted by the app_licant, however these will need revision. The HSPB requires that the architectural review guidelines be developed into design guidelines for the historic district prior to the public hearing of the City Council to consider the HSPB's reco_mmendation on the case. Based upon the foregoing, the City Council hereby designates the Merito Manor Condominiums as a historic district (HSPB #121 / HD-8). · ADOPTED THIS 13th DAY OF FEBRUARY, 2020.
18Resolution No. 24722 Page7 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) CERTIFICATION I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24722 is a full, true_ and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 13th day of February, 2020, by the following vote: . AYES: NOES: ABSENT: ABSTAIN: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors None None None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm.Springs, California, this ~~ day of tv\t)v-C..~ , -zoro · · ·. ~ -~ _.-.-. nt~#:~~ City Clerk
19November 12, 2020 Ken Lyon, RA Associate City Planner NICHOLAS PEPPER 1011 West Cielo Drive Palm Springs, California 92262 323-640-7345 n pepper@yahoo.com Historic Preservation Officer Department of Planning Services City of Palm Springs, California 92263 Ken, I This letter intends to formally request that the City of Palm Springs, California enter into a Mills Act agreement with me, as the owner of my property at 1011 West Cielo Drive, Palm Springs, California 92262. The property at the address was designated a Class 1 historic site by the City Council on November 12, 2020. Enclosed is the processing fee of $1,192.00 payable to the City of Palm Springs. Please let me know if you need further information for this request. Thank you so much for your help with this matter. It is greatly appreciated. RECEIVED NOVO 9 2020 PLANNING SERVICES ns:011 r.:>T~ncr..1T
201. Name of Entity NICHOLAS PEPPER PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 2. Address of Entity (Principle Place of Business) 1011 WEST CIELO DRIVE 3. Local or California Address (if different than #2) ( same as above) 4~ State where Entity is Registered with Secretary of State n/a If other than California, is the Entity also registered in California? D Yes D No 5. Type of Entity n r I "\ /" r I I a D Corporation D Limited Liability Company D Partnershi tJ f ~ ~ Mihl~ eW fy) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity NICHOLAS PEPPER --~---------------D Officer D Director D Member D Manager [name] D General Partner D Limited Partner ~ Other Sole individual owner __________________ D Officer D Director D Member D Manager [name] D General Partner D Limited Partner •Other ___________ _ __________________ D Officer D Director D Member D Manager [name] (Revised 05/16/19) D General Partner D Limited Partner •Other ____________ _ CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM · Page 1 of2
217. Owners/Investors with a 5% beneficial interest in the Aoolicant Entity or a related entity EXAMPLE JANEDOE 50%, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. NICHOLAS PEPPER 100% Sole Individual Owner [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] 0. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Disclosing Party, Printed Name, Title Date /1 11/30/2020 PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19) CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM Page 2 of 2
22FREE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA-92263-2743 Attn: City Clerk HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made this 14th day of January, 2021 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Nicholas ("Owner"). RECITALS: A. California Government Code Sections 50280, et seq. (the "State Law"), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance. B. The Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1011 West Cielo Drive, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference. C. On October 22, 2020 (the "Approval Date"), the City Council of the City of Palm Springs ("Council") approved Resolution 24821 designating the Property a Class 1 historic site, pursuant to the terms and provisions of Chapter 8.05 of the Palm Springs Municipal Code (the "City Code"). o. The City and the Owners desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community's own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom. I
23AGREEMENT NOW, THEREFORE, the City and the Owner, in consideration of the mutual covenants and conditions set forth herein, agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on January 14, 2021 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement. 2 Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice ·of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date ( or from the Effective Date if no Renewal Date has yet occurred). 3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner•s receipt of the Notice of Nonrenewal f ram the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal. 4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions: 4.1 The Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit 11811, is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance. 2
2442 The Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior's Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C" to this Agreement. At a minimum, Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C.11 43 The Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit 11011 to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines. 4.4 The Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way. 5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager's designee (the "City Manager'') shall inspect the interior and exterior of the premises to determine the Owner's compliance with the terms and provisions of this Agreement. 6 Provision of Information of Compliance. The Owner shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 7. Breach of Agreement: Remedies. 7.1 If the Owner breaches any provision of this Agreement, the City Manager may give written notice to the Owner by registered or certified mail detailing the Owner's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare THE Owner to be in breach of this Agreement. Upon the City Manager's declaration of the Owner's breach, the City Manager may pursue any 3
25remedy available under local, state, or federal law, including those specifically provided for in this section. 72 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner breached any of the conditions of the Agreement, the Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286. 73 As an alternative to cancellation of this Agreement for the Owner's breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership. a Destruction of Property: Eminent Domain: Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic 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, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section. 9. Waiver. The City does not waive any claim of default by the Owner if the City or the City Manager 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 reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 10. Binding Effect of Agreement. The Owner hereby subjects the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City and the Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure 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 herein after executed, covering or conveying the Historic Property, or any portion 4
26thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument. 11. Covenants Run with the Land. The City and the Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the 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 cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, and the Owner. 12 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: City: -Owner: City of Palm Springs Office of the City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Nicholas Pepper 1011 West Cielo Drive Palm Springs, CA 92262 13. Effect of Agreement. None of the terms, prov1s1ons, 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 the parties to be considered joint venturers or members of any joint enterprise. 14. Indemnity of City. The Owner shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and 5
27shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents. 15. Binding Upon Successors. 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. 16 Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions 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 attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 17. Severability. 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. 1a Recordation. No later than twenty (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 Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation. · 19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto. 2). Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 21. No Compensation. The Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner is the economic advantage that will accrue to the Owner as a result of the possible effect upon the assessed value of the Property of the restrictions on the use 6
28and preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement. SIGNATURES ON FOLLOWING PAGE 7
29IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above. Dated: ----------APPROVED AS TO FORM: City Attorney: Jeff Ballinger Dated: -----------CITY OF PALM SPRINGS, A Charter City and Municipal Corporation By: ___________ _ City Manager: David H. Ready ATTEST: City Clerk: Anthony Mejia MMC By: ___________ _ Owner: Nicholas Pepper 8
30EXHIBIT A LEGAL DESCRIPTION THE LAND REFFERED TRO HEREIN BELOW IN SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CLAIFORNIA AND IS DESCRIBED AS FOLLOWS: Lot 21 of Little Tuscany No. 3, in the City of Palm Springs, County of Riverside, State of California, as shown by maps on file in Book 22, Page 87 of Maps in the Office of the County Recorder of Riverside County, California. APN: 504-201-024 9
31EXHIBIT B M~NTENANCESTANDARDS (Section 4.1 ) All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic . Property Preservation Agreement ("Agreement") shall be maintained in good condition throughout the term of this agreement. All nuisances as defined in Title 11 "Peace, Morals and Safety" of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee. All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character-defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer). 10
32EXHIBIT C EXISTING CONDITIONS (Section 4.2) (Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262) 11
33EXHIBIT D SPECIFIC PROJECTS {Section 4.3) (none) 12