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cq41FDec�%p CITY COUNCIL STAFF REPORT
DATE: January 13, 2016 CONSENT AGENDA
SUBJECT: MILLS ACT HISTORIC SITE CONTRACT — 231 STEVENS ROAD (HSPB
#91 / HD-4 "POMPEII DE LAS PALMAS HISTORIC DISTRICT")
FROM: David H. Ready, City Manager
BY: Planning Services
SUMMARY
This action would engage the City of Palm Springs into a standard Mills Act Agreement
with Robert Stone, owner of 231 West Stevens Road (APN 505-330-009) and the
Pompeii de las Palmas Homeowners Association. 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 calculated by the County of Riverside.
RECOMMENDATION:
1. Approve a Mills Act Historic Property Agreement between the City of Palm
Springs and Robert Stone, and the Pompeii de las Palmas Homeowners
Association, for 231 West Stevens Road, a contributing property in the
Pompeii de las Palmas Historic District (HSPB #91 / HD-4).
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
STAFF ANALYSIS:
On April 1, 2015, the City Council designated Pompeii de las Palmas Condominiums a
historic district (HSPB #91 / Historic District #HD-4). The Pompeii de las Palmas
Historic District is comprised of nine residences on 0.9 acres. The residence at 231
West Stevens Road is one of the residences defined as a contributing structure to the
historic district.
Pursuant with California Government Code Section 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
IT94 N0. a()
City Council Staff Report Page 2 of 2
January 13, 2016 -
Mills Act — 231 West Stevens Road — Pompeii de las Palmas Historic District
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
property, specifically its historically significant elements and characteristics.
The property at 231 West Stevens Road has been deemed a "contributing structure"
within the Pompeii de las Palmas Historic District. Pursuant to Municipal Code Section
8.05.125, contributing structures in a historic district are subject to Class 1 regulations
and are designated Class 1 historic sites. State of California Governmental Code
Section 50280.1 denotes that properties that are eligible for application of a Mills Act
contract must be listed in a state, city, county official register of historic sites. As such,
225 West Stevens Road is qualified for a Mills Act Contract.
At Pompeii de las Palmas, routine maintenance and upkeep of the building exteriors
and grounds is a shared responsibility of the home -owners association (HOA) and the
individual unit owners. Because of this shared responsibility, the Mills Act Agreement in
this particular case has been drafted with both the homeowners and the HOA as parties
to the agreement. If, in the future, other individual home owners at the Pompeii de las
Palmas Condominium Association wish to pursue a Mills Act Agreement, the same
contractual arrangement would apply.
FISCAL IMPACT: None
There is no known fiscal impact upon the city as a result of this recommended action.
Fi -- :-1C M�Wt.O
Flinn Fagg, AICPMarcus L. Fuller, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager / City Engineer
David H. Ready, Esq., P .
City Manager
Attachments:
• Vicinity Map
• City Council Action Summary (excerpts) dated April 1, 2015
• Applicant letters.
Department of Planning Services
Vicinity Map
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CITY OF PALM SPRINGS
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FREE 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 13th day of January
2016 by and between the City of Palm Springs, a charter city and municipal corporation ("City'),
Robert Stone. ("Owner") of 231 West Stevens Road and the Pompeii De Las Palmas
Homeowners Association ("HOA" ).
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 Owners possess fee title in and to that certain real property, together with associated
structures and improvements thereon, generally located at the street address 231 West
Stevens Road, 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 April 1, 2015 (the "Approval Date"), the City Council of the City of Palm Springs
("Council') approved Resolution 23797 designating the Property a Class 1 historic
district, pursuant to the terms and provisions of Chapter 8.05 of the Palm Springs
Municipal Code (the "City Code").
E. 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.
AGREEMENT
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 13. 2016 ("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
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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
parry 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 Citv Nonrenewal. Within fifteen (15) days of the Owner's receipt of the
Notice of Nonrenewal from 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 Propertv. 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 "B", 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.
4.2 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."
4.3 The Owner shall carry out specific restoration, repair, maintenance, and/or
rehabilitation projects on the Historic Property, as outlined in the attached Exhibit
"D" 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
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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 Aoreement: 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 remedy available under
local, state, or federal law, including those specifically provided for in this section.
7.2 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.
7.3 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.
8. Destruction of Provertv: 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
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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 thereof, 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: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Owner: Robert Stone
225 West Stevens Road
Palm Springs, CA 92262
HOA: Steven M. Fusco
Pompeii De Las Palmas HOA President 2015
225 West Stevens Road
Palm Springs, CA 92262
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13. Effect of Aareement. 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 the parties to be
considered joint venturers or members of any joint enterprise.
14. Indemnity of Citv. 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 shall not be restricted to insurance
proceeds, if any, received by the City, its elected officials, employees, or agents.
15. Bindina 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. Leaal 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.
18. 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.
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20. Governinq 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 and 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
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IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the
day and year first written above.
CITY OF PALM SPRINGS,
a municipal corporation
Dated: By:
City Manager: David H. Ready
APPROVED AS TO FORM: ATTEST:
City Attorney: Douglas Holland City Clerk: James Thompson
Dated: By:
Owner: Robert Stone
Dated: By:
Steven M.Fusco
Pompeii De Las Palmas HOA President 2015
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF 1
} SS
COUNTY OF }
On before me, Notary Public,
DATE
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) 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. (Seal)
WITNESS my hand and official seal.
Signature of Notary
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document.
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
DATE of DOCUMENT
Signer(s) Other Than Named Above
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EXHIBIT A
LEGAL DESCRIPTION
(Section 4.0)
(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)
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EXHIBIT B
MAINTENANCE STANDARDS
(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).
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EXHIBIT 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)
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EXHIBIT D
SPECIFIC PROJECTS
(Section 4.3)
(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)
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December 10, 2015
Flinn Fagg, Planning Director
City of Palm Springs
RE: Mills Act Historic Property Preservation Agreement
Dear Mr. Fagg,
am writing this letter to request that the City initiate a Mills Act Agreement for my personal
residence. The property address Is: 231 W. Stevens Road, Palm Springs, CA 92262 and the Riverside
County Assessor's Parcel Number is: 5053300D9-9.
Our nine -unit condo complex, Pompeii de Las Palmas, was designated as a City of Palm Springs
Class One Historic District at the City Council meeting of April 1, 2015 where it appeared as Agenda Item
No. 1D. The $1,305 fee for processing this application is attached, as is the required letter of agreement
from the president of our Homeowner's Association. If you have any questions, I may be reached at 760
333-555R.
Sincerely,
231 W.StevensRoad
Palm Springs, CA 92262
Attachments (2)
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December 9, 2D15
City of Palm Springs
Planning Department
Dear HSPB Board and Palm Springs Planning Department,
Please accept this formal letter of Intent and agreement for the Pompeii De Las Palmas HOA to be a
signing participant of the Mills Act Contract Agreement with owner, Robert Stone, of 231 West Stevens
Road. Pompeii De Las Palmas was designated by the City Council on April 1, 2015.
In regards to Unit 231, it has all of the original features which have been preserved.
1Sincerely, ��
1/CVAA Ai�-fib
Steven M.Fusco
Pompeii De Las Palmas HOA President 2015
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City Council Action Summary
April 1, 2015
Page 3
L,oundrllU,Ier Hutcheson, Lounci mem'Der lu�(iS a, dye
Pro Tern Lewin, and Mayor Pougnet.
S: None.
ABS Councilmember Foat.
Councilmember Foat reed to the dais.
I.C. AMENDMENT TO THE PA RINGS ZONING CODE RELATING TO
ACCESSORY SECOND DWELL ITS (CASE 5.1341 ZTA):
POST NOTICE OF CONTINUED PUBL RING
ACTION: 1) Table the public hearing with no p estimony at this time;
2) Continue the Public Hearing to April 15, 2015; a irect the City
Clerk to post a Notice of Continued Public Hearing pur to law.
Motion Mayor Pro Tern Lewin, seconded by Councilmember r d
*� ors
1.D. HISTORIC DISTRICT DESIGNATION FOR THE POMPEII DE LAS
PALMAS CONDOMINIUMS LOCATED AT 221 THROUGH 231 WEST
STEVENS ROAD AND 200 THROUGH 206 CAMINO NORTE AS
HISTORIC DISTRICT NO. 4 (CASE HSPB 91/HD 4):
ACTION: Adopt Resolution No. M, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE POMPEII DE LAS PALMAS CONDOMINIUMS
LOCATED AT 221 THROUGH 231 WEST STEVENS ROAD AND 200
THROUGH 206 CAMINO NORTE AS HISTORIC DISTRICT NO. 4 (CASE
HSPB 91/HD 4)." Motion Mayor Pro Tern Lewin, seconded by
Councilmember Foat and carried 4-1 on a roll call vote.
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor
Pro Tern Lewin, and Mayor Pougnet.
NOES: Councilmember Mills.
PROPOSED ORDINANCE AMENDING ink P,4 U I
NICIPAL CODE RELATING TO COUNCIL CALL UP OF
CO SION AND BOARD ACTIONS AND SUSPENSION OF
REGULA ORDINANCES (CASE 5.1341 ZTA):
PUBLISH AND
ACTION: 1) Waive the ing of the ordinance text in its entirety and
read by title only; and 2) Ado dinance No. M, "AN ORDINANCE
OF THE CITY OF PALM SP CALIFORNIA, AMENDING
SECTIONS 2.06.030, 6.12.030, AND 94.1 F THE PALM SPRINGS
MUNICIPAL CODE RELATING TO COU CALL UP OF
COMMISSION AND BOARD ACTIONS AND THE S SION OF
REGULATORY ORDINANCES 6.12.030 OF
Councilmember Mills and carried 4-1 on a
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