EXHIBIT A
The following areas are all areas that have been designated by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”
1. Both sides of Center St. from Walnut Ave. to the southern terminus of Center St. adjacent to residential land uses.
2. Both sides of Cleveland St. from Palm Ave. to Sycamore Ave.
3. East side of Cypress St. from Maple Ave. to the southern property line of 171 North Cypress St.
4. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.
5. Both sides of Everett Pl. from Shaffer St. to Glassell St.
6. Both sides of Glassell St. from Walnut Ave. to Rose Ave.
7. East side of Grand St. from the southern property line of 127 N Grand Street to the northern property line of 147 North Grand St.
8. Both sides of Grand St. from Palm Ave. to the southern property line of 183 N Grand St. adjacent to residential land uses.
9. Both sides of Grand St. from Mayfair Ave. to Walnut Ave. adjacent to residential land uses.
10. Both sides of Harwood St. from Palm Ave. to the northern terminus of Harwood St.
11. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.
12. East side of Lemon St. from Maple Ave. to the southern property line of 149 North Lemon St.
13. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.
14. Both sides of Maple Ave. from Cleveland St. to Orange St. adjacent to residential land uses.
15. North side of Maple Ave. from Olive St. to the eastern property line of 115 East Maple Ave.
16. Both sides of Mayfair Ave. from Shaffer St. to Glassell St.
17. Both sides of Olive St. from Maple Ave. to the northern terminus of Olive St. adjacent to residential land uses.
18. Both sides of Olive St. from Sycamore Ave. to Walnut Ave.
19. Both sides of Orange St. from Maple Ave. to Palm Ave. adjacent to residential land uses.
20. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.
21. Both sides of Palm Ave. from Harwood St. to Glassell St. adjacent to residential land uses.
22. North side of Palm Ave. from Pine St. to Harwood St.
23. Both sides of Rose Ave. from Glassell St. to Grand St.
24. Both sides of Shaffer St. from Chapman Ave. to Walnut Ave. adjacent to residential land uses.
25. West side of Shaffer St. from Walnut Ave. to the northern property line of 516 North Shaffer St.
26. Both sides of Sycamore Ave. from Cambridge St. to Center St.
27. North side of Sycamore Ave. from Glassell St. to the western property line of 317 West Sycamore Ave. adjacent to residential land uses.
28. South side of Sycamore Ave. from the western property line of 314 West Sycamore Ave. to Lemon St.
29. Both sides of Walnut Ave. from Cambridge St. to Center St. adjacent to residential land uses. 312
Exhibit A
AREA “B”
1. Both sides of Adams Ave. from Glassell St. to Grand St.
2. Both sides of Hoover Ave. from Glassell St. to Grand St.
3. Both sides of Quincy Ave. from Glassell St. to Grand St.
4. Both sides of Wilson Ave. from Glassell St. to Grand St.
AREA “C”
1. Both sides of Compton Ave. from Manchester Ave. to Lewis St.
2. East side of Lewis St. from the northerly property line at 4035 Compton Ave. to the southern property line of 119 N. Lewis St.
3. West side of Manchester Ave. from Sheringham Ave. to Compton Ave.
4. North side of Sheringham Ave. from Manchester Ave. to Windgap Dr.
5. South sides of Sheringham Ave. from Woodridge Cr. to Windgap Dr.
6. Both sides of Sunningdale Cr. from Compton Ave. south to include the cul-de-sac.
7. Both sides of Windgap Dr. from Compton Ave. south to include the cul-de-sac.
8. West side of Woodridge Cr. from Sheringham Ave. south to include the cul-de-sac.
9. East side of Woodridge Cr. from the northerly property line of 119 N. Woodridge Cr. south to include the cul-de-sac.
AREA “D”
1. Both sides of Dunas St. from Maple Ave. north to include the cul-de-sac.
2. Both sides of Maple Ave. from Prospect St. to Olympia Way.
3. Both sides of Olympia Way from Maple Ave. to Spring St.
4. Both sides of Shasta St. from Maple Ave. north to include the cul-de-sac.
5. Both sides of Vine Ave. from Olympia Way to its western terminus.
6. Both sides of First St. from Chapman Ave. north to include the cul-de-sac.
7. Both sides of Pearl Ave. from First St. to McPherson Rd.
8. East side of McPherson Rd. from 131 to 133 N. McPherson Rd.
AREA “E”
1. West side of Elm St. south of Sycamore Ave. to include the cul-de-sac.
AREA “F”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Almond Ave. from Prospect St. to Violet Ln.
2. Both sides of Kathleen St. from Chapman Ave. to Palmyra Ave.
3. Both sides of Palmyra Ave. from Craig Dr. to Prospect St.
4. East side of Prospect St. from Almond Ave. to Palmyra Ave.
5. Both sides of Violet Ln. from Almond Ave. to Palmyra Ave. 313
Exhibit A
AREA “G”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Euclid Ave. from James St. to Seranado St.
2. Both sides of James St. from Sycamore Ave. to Euclid Ave.
3. Both sides of Palm Ave. from Swidler St. to Seranado St.
4. Both sides of Sycamore Ave. from Swidler St. to Seranado St.
5. Both sides of Seranado St. from Spring St. to Walnut Ave.
6. Both sides of Silverleaf Ave. from Thomas St. to Seranado St.
7. Both sides of Spring St. from Swidler St. to Seranado St.
8. Both sides of Swidler St. from Spring St. to Walnut Ave.
9. Both sides of Thomas St. from Sycamore Ave. to Silverleaf Ave.
10. Both sides of Walnut Ave. from Swidler St. to Seranado St.
AREA “H”
1. Both sides of Shaffer St. beginning 390 feet north of Katella Ave. and ending at Trenton Ave. (R-1 zoned single-family residences only.)
AREA “I”
1. Both sides of Almond Ave. from Prospect St. to Dunas St.
2. Both sides of Century Ave. from James St. to Thomas St.
3. Both sides of Craig Dr. 100 feet south of Roberta Dr. to Prospect St.
4. Both sides of Dunas St. from Palmyra Ave. to Almond Ave.
5. Both sides of James St. from Century Dr. to La Veta Ave.
6. North side of La Veta Ave. from Prospect St. to Dunas St.
7. Both sides of Merelet Ln. from Craig Dr. to include the cul-de-sac.
8. Both sides of Olympia Way from Palmyra Ave. to Almond Ave.
9. North side of Palmyra Ave. from Prospect St. to Thomas St.
10. Both sides of Ruth Pl. easterly of James St.
11. Both sides of Ruth Pl. from Prospect St. to Olympia Way.
12. Both sides of Shasta St. from Palmyra Ave. to Almond Ave.
13. Both sides of Thomas St. from Century Dr. to Palmyra Ave.
AREA “J”
1. Both sides of Binnacle Ave. from Jetty Dr. to its easterly terminus.
2. North side of Chapman Ave. from Jetty Dr. to 4537 W. Chapman Ave.
3. North side of Chapman Ave. frontage road from Jetty Dr. to cul-de-sac.
4. Both sides of Grant Pl. from Chapman Ave. northerly to include the cul-de-sac.
5. Both sides of Jetty Dr. from Chapman Ave. to Sirius Ave.
6. West side of Lewis St. from Sirius Ave. to Simmons Ave.
7. South side of Simmons Ave. from Lewis St. to Spinnaker St.
8. Both sides of Sirius Ave. from Lewis St. to Jetty Dr.
9. Both sides of Spinnaker St. from Binnacle Ave. to Simmons Ave. 314
Exhibit A
10. Both sides of Stay Court easterly of Jetty Dr.
11. Both sides of Tiller Ave. from Lewis St. to Spinnaker St.
AREA “K”
1. Both sides of the 2700 block of E. Bennett Ave.
2. Both sides of the 2700 block of E. Killingsworth Ave.
3. Both sides of the 100-200 blocks of N. Malena Dr.
4. Both sides of the 2700 block of E. Sherman Ave.
5. Both sides of the 100-200 blocks of N. Wheeler St.
AREA “L”
1. Both sides of Jacaranda Ave. from Morgan St. to Mallard St.
2. Both sides of Juniper Ave. from Morgan St. to Mallard St.
3. Both sides of Mallard St. from Collins Ave. northerly to 985 N. Mallard St.
4. Both sides of Morgan St. from Collins Ave. northerly to 986 N. Morgan St.
AREA “M”
1. Both sides of Citrus St. from Almond Ave. to the southerly commercial property lines south of Chapman Ave.
AREA “N”
1. West side of Bedford Rd. from La Veta Ave. to Bronson Ave.
AREA “O”
1. North side of Spring St. from Hewes St. to Earlham St.
AREA “P”
1. Both sides of the 1000 block of Gardner Dr.
2. Both sides of the 1000 block of Greengrove St.
3. Both sides of Monroe Ave. from California St. to Lincoln St.
4. Both sides of Quincy Ave. from California St. to Lincoln St.
5. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul-de-sac.
6. West side of Lincoln St. from 990 N. Lincoln St. to Adams Ave.
7. East side of Lincoln St. from 1073 N. Lincoln St. to Adams Ave.
8. Both sides of Adams Ave. between Lincoln St. and California St.
AREA “Q”
1. Both sides of the 8500 block of Biscayne Way.
2. Both sides of the 8500 block of Deershire Ct.
3. Both sides of the 200 block of Fairfield Ln.
4. Both sides of the 200 block of Firenza Way.
5. Both sides of the 8500 block of Heatherview Ln.
315
Exhibit A
AREA “R”
1. Both sides of San Luis Dr. from 7821 (north side) to Santa Cruz Ave., and from 7816 (south side) to the beginning of 8132.
2. 8102 and 8110 Santa Cruz Ave. (south side).
3. Both sides of Santa Maria St. between San Luis Dr. and Santa Cruz Ave.
AREA “S”
1. Both sides of Poplar St. between Maple Ave. and the cul-de-sac.
2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.
3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave.
4. Both sides of Eckhoff St. between 130-283 N. Eckhoff St.
AREA “T”
1. Both sides of Cully Dr. from the westerly property lines of 861 and 864 W. Cully Dr. to the cul-de-sac.
2. Four spaces on the east side of Eckhoff St. from the southerly limit to W. Arbor Way (approximately 110 feet).
3. Five spaces on the east side of Eckhoff St. from 45 feet north of W. Arbor Way end of curb return to Maple Ave. (approximately 140 feet. It allows one parking space to remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for visibility).
4. Three spaces on the east side of Eckhoff St. north of Willow Ave. to the northerly limit (approximately 70 feet).
5. Two spaces on the east side of Eckhoff St. from the existing red curb north of Maple Ave. to the driveway south of 206 N. Eckhoff St.
AREA “U”
1. Both sides of Waverly St. from the northerly property lines of 133 and 138 S. Waverly St. to Almond Ave.
AREA “V”
1. The south side of E. Rose Ave. from 1932/1934 to N. Highland St.
2. Both sides of N. Highland St. from E. Rose Ave. to E. Barkley Ave.
3. Both sides of E. Mayfair Ave. from 1740 E. Mayfair Ave. to N. Highland St.
4. The south side of E. Lomita Ave. from 1734/1736 to N. Highland St.
5. The north side of E. Lomita Ave. from 1901 to N. Highland St.
6. Both sides of E. Barkley Ave. from the cul-de-sac to N. Highland St.
7. Both sides of the cul-de-sacs of N. Victoria Dr., N. Russell Dr., and N. Shirley Dr., north of E.
Mayfair Ave.
316
Exhibit A
AREA “W”
1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac.
2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744
3. E. Orange Grove Ave.
4. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.
5. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.
AREA “X”
1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.
AREA “Y”
1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave.
AREA “Z”
1. Both sides of Sycamore Ave. from Rancho Santiago Blvd. to Richard St.
2. Both sides Rancho Santiago Blvd. from the south city limits to Silverleaf Ave.
3. Both sides of Silverleaf Ave. from Rancho Santiago Blvd. to Richard St.
4. Both sides of Christine St. from Silverleaf Ave. to Sycamore Ave.
5. Both sides of Richard St. from Silverleaf Ave. to Sycamore Ave.
AREA “AA”
1. Both sides of Ryals Ln. from the West City limit to Bob White Way.
2. East side of Bob White Way between Ryals and Partridge Ln.
3. Both sides of the 200 Block of Renee St.
OPPORTUNITY AREA “1”
1. Both sides of Lilac Ln. from Culver Ave. to Orchard Ave.
2. Both sides of Plum Ln. from Culver Ave. to Orchard Ave.
3. Both sides of Orchard Ave. from Flower St. to the easterly terminus of the street.
4. Both sides of Bedford Rd. between Culver Ave. and La Veta Ave.
5. Both sides of Devon Rd. between Palmyra Ave. and Culver Ave. (permit parking between the hours 4:00p.m. and 9:00a.m.)
6. Both sides of Crest Rd. between Palmyra Ave. and Culver Ave.
Opportunity Area “2”
1. Both sides of Fairway Dr. from Cambridge St. to Tustin St.
2. Both sides of Young Cir. south of Fairway Dr.
3. Both sides of Greenview Dr. south of Fairway Dr.
317
Exhibit A
OPPORTUNITY AREA “3”
1. Wayfield St. between Palm Ave. and Walnut Ave.
2. Palm Ave. between Park Ln. and Wayfield St.
3. Park Ln. between Dana Pl. and Palm Ave.
4. Wayfield Cr. south of Palm Ave.
5. Both sides of Mount Vernon Ave. between Wayfield St. and Le May Ct.
6. Both sides of Park Ln. between Mount Vernon Ave. and Sycamore Ave.
7. Both sides of Martha Ave. east of Park Ln.
8. Both sides of Sycamore Ave. between Wayfield St. and Highland St.
9. Both sides of Highland St. between Sycamore Ave. and south terminus.
10. Both sides of Wayfield St. from Chapman Ave. north to include the cul-de-sac.
OPPORTUNITY AREA “4”
1. Both sides of Trenton Ave. from the westerly property lines of 331 E. Trenton Ave. and 1482 N.
Grant St. to Shaffer St.
2. Both sides of Trenton Ave., from Shaffer St. to Cleveland St.
3. Both sides of Grant St. from Trenton Ave. to the cul-de sac.
OPPORTUNITY AREA “5”
1. Both sides of Greengrove St. from Meats Ave. to the southern terminus.
2. Both sides of Del Mar Ave. from Cambridge St. to Greengrove St.
3. South side of Meats Ave., from Cambridge St. to Greengrove St. 318
Exhibit B
EXHIBIT B
The following are descriptions of preemptively established permit parking opportunity areas approved by the City Council and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING OPPORTUNITY AREA “A”
Generally bounded by Lomita Avenue to the north, Cypress Street to the west, Chapman Avenue to the south, and Cambridge Street to the east, as shown in Exhibit C.
OPPORTUNITY AREA “1”
To the north, Opportunity Area “1” is comprised of the area bounded by Sycamore Avenue. To the west, Opportunity Area “1” is comprised of the area bounded by, but does not include, the 57 Freeway.
To the south, Opportunity Area “1” is comprised of the area bounded by, but does not include, the 22 Freeway from the 57 Freeway to Bedford Road, and La Veta Avenue from Bedford Road to Main Street. To the east, Opportunity Area “1” is comprised of the area bounded by, and inclusive of, the east side of Bedford Road from the 22 Freeway to La Veta Avenue; and bounded by, but does not include, Main Street from La Veta Avenue to Sycamore Avenue.
OPPORTUNITY AREA “2”
To the north, Opportunity Area “2” is comprised of the area bounded by, but does not include, the Santiago Creek Bike Trail. To the west, Opportunity Area “2” is comprised of the area bounded by, but does not include, Cambridge Street. To the south, Opportunity Area “2” is comprised of the area bounded by, but does not include, the 22 Freeway. To the east, Opportunity Area “2” is comprised of the area bounded by, but does not include, Tustin Street.
OPPORTUNITY AREA “3”
To the north, Opportunity Area “3” is comprised of the area bounded by, but does not include, the Walnut Avenue. To the west, Opportunity Area “3” is comprised of the area bounded by, and inclusive of, Wayfield Street from Walnut Avenue to Palm Avenue and Wayfield Street from Chapman Avenue to the northern terminus of Wayfield Street. To the south, Opportunity Area “2” is comprised of the area bounded by, but does not include, Chapman Avenue. To the east, Opportunity Area “2” is comprised of the area bounded by, but does not include, the 55 Freeway and Le May Court.
OPPORTUNITY AREA “4”
To the north, Opportunity Area “4” is comprised of the area bounded by, and inclusive of, Trenton Avenue. To the west, Opportunity Area “4” is comprised of the area bounded by the western property line of 331 East Trenton Avenue. To the south, Opportunity Area “4” is comprised of the area bounded by the prolongation of the southern property line of 1411 North Shaffer Street and 1412 North Shaffer Street. To the east, Opportunity Area “4” is comprised of the area bounded by, but does not include, Cambridge Street.
319
Exhibit B
OPPORTUNITY AREA “5”
To the north, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, the south side of Meats Avenue. To the west, Opportunity Area “5” is comprised of the area bounded by, but does not include, Cambridge Street. To the south, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, Del Mar Avenue and the southern terminus of Greengrove Street. To the east, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, Greengrove Street.
320
Area A
HARITON ST
OLIVE ST
WALNUT AVE
SYCAMORE AVE
MAPLE AVE
PIXLEY ST
CENTER ST
BARKLEY AVE
GRAND ST
ORANGE ST
LOMITA AVE
LOMITA AVE
SHAFFER ST
MAYFAIR AVE
EVERETT PL
ROSE AVE
CAMBRIDGE ST
SYCAMORE AVE
CAMBRIDGE ST
CENTER ST
PINE ST
ORANGE ST
GRAND ST
CENTER ST
SHAFFER ST
CLEVELAND ST
HARWOOD ST
PINE ST
WAVERLY ST
JACKSON AVE
JACARANDA AVE
SHAFFER ST
GRAND ST
GLASSELL ST
CHAPMAN AVE
MAPLE AVE MAPLE AVE
CHAPMAN AVE
ORANGE ST
MORELAND DR
OLIVE ST
ELIZABETH DR
CENTER ST
MONROE AVE
LOCUST AVE
CENTER ST
OLD ORCHARD LN
ORANGE ST
GRAND ST
HARWOOD ST
JEFFERSON AVE
HARWOOD ST
CLEVELAND ST
STRUCK AV
OAKMONT AVE
PLAZA SQUARE
MAPLEWOOD ST
ORANGE ST
QUINCY AVE
LEMON ST
MONROE AVE
ORANGE ST
HARWOOD ST
HARWOOD ST
PINE ST
WAVERLY ST
OLIVE ST
WALNUT AVE
LEMON ST LEMON ST
CYPRESS ST
LEMON ST
OLIVE ST
GRAND ST
PINE ST
CAMBRIDGE ST
WAVERLY ST
MAPLEWOOD ST
SYCAMORE AVE
ELIZABETH PL
ANGUS AVE
NICHOLAS AVE
MAYFAIR AVE
CYPRESS ST
LEMON ST
LOMITA AVE
BARKLEY AVE
LOMITA AVE
OAKMONT AVE
GRAND ST
MAYFAIR AVE
PINE ST
PIXLEY ST
ATCHISON ST
CYPRESS ST
LEMON ST
OLIVE ST
CYPRESS ST
OLIVE ST
CYPRESS ST
OLIVE ST
HATHAWAY DR
YORKSHIRE PL
UNIVERSITY DR
CENTER ST
SHAFFER ST
HARWOOD ST
SHAFFER ST
CLEVELAND ST
MAPLEWOOD PL
WAVERLY ST
MAPLEWOOD ST
CYPRESS ST
LEMON ST
ORANGE ST
LEMON ST
QUINCY AVE
CAMBRIDGE ST
ADAMS AVE
WAVERLY ST
OAKMONT AVE
CENTER ST
GLASSELL ST
SHAFFER ST
HARWOOD ST
BRENNA LN
PARKER ST
WILSON AVE
GLASSELL ST
ADAMS AVE ADAMS AVE
ORANGETREE LN
MONROE AVE
SHAFFER ST
CAMBRIDGE ST
CLEVELAND ST
HARWOOD ST
JACARANDA AVE
COLLINS AVE COLLINS AVE COLLINS AVE
GLASSELL ST
COLLINS AVE
EVERETT PL
ORANGE ST
MAYFAIR AVE
EVERETT PL WAVERLY ST
CAMBRIDGE ST CAMBRIDGE ST
WALNUT AVE WALNUT AVE
SHAFFER ST
GRAND ST
ROSE AVE
GLASSELL ST GLASSELL ST
CYPRESS ST
LEMON ST
PARKER ST
WALNUT AVE
COPPERFIELD RD
PALM AVE
PARKER ST
PALM AVE
GLASSELL ST GLASSELL ST
PALM AVE
PINE ST PINE ST
PALM AVE
CHAPMAN AVE
CAMBRIDGE ST
MAPLE AVE MAPLE AVE CAMBRIDGE ST
CHAPMAN AVE
PALM AVE
MAPLE AVE
GRAND ST
CHAPMAN AVE
CENTER ST
Area B
Area U
AREA MAP
0 .0.05 0.1 0.2 0.3 0.4
Miles
Chapman University Neighborhood
Permit Parking Area “A”
Exhibit C
WALNUT AVE.
CAMBRIDGE STREETGLASSEL STREETCYPRESS STREET
PALM AVE.
CHAPMAN UNIVERSITY
NEIGHBORHOOD
PERMIT PARKING
AREA A
321
·|þ}
AVE
ST
ST
ST
ECKHOFF
FLOWER
MAIN
S.R. 57 FWY
CHAPMAN AVE
Area E
Area N
Area S
MILLS DR
MARKS WAY
ROBIN RD
ALMOND AVE
LOUISE PL
CASTLE CIR
CAMILLE CIR
CARMEN CIR
DEVON RD
CULVER AVE
FLOWER ST
PLUM LN
FLOWER ST
FLOWER CIR
SILKTREE CIR
DEVON RD
SHERWOOD LN FALLBROOK DR
FAIRBROOK LN
ORANGE RD
CEDAR ST
ASH ST
FLOWER ST
STEVENS ST
BITTERBUSH ST
PALM AVE PALM AVE
MAPLE AVE
STEVENS ST
ECKHOFF ST
ALVAREZ AVE
PRIMROSE DR
CHERRY DR
BIRCH AVE
ELM ST
PALM DR
JEWELL PL
LESTER DR
LIME ST
PALMYRA AVE
CULVER AVE
ALPINE RD
MARIE PL
POINSETTIA DR
CASA LINDA CIR LA LINDA DR
LAS PALMAS CIR
PAUL RD
ORCHARD AVE
STEWART DR
COLUMBIA PL
LIME ST
ALMOND AVE
BUSH ST
McCOY RD
BUSH ST MAPLE AVE
PALM AVE
MAPLE AVE
CHAPMAN AVE
FELDNER RD
FIR ST
MAPLE AVE
CHAPMAN AVE
ARBOR WAY
CHAPMAN AVE CHAPMAN AVE
HOLLY ST
GLENV EI W PL POPLAR ST
FAIRMONT ST
BUSH ST
FERNWOOD DR
ARBOR WAY
ACACIA AVE
BEVERLY DR
ORANGE GROVE AVE
WALNUT AVE
BITTERBUSH ST
FLOWER ST
STEVENS ST
BEATON WAY
LITTLE MAIN ST
PALMYRA AVE
PEPPER ST
CREST RD
BEDFORD RD
DEVON RD
LILAC LN
CREST RD
BEDFORD RD
FLOWER ST
BRONSON ST
POPLAR ST
ALPINE ST
BRADEN CT
DONNEYBROOKE ST
BITTERBUSH ST
FLOWER ST
SYCAMORE AVE
FLOWER ST
POPLAR ST
CHERRY DR
BEVERLY DR
ECKHOFF ST
SYCAMORE AVE
LIME ST
MAIN ST
RAMPART ST
SYCAMORE AVE
PROVIDENCE AVE
ALMOND AVE
FELDNER RD
PEPPER ST
ECKHOFF ST
ORANGEWOOD AVE
MAIN ST
ORANGEWOOD AVE ORANGEWOOD AVE
ECKHOFF ST
ORANGEWOOD AVE
BEVERLY DR
STEVENS ST CHERRY DR
SYCAMORE AVE
CEDAR ST
WILLOW AVE
SPRUCE AVE
SPRUCE AVE
WILLOW AVE
POPLAR ST
HOLLY ST
HEMLOCK ST
MAIN ST MAIN ST
CRESCENT DR
ANITA DR
MILLS DR
LARKSPUR DR
FLOWER ST
ALMOND AVE
POINSETTIA DR
FLOWER ST
PALMYRA AVE PALMYRA AVE
ALMOND AVE
FELDNER RD
MAIN ST MAIN ST
ROBIN RD
LA VETA AVE
LA VETA AVE LA VETA AVE LA VETA AVE CREST RD BEDFORD RD
MAIN ST MAIN ST
LA VETA AVE
TOWN & COUNTRY RD
PALMYRA PL
22 AREA MAP
NPPP OPPORTUNITY
AREA 1
0 .0.05 0.1 0.2 0.3 0.4
Miles Opportunity Area “1”
Exhibit D
322
FAIRWAY DR.
GREENVIEW DR.
C
A
M
B
RID
G
E
S
T. S.R.-22 FWY
Y
O
U
N
G
CIR.
PALMYRA AVE.
Area U
Area OpArea2
AREA MAP
NPPP OPPORTUNITY
AREA 2
0 .0.0325 0.065 0.13 0.195 0.26
Miles Page 1 of 1
323
LOMITA AVE
OAKMONT AVE
CALIFORNIA ST
EVERETT PL
ROSE AVE
CALIFORNIA ST
MADISON AVE
SYCAMORE AVE
HICKORY LN
LINCOLN ST
PALM AVE
SHATTUCK PL
BARKLEY AVE
LOMITA AVE
VICTORIA DR
RUSSELL DR
SHIRLEY DR
MAYFAIR AVE
WALNUT AVE
PARK LN
MILFORD RD
CLINTON ST
ROSE AVE
PALM AVE
SHATTUCK PL SHATTUCK PL
OAKMONT AVE
CALIFORNIA ST
BARKLEY AVE
LINCOLN ST
MADISON AVE
WAYFIELD ST
CALIFORNIA ST
SYCAMORE AVE PARK LN
SYCAMORE AVE
OAK ST
CARRIE AVE
CLINTON ST
CLINTON ST
SACREMENTO ST
HIGHLAND ST
MILFORD ST
SACREMENTO ST
ORANGE GROVE AVE
EVERETT PL
MAYFAIR AVE
EVERETT AVE MARKWOOD ST
ROSE AVE
MARKWOOD ST
SACRAMENTO ST
MADISON AVE
ORANGE GROVE AVE
MILFORD RD
WAYFIELD CIR
DANA PL
OAK ST
WAYFIELD ST
PARK LN
HIGHLAND ST
MT. VERNON AVE
LE MAY CT
MARTHA AVE
SYCAMORE AVE
PALM AVE
DANA AVE
LINCOLN ST
CLINTON ST
HAMILTON AVE
HERITAGE PL
SHATTUCK PL
DANA PL
CALIFORNIA ST
WAYFIELD ST
MARTHA AVE
MILFORD RD
COLLINS AVE COLLINS AVE COLLINS AVE
MAYFAIR AVE MAYFAIR AVE LINCOLN ST LINCOLN ST
ROSE AVE
TUSTIN ST
WALNUT AVE
ORANGE GROVE AVE
WALNUT AVE WALNUT AVE HIGHLAND ST HIGHLAND ST
ORANGE GROVE AVE
MADISON AVE
WALNUT AVE
LINCOLN ST ORANGE GROVE AVE
MT. VERNON AVE
SYCAMORE AVE
DANA AVE
MILFORD RD
TUSTIN ST TUSTIN ST TUSTIN ST
LAEL DR
MAPLE AVE
PALM AVE
Area V
Area W
AREA MAP
EXISTING NPPP
OPPORTUNITY AREA 3
0 .0.04 0.07 0.14 0.21 0.28
Miles Opportunity Area “3”
Exhibit F
324
GLASSELL ST.
TAFT AVE.
TRENTON AVE.
CAMBRIDGE ST.
KATELLA AVE. GRAND ST. CENTER ST. BLAKE ST. SHAFFER ST. CLEVELAND ST HARWOOD ST. PINE ST.
Area H
Area B
AREA MAP
NPPP OPPORTUNITY
AREA 4
0 .0.03 0.07 0.13 0.2 0.26
Miles Opportunity Area “4”
Exhibit G
325
SILVERWOOD ST.
ST.
ST.
ST.
MAPLEWOOD
LINDENHOLZ
EBONYWOOD
GREENGROVE
CAMBRIDGE ST.
CANAL ST
MEATS AVE.
TUSTIN ST.
DEL MAR AVE. LINCOLN ST.
THE VILLAGE
AREA MAP
NPPP OPPORTUNITY
AREA 5
0 .0.03 0.06 0.12 0.18 0.24
Miles Opportunity Area “5”
Exhibit H
326
RESOLUTION NO. 11585
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING A REVISED
MASTER RESOLUTION OF DESIGNATED
PERMITPARKING AREAS AND ESTABLISHED
PERMIT PARKING OPPORTUNITY AREAS
WITHIN THE CITY OF ORANGE
WHEREAS, pursuant to California Vehicle Code Section 22507, local authorities may generally prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and WHEREAS, local authoritiesmay also include a designation of certain streets upon which preferential parking privileges are established with a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution; and WHEREAS, pursuant to the authority provided by the California Vehicle Code, the City Council of the City of Orange codified Chapter 10.30 of the Orange Municipal Code generally establishing parking requirements for the City of Orange; and WHEREAS, Sections 10.30.010 and 10.30.020 specifically establishes the Neighborhood Parking Permit Program designating portions of certain public streets for permitparking and explicitly authorizes the City Council of the City of Orange to add, remove or modify designated areas within the Neighborhood Parking Permit Program by resolution; and WHEREAS, the creation of a “Master Resolution” containing all the permit parking areas in a single document eliminates the need to potentially revise multiple resolutions when an area is added, deleted, or modified within the Neighborhood Parking Permit Program; and WHEREAS, the City Council of the City of Orange most recently adopted said Master Resolution on November 12, 2024 (Resolution No. 11581), containing a list of all permit parking areas within the City; and
WHEREAS, staff now recommends activating additional streets in the Neighborhood Permit Parking Program Opportunity Area “4”; and
WHEREAS, accordingly, the City Council desires to rescind Resolution No. 11581 and replace it with a revised Resolution;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange does resolve as follows:
SECTION I:
That Resolution No. 11581, adopted November 12, 2024, is hereby rescinded, effective immediately upon the date of the adoption of Resolution No. 11585. 327
2 SECTION II:
The following streets be activated in the Neighborhood Permit Parking Program Opportunity Area “4”:
Both sides of Trenton Ave., from Shaffer St. to Cleveland St.
SECTION III:
That the Master Resolution of Permit Parking Area for the Neighborhood Permit Parking Program attached hereto as Exhibits “A”, Exhibit “B”, Exhibit “C”, Exhibit “D”, Exhibit “E”, Exhibit “F”, Exhibit “G”, and Exhibit “H” are hereby adopted.
ADOPTED this day of , 2024
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney, City of Orange
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
328
Exhibit A
EXHIBIT A
The following areas are all areas that have been designated by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”
1. Both sides of Center St. from Walnut Ave. to the southern terminus of Center St. adjacent to residential land uses.
2. Both sides of Cleveland St. from Palm Ave. to Sycamore Ave.
3. East side of Cypress St. from Maple Ave. to the southern property line of 171 North Cypress St.
4. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.
5. Both sides of Everett Pl. from Shaffer St. to Glassell St.
6. Both sides of Glassell St. from Walnut Ave. to Rose Ave.
7. East side of Grand St. from the southern property line of 127 N Grand Street to the northern property line of 147 North Grand St.
8. Both sides of Grand St. from Palm Ave. to the southern property line of 183 N Grand St. adjacent to residential land uses.
9. Both sides of Grand St. from Mayfair Ave. to Walnut Ave. adjacent to residential land uses.
10. Both sides of Harwood St. from Palm Ave. to the northern terminus of Harwood St.
11. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.
12. East side of Lemon St. from Maple Ave. to the southern property line of 149 North Lemon St.
13. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.
14. Both sides of Maple Ave. from Cleveland St. to Orange St. adjacent to residential land uses.
15. North side of Maple Ave. from Olive St. to the eastern property line of 115 East Maple Ave.
16. Both sides of Mayfair Ave. from Shaffer St. to Glassell St.
17. Both sides of Olive St. from Maple Ave. to the northern terminus of Olive St. adjacent to residential land uses.
18. Both sides of Olive St. from Sycamore Ave. to Walnut Ave.
19. Both sides of Orange St. from Maple Ave. to Palm Ave. adjacent to residential land uses.
20. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.
21. Both sides of Palm Ave. from Harwood St. to Glassell St. adjacent to residential land uses.
22. North side of Palm Ave. from Pine St. to Harwood St.
23. Both sides of Rose Ave. from Glassell St. to Grand St.
24. Both sides of Shaffer St. from Chapman Ave. to Walnut Ave. adjacent to residential land uses.
25. West side of Shaffer St. from Walnut Ave. to the northern property line of 516 North Shaffer St.
26. Both sides of Sycamore Ave. from Cambridge St. to Center St.
27. North side of Sycamore Ave. from Glassell St. to the western property line of 317 West Sycamore Ave. adjacent to residential land uses.
28. South side of Sycamore Ave. from the western property line of 314 West Sycamore Ave. to Lemon St.
29. Both sides of Walnut Ave. from Cambridge St. to Center St. adjacent to residential land uses. 329
Exhibit A
AREA “B”
1. Both sides of Adams Ave. from Glassell St. to Grand St.
2. Both sides of Hoover Ave. from Glassell St. to Grand St.
3. Both sides of Quincy Ave. from Glassell St. to Grand St.
4. Both sides of Wilson Ave. from Glassell St. to Grand St.
AREA “C”
1. Both sides of Compton Ave. from Manchester Ave. to Lewis St.
2. East side of Lewis St. from the northerly property line at 4035 Compton Ave. to the southern property line of 119 N. Lewis St.
3. West side of Manchester Ave. from Sheringham Ave. to Compton Ave.
4. North side of Sheringham Ave. from Manchester Ave. to Windgap Dr.
5. South sides of Sheringham Ave. from Woodridge Cr. to Windgap Dr.
6. Both sides of Sunningdale Cr. from Compton Ave. south to include the cul-de-sac.
7. Both sides of Windgap Dr. from Compton Ave. south to include the cul-de-sac.
8. West side of Woodridge Cr. from Sheringham Ave. south to include the cul-de-sac.
9. East side of Woodridge Cr. from the northerly property line of 119 N. Woodridge Cr. south to include the cul-de-sac.
AREA “D”
1. Both sides of Dunas St. from Maple Ave. north to include the cul-de-sac.
2. Both sides of Maple Ave. from Prospect St. to Olympia Way.
3. Both sides of Olympia Way from Maple Ave. to Spring St.
4. Both sides of Shasta St. from Maple Ave. north to include the cul-de-sac.
5. Both sides of Vine Ave. from Olympia Way to its western terminus.
6. Both sides of First St. from Chapman Ave. north to include the cul-de-sac.
7. Both sides of Pearl Ave. from First St. to McPherson Rd.
8. East side of McPherson Rd. from 131 to 133 N. McPherson Rd.
AREA “E”
1. West side of Elm St. south of Sycamore Ave. to include the cul-de-sac.
AREA “F”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Almond Ave. from Prospect St. to Violet Ln.
2. Both sides of Kathleen St. from Chapman Ave. to Palmyra Ave.
3. Both sides of Palmyra Ave. from Craig Dr. to Prospect St.
4. East side of Prospect St. from Almond Ave. to Palmyra Ave.
5. Both sides of Violet Ln. from Almond Ave. to Palmyra Ave. 330
Exhibit A
AREA “G”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Euclid Ave. from James St. to Seranado St.
2. Both sides of James St. from Sycamore Ave. to Euclid Ave.
3. Both sides of Palm Ave. from Swidler St. to Seranado St.
4. Both sides of Sycamore Ave. from Swidler St. to Seranado St.
5. Both sides of Seranado St. from Spring St. to Walnut Ave.
6. Both sides of Silverleaf Ave. from Thomas St. to Seranado St.
7. Both sides of Spring St. from Swidler St. to Seranado St.
8. Both sides of Swidler St. from Spring St. to Walnut Ave.
9. Both sides of Thomas St. from Sycamore Ave. to Silverleaf Ave.
10. Both sides of Walnut Ave. from Swidler St. to Seranado St.
AREA “H”
1. Both sides of Shaffer St. beginning 390 feet north of Katella Ave. and ending at Trenton Ave. (R-1 zoned single-family residences only.)
AREA “I”
1. Both sides of Almond Ave. from Prospect St. to Dunas St.
2. Both sides of Century Ave. from James St. to Thomas St.
3. Both sides of Craig Dr. 100 feet south of Roberta Dr. to Prospect St.
4. Both sides of Dunas St. from Palmyra Ave. to Almond Ave.
5. Both sides of James St. from Century Dr. to La Veta Ave.
6. North side of La Veta Ave. from Prospect St. to Dunas St.
7. Both sides of Merelet Ln. from Craig Dr. to include the cul-de-sac.
8. Both sides of Olympia Way from Palmyra Ave. to Almond Ave.
9. North side of Palmyra Ave. from Prospect St. to Thomas St.
10. Both sides of Ruth Pl. easterly of James St.
11. Both sides of Ruth Pl. from Prospect St. to Olympia Way.
12. Both sides of Shasta St. from Palmyra Ave. to Almond Ave.
13. Both sides of Thomas St. from Century Dr. to Palmyra Ave.
AREA “J”
1. Both sides of Binnacle Ave. from Jetty Dr. to its easterly terminus.
2. North side of Chapman Ave. from Jetty Dr. to 4537 W. Chapman Ave.
3. North side of Chapman Ave. frontage road from Jetty Dr. to cul-de-sac.
4. Both sides of Grant Pl. from Chapman Ave. northerly to include the cul-de-sac.
5. Both sides of Jetty Dr. from Chapman Ave. to Sirius Ave.
6. West side of Lewis St. from Sirius Ave. to Simmons Ave.
7. South side of Simmons Ave. from Lewis St. to Spinnaker St.
8. Both sides of Sirius Ave. from Lewis St. to Jetty Dr.
9. Both sides of Spinnaker St. from Binnacle Ave. to Simmons Ave. 331
Exhibit A
10. Both sides of Stay Court easterly of Jetty Dr.
11. Both sides of Tiller Ave. from Lewis St. to Spinnaker St.
AREA “K”
1. Both sides of the 2700 block of E. Bennett Ave.
2. Both sides of the 2700 block of E. Killingsworth Ave.
3. Both sides of the 100-200 blocks of N. Malena Dr.
4. Both sides of the 2700 block of E. Sherman Ave.
5. Both sides of the 100-200 blocks of N. Wheeler St.
AREA “L”
1. Both sides of Jacaranda Ave. from Morgan St. to Mallard St.
2. Both sides of Juniper Ave. from Morgan St. to Mallard St.
3. Both sides of Mallard St. from Collins Ave. northerly to 985 N. Mallard St.
4. Both sides of Morgan St. from Collins Ave. northerly to 986 N. Morgan St.
AREA “M”
1. Both sides of Citrus St. from Almond Ave. to the southerly commercial property lines south of Chapman Ave.
AREA “N”
1. West side of Bedford Rd. from La Veta Ave. to Bronson Ave.
AREA “O”
1. North side of Spring St. from Hewes St. to Earlham St.
AREA “P”
1. Both sides of the 1000 block of Gardner Dr.
2. Both sides of the 1000 block of Greengrove St.
3. Both sides of Monroe Ave. from California St. to Lincoln St.
4. Both sides of Quincy Ave. from California St. to Lincoln St.
5. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul-de-sac.
6. West side of Lincoln St. from 990 N. Lincoln St. to Adams Ave.
7. East side of Lincoln St. from 1073 N. Lincoln St. to Adams Ave.
8. Both sides of Adams Ave. between Lincoln St. and California St.
AREA “Q”
1. Both sides of the 8500 block of Biscayne Way.
2. Both sides of the 8500 block of Deershire Ct.
3. Both sides of the 200 block of Fairfield Ln.
4. Both sides of the 200 block of Firenza Way.
5. Both sides of the 8500 block of Heatherview Ln.
332
Exhibit A
AREA “R”
1. Both sides of San Luis Dr. from 7821 (north side) to Santa Cruz Ave., and from 7816 (south side) to the beginning of 8132.
2. 8102 and 8110 Santa Cruz Ave. (south side).
3. Both sides of Santa Maria St. between San Luis Dr. and Santa Cruz Ave.
AREA “S”
1. Both sides of Poplar St. between Maple Ave. and the cul-de-sac.
2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.
3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave.
4. Both sides of Eckhoff St. between 130-283 N. Eckhoff St.
AREA “T”
1. Both sides of Cully Dr. from the westerly property lines of 861 and 864 W. Cully Dr. to the cul-de-sac.
2. Four spaces on the east side of Eckhoff St. from the southerly limit to W. Arbor Way (approximately 110 feet).
3. Five spaces on the east side of Eckhoff St. from 45 feet north of W. Arbor Way end of curb return to Maple Ave. (approximately 140 feet. It allows one parking space to remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for visibility).
4. Three spaces on the east side of Eckhoff St. north of Willow Ave. to the northerly limit (approximately 70 feet).
5. Two spaces on the east side of Eckhoff St. from the existing red curb north of Maple Ave. to the driveway south of 206 N. Eckhoff St.
AREA “U”
1. Both sides of Waverly St. from the northerly property lines of 133 and 138 S. Waverly St. to Almond Ave.
AREA “V”
1. The south side of E. Rose Ave. from 1932/1934 to N. Highland St.
2. Both sides of N. Highland St. from E. Rose Ave. to E. Barkley Ave.
3. Both sides of E. Mayfair Ave. from 1740 E. Mayfair Ave. to N. Highland St.
4. The south side of E. Lomita Ave. from 1734/1736 to N. Highland St.
5. The north side of E. Lomita Ave. from 1901 to N. Highland St.
6. Both sides of E. Barkley Ave. from the cul-de-sac to N. Highland St.
7. Both sides of the cul-de-sacs of N. Victoria Dr., N. Russell Dr., and N. Shirley Dr., north of E.
Mayfair Ave.
333
Exhibit A
AREA “W”
1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac.
2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744
3. E. Orange Grove Ave.
4. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.
5. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.
AREA “X”
1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.
AREA “Y”
1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave.
AREA “Z”
1. Both sides of Sycamore Ave. from Rancho Santiago Blvd. to Richard St.
2. Both sides Rancho Santiago Blvd. from the south city limits to Silverleaf Ave.
3. Both sides of Silverleaf Ave. from Rancho Santiago Blvd. to Richard St.
4. Both sides of Christine St. from Silverleaf Ave. to Sycamore Ave.
5. Both sides of Richard St. from Silverleaf Ave. to Sycamore Ave.
AREA “AA”
1. Both sides of Ryals Ln. from the West City limit to Bob White Way.
2. East side of Bob White Way between Ryals and Partridge Ln.
3. Both sides of the 200 Block of Renee St.
OPPORTUNITY AREA “1”
1. Both sides of Lilac Ln. from Culver Ave. to Orchard Ave.
2. Both sides of Plum Ln. from Culver Ave. to Orchard Ave.
3. Both sides of Orchard Ave. from Flower St. to the easterly terminus of the street.
4. Both sides of Bedford Rd. between Culver Ave. and La Veta Ave.
5. Both sides of Devon Rd. between Palmyra Ave. and Culver Ave. (permit parking between the hours 4:00p.m. and 9:00a.m.)
6. Both sides of Crest Rd. between Palmyra Ave. and Culver Ave.
Opportunity Area “2”
1. Both sides of Fairway Dr. from Cambridge St. to Tustin St.
2. Both sides of Young Cir. south of Fairway Dr.
3. Both sides of Greenview Dr. south of Fairway Dr.
334
Exhibit A
OPPORTUNITY AREA “3”
1. Wayfield St. between Palm Ave. and Walnut Ave.
2. Palm Ave. between Park Ln. and Wayfield St.
3. Park Ln. between Dana Pl. and Palm Ave.
4. Wayfield Cr. south of Palm Ave.
5. Both sides of Mount Vernon Ave. between Wayfield St. and Le May Ct.
6. Both sides of Park Ln. between Mount Vernon Ave. and Sycamore Ave.
7. Both sides of Martha Ave. east of Park Ln.
8. Both sides of Sycamore Ave. between Wayfield St. and Highland St.
9. Both sides of Highland St. between Sycamore Ave. and south terminus.
10. Both sides of Wayfield St. from Chapman Ave. north to include the cul-de-sac.
OPPORTUNITY AREA “4”
1. Both sides of Trenton Ave. from the westerly property lines of 331 E. Trenton Ave. and 1482 N.
Grant St. to Shaffer St.
2. Both sides of Trenton Ave., from Shaffer St. to Cleveland St.
3. Both sides of Grant St. from Trenton Ave. to the cul-de sac.
OPPORTUNITY AREA “5”
1. Both sides of Greengrove St. from Meats Ave. to the southern terminus.
2. Both sides of Del Mar Ave. from Cambridge St. to Greengrove St. 335
Exhibit B
EXHIBIT B
The following are descriptions of preemptively established permit parking opportunity areas approved by the City Council and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING OPPORTUNITY AREA “A”
Generally bounded by Lomita Avenue to the north, Cypress Street to the west, Chapman Avenue to the south, and Cambridge Street to the east, as shown in Exhibit C.
OPPORTUNITY AREA “1”
To the north, Opportunity Area “1” is comprised of the area bounded by Sycamore Avenue. To the west, Opportunity Area “1” is comprised of the area bounded by, but does not include, the 57 Freeway.
To the south, Opportunity Area “1” is comprised of the area bounded by, but does not include, the 22 Freeway from the 57 Freeway to Bedford Road, and La Veta Avenue from Bedford Road to Main Street. To the east, Opportunity Area “1” is comprised of the area bounded by, and inclusive of, the east side of Bedford Road from the 22 Freeway to La Veta Avenue; and bounded by, but does not include, Main Street from La Veta Avenue to Sycamore Avenue.
OPPORTUNITY AREA “2”
To the north, Opportunity Area “2” is comprised of the area bounded by, but does not include, the Santiago Creek Bike Trail. To the west, Opportunity Area “2” is comprised of the area bounded by, but does not include, Cambridge Street. To the south, Opportunity Area “2” is comprised of the area bounded by, but does not include, the 22 Freeway. To the east, Opportunity Area “2” is comprised of the area bounded by, but does not include, Tustin Street.
OPPORTUNITY AREA “3”
To the north, Opportunity Area “3” is comprised of the area bounded by, but does not include, the Walnut Avenue. To the west, Opportunity Area “3” is comprised of the area bounded by, and inclusive of, Wayfield Street from Walnut Avenue to Palm Avenue and Wayfield Street from Chapman Avenue to the northern terminus of Wayfield Street. To the south, Opportunity Area “2” is comprised of the area bounded by, but does not include, Chapman Avenue. To the east, Opportunity Area “2” is comprised of the area bounded by, but does not include, the 55 Freeway and Le May Court.
OPPORTUNITY AREA “4”
To the north, Opportunity Area “4” is comprised of the area bounded by, and inclusive of, Trenton Avenue. To the west, Opportunity Area “4” is comprised of the area bounded by the western property line of 331 East Trenton Avenue. To the south, Opportunity Area “4” is comprised of the area bounded by the prolongation of the southern property line of 1411 North Shaffer Street and 1412 North Shaffer Street. To the east, Opportunity Area “4” is comprised of the area bounded by, but does not include, Cambridge Street.
336
Exhibit B
OPPORTUNITY AREA “5”
To the north, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, the south side of Meats Avenue. To the west, Opportunity Area “5” is comprised of the area bounded by, but does not include, Cambridge Street. To the south, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, Del Mar Avenue and the southern terminus of Greengrove Street. To the east, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, Greengrove Street.
337
Area A
HARITON ST
OLIVE ST
WALNUT AVE
SYCAMORE AVE
MAPLE AVE
PIXLEY ST
CENTER ST
BARKLEY AVE
GRAND ST
ORANGE ST
LOMITA AVE
LOMITA AVE
SHAFFER ST
MAYFAIR AVE
EVERETT PL
ROSE AVE
CAMBRIDGE ST
SYCAMORE AVE
CAMBRIDGE ST
CENTER ST
PINE ST
ORANGE ST
GRAND ST
CENTER ST
SHAFFER ST
CLEVELAND ST
HARWOOD ST
PINE ST
WAVERLY ST
JACKSON AVE
JACARANDA AVE
SHAFFER ST
GRAND ST
GLASSELL ST
CHAPMAN AVE
MAPLE AVE MAPLE AVE
CHAPMAN AVE
ORANGE ST
MORELAND DR
OLIVE ST
ELIZABETH DR
CENTER ST
MONROE AVE
LOCUST AVE
CENTER ST
OLD ORCHARD LN
ORANGE ST
GRAND ST
HARWOOD ST
JEFFERSON AVE
HARWOOD ST
CLEVELAND ST
STRUCK AV
OAKMONT AVE
PLAZA SQUARE
MAPLEWOOD ST
ORANGE ST
QUINCY AVE
LEMON ST
MONROE AVE
ORANGE ST
HARWOOD ST
HARWOOD ST
PINE ST
WAVERLY ST
OLIVE ST
WALNUT AVE
LEMON ST LEMON ST
CYPRESS ST
LEMON ST
OLIVE ST
GRAND ST
PINE ST
CAMBRIDGE ST
WAVERLY ST
MAPLEWOOD ST
SYCAMORE AVE
ELIZABETH PL
ANGUS AVE
NICHOLAS AVE
MAYFAIR AVE
CYPRESS ST
LEMON ST
LOMITA AVE
BARKLEY AVE
LOMITA AVE
OAKMONT AVE
GRAND ST
MAYFAIR AVE
PINE ST
PIXLEY ST
ATCHISON ST
CYPRESS ST
LEMON ST
OLIVE ST
CYPRESS ST
OLIVE ST
CYPRESS ST
OLIVE ST
HATHAWAY DR
YORKSHIRE PL
UNIVERSITY DR
CENTER ST
SHAFFER ST
HARWOOD ST
SHAFFER ST
CLEVELAND ST
MAPLEWOOD PL
WAVERLY ST
MAPLEWOOD ST
CYPRESS ST
LEMON ST
ORANGE ST
LEMON ST
QUINCY AVE
CAMBRIDGE ST
ADAMS AVE
WAVERLY ST
OAKMONT AVE
CENTER ST
GLASSELL ST
SHAFFER ST
HARWOOD ST
BRENNA LN
PARKER ST
WILSON AVE
GLASSELL ST
ADAMS AVE ADAMS AVE
ORANGETREE LN
MONROE AVE
SHAFFER ST
CAMBRIDGE ST
CLEVELAND ST
HARWOOD ST
JACARANDA AVE
COLLINS AVE COLLINS AVE COLLINS AVE
GLASSELL ST
COLLINS AVE
EVERETT PL
ORANGE ST
MAYFAIR AVE
EVERETT PL WAVERLY ST
CAMBRIDGE ST CAMBRIDGE ST
WALNUT AVE WALNUT AVE
SHAFFER ST
GRAND ST
ROSE AVE
GLASSELL ST GLASSELL ST
CYPRESS ST
LEMON ST
PARKER ST
WALNUT AVE
COPPERFIELD RD
PALM AVE
PARKER ST
PALM AVE
GLASSELL ST GLASSELL ST
PALM AVE
PINE ST PINE ST
PALM AVE
CHAPMAN AVE
CAMBRIDGE ST
MAPLE AVE MAPLE AVE CAMBRIDGE ST
CHAPMAN AVE
PALM AVE
MAPLE AVE
GRAND ST
CHAPMAN AVE
CENTER ST
Area B
Area U
AREA MAP
0 .0.05 0.1 0.2 0.3 0.4
Miles
Chapman University Neighborhood
Permit Parking Area “A”
Exhibit C
WALNUT AVE.
CAMBRIDGE STREETGLASSEL STREETCYPRESS STREET
PALM AVE.
CHAPMAN UNIVERSITY
NEIGHBORHOOD
PERMIT PARKING
AREA A
338
·|þ}
AVE
ST
ST
ST
ECKHOFF
FLOWER
MAIN
S.R. 57 FWY
CHAPMAN AVE
Area E
Area N
Area S
MILLS DR
MARKS WAY
ROBIN RD
ALMOND AVE
LOUISE PL
CASTLE CIR
CAMILLE CIR
CARMEN CIR
DEVON RD
CULVER AVE
FLOWER ST
PLUM LN
FLOWER ST
FLOWER CIR
SILKTREE CIR
DEVON RD
SHERWOOD LN FALLBROOK DR
FAIRBROOK LN
ORANGE RD
CEDAR ST
ASH ST
FLOWER ST
STEVENS ST
BITTERBUSH ST
PALM AVE PALM AVE
MAPLE AVE
STEVENS ST
ECKHOFF ST
ALVAREZ AVE
PRIMROSE DR
CHERRY DR
BIRCH AVE
ELM ST
PALM DR
JEWELL PL
LESTER DR
LIME ST
PALMYRA AVE
CULVER AVE
ALPINE RD
MARIE PL
POINSETTIA DR
CASA LINDA CIR LA LINDA DR
LAS PALMAS CIR
PAUL RD
ORCHARD AVE
STEWART DR
COLUMBIA PL
LIME ST
ALMOND AVE
BUSH ST
McCOY RD
BUSH ST MAPLE AVE
PALM AVE
MAPLE AVE
CHAPMAN AVE
FELDNER RD
FIR ST
MAPLE AVE
CHAPMAN AVE
ARBOR WAY
CHAPMAN AVE CHAPMAN AVE
HOLLY ST
GLENV EI W PL POPLAR ST
FAIRMONT ST
BUSH ST
FERNWOOD DR
ARBOR WAY
ACACIA AVE
BEVERLY DR
ORANGE GROVE AVE
WALNUT AVE
BITTERBUSH ST
FLOWER ST
STEVENS ST
BEATON WAY
LITTLE MAIN ST
PALMYRA AVE
PEPPER ST
CREST RD
BEDFORD RD
DEVON RD
LILAC LN
CREST RD
BEDFORD RD
FLOWER ST
BRONSON ST
POPLAR ST
ALPINE ST
BRADEN CT
DONNEYBROOKE ST
BITTERBUSH ST
FLOWER ST
SYCAMORE AVE
FLOWER ST
POPLAR ST
CHERRY DR
BEVERLY DR
ECKHOFF ST
SYCAMORE AVE
LIME ST
MAIN ST
RAMPART ST
SYCAMORE AVE
PROVIDENCE AVE
ALMOND AVE
FELDNER RD
PEPPER ST
ECKHOFF ST
ORANGEWOOD AVE
MAIN ST
ORANGEWOOD AVE ORANGEWOOD AVE
ECKHOFF ST
ORANGEWOOD AVE
BEVERLY DR
STEVENS ST CHERRY DR
SYCAMORE AVE
CEDAR ST
WILLOW AVE
SPRUCE AVE
SPRUCE AVE
WILLOW AVE
POPLAR ST
HOLLY ST
HEMLOCK ST
MAIN ST MAIN ST
CRESCENT DR
ANITA DR
MILLS DR
LARKSPUR DR
FLOWER ST
ALMOND AVE
POINSETTIA DR
FLOWER ST
PALMYRA AVE PALMYRA AVE
ALMOND AVE
FELDNER RD
MAIN ST MAIN ST
ROBIN RD
LA VETA AVE
LA VETA AVE LA VETA AVE LA VETA AVE CREST RD BEDFORD RD
MAIN ST MAIN ST
LA VETA AVE
TOWN & COUNTRY RD
PALMYRA PL
22 AREA MAP
NPPP OPPORTUNITY
AREA 1
0 .0.05 0.1 0.2 0.3 0.4
Miles Opportunity Area “1”
Exhibit D
339
FAIRWAY DR.
GREENVIEW DR.
C
A
M
B
RID
G
E
S
T. S.R.-22 FWY
Y
O
U
N
G
CIR.
PALMYRA AVE.
Area U
Area OpArea2
AREA MAP
NPPP OPPORTUNITY
AREA 2
0 .0.0325 0.065 0.13 0.195 0.26
Miles Page 1 of 1
340
LOMITA AVE
OAKMONT AVE
CALIFORNIA ST
EVERETT PL
ROSE AVE
CALIFORNIA ST
MADISON AVE
SYCAMORE AVE
HICKORY LN
LINCOLN ST
PALM AVE
SHATTUCK PL
BARKLEY AVE
LOMITA AVE
VICTORIA DR
RUSSELL DR
SHIRLEY DR
MAYFAIR AVE
WALNUT AVE
PARK LN
MILFORD RD
CLINTON ST
ROSE AVE
PALM AVE
SHATTUCK PL SHATTUCK PL
OAKMONT AVE
CALIFORNIA ST
BARKLEY AVE
LINCOLN ST
MADISON AVE
WAYFIELD ST
CALIFORNIA ST
SYCAMORE AVE PARK LN
SYCAMORE AVE
OAK ST
CARRIE AVE
CLINTON ST
CLINTON ST
SACREMENTO ST
HIGHLAND ST
MILFORD ST
SACREMENTO ST
ORANGE GROVE AVE
EVERETT PL
MAYFAIR AVE
EVERETT AVE MARKWOOD ST
ROSE AVE
MARKWOOD ST
SACRAMENTO ST
MADISON AVE
ORANGE GROVE AVE
MILFORD RD
WAYFIELD CIR
DANA PL
OAK ST
WAYFIELD ST
PARK LN
HIGHLAND ST
MT. VERNON AVE
LE MAY CT
MARTHA AVE
SYCAMORE AVE
PALM AVE
DANA AVE
LINCOLN ST
CLINTON ST
HAMILTON AVE
HERITAGE PL
SHATTUCK PL
DANA PL
CALIFORNIA ST
WAYFIELD ST
MARTHA AVE
MILFORD RD
COLLINS AVE COLLINS AVE COLLINS AVE
MAYFAIR AVE MAYFAIR AVE LINCOLN ST LINCOLN ST
ROSE AVE
TUSTIN ST
WALNUT AVE
ORANGE GROVE AVE
WALNUT AVE WALNUT AVE HIGHLAND ST HIGHLAND ST
ORANGE GROVE AVE
MADISON AVE
WALNUT AVE
LINCOLN ST ORANGE GROVE AVE
MT. VERNON AVE
SYCAMORE AVE
DANA AVE
MILFORD RD
TUSTIN ST TUSTIN ST TUSTIN ST
LAEL DR
MAPLE AVE
PALM AVE
Area V
Area W
AREA MAP
EXISTING NPPP
OPPORTUNITY AREA 3
0 .0.04 0.07 0.14 0.21 0.28
Miles Opportunity Area “3”
Exhibit F
341
GLASSELL ST.
TAFT AVE.
TRENTON AVE.
CAMBRIDGE ST.
KATELLA AVE. GRAND ST. CENTER ST. BLAKE ST. SHAFFER ST. CLEVELAND ST HARWOOD ST. PINE ST.
Area H
Area B
AREA MAP
NPPP OPPORTUNITY
AREA 4
0 .0.03 0.07 0.13 0.2 0.26
Miles Opportunity Area “4”
Exhibit G
342
SILVERWOOD ST.
ST.
ST.
ST.
MAPLEWOOD
LINDENHOLZ
EBONYWOOD
GREENGROVE
CAMBRIDGE ST.
CANAL ST
MEATS AVE.
TUSTIN ST.
DEL MAR AVE. LINCOLN ST.
THE VILLAGE
AREA MAP
NPPP OPPORTUNITY
AREA 5
0 .0.03 0.06 0.12 0.18 0.24
Miles Opportunity Area “5”
Exhibit H
343
RESOLUTION NO. 11586
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADOPTING A REVISED
MASTER RESOLUTION OF DESIGNATED
PERMIT PARKING AREAS AND ESTABLISHED
PERMIT PARKING OPPORTUNITY AREAS
WITHIN THE CITY OF ORANGE
WHEREAS, pursuant to California Vehicle Code Section 22507, local authorities may generally prohibit or restrict the stopping, parking, or standing of vehicles on certain streets or highways, or portions thereof, during all or certain hours of the day; and WHEREAS, local authoritiesmay also include a designation of certain streets upon which preferential parking privileges are established with a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution; and WHEREAS, pursuant to the authority provided by the California Vehicle Code, the City Council of the City of Orange codified Chapter 10.30 of the Orange Municipal Code generally establishing parking requirements for the City of Orange; and WHEREAS, Sections 10.30.010 and 10.30.020 specifically establishes the Neighborhood Parking Permit Program designating portions of certain public streets for permitparking and explicitly authorizes the City Council of the City of Orange to add, remove or modify designated areas within the Neighborhood Parking Permit Program by resolution; and WHEREAS, the creation of a “Master Resolution” containing all the permit parking areas in a single document eliminates the need to potentially revise multiple resolutions when an area is added, deleted, or modified within the Neighborhood Parking Permit Program; and WHEREAS, the City Council of the City of Orange most recently adopted said Master Resolution on November 12, 2024 (Resolution No. 11581), containing a list of all permit parking areas within the City; and
WHEREAS, staff now recommends activating additional streets in the Neighborhood Permit Parking Program Opportunity Area “5”; and
WHEREAS, accordingly, the City Council desires to rescind Resolution No. 11581 and replace it with a revised Resolution;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Orange does resolve as follows:
SECTION I:
That Resolution No. 11581, adopted November 12, 2024, is hereby rescinded, effective immediately upon the date of the adoption of Resolution No. 11586. 344
2 SECTION II:
The following streets be activated in the Neighborhood Permit Parking Program Opportunity Area “5”:
South side of Meats Ave., from Cambridge St. to Greengrove St.
SECTION III:
That the Master Resolution of Permit Parking Area for the Neighborhood Permit Parking Program attached hereto as Exhibits “A”, Exhibit “B”, Exhibit “C”, Exhibit “D”, Exhibit “E”, Exhibit “F”, Exhibit “G”, and Exhibit “H” are hereby adopted.
ADOPTED this day of , 2024
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney, City of Orange
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange
345
Exhibit A
EXHIBIT A
The following areas are all areas that have been designated by the City Council for inclusion in the Neighborhood Permit Parking Program and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING AREA “A”
1. Both sides of Center St. from Walnut Ave. to the southern terminus of Center St. adjacent to residential land uses.
2. Both sides of Cleveland St. from Palm Ave. to Sycamore Ave.
3. East side of Cypress St. from Maple Ave. to the southern property line of 171 North Cypress St.
4. Both sides of Cypress St. from Walnut Ave. to Sycamore Ave.
5. Both sides of Everett Pl. from Shaffer St. to Glassell St.
6. Both sides of Glassell St. from Walnut Ave. to Rose Ave.
7. East side of Grand St. from the southern property line of 127 N Grand Street to the northern property line of 147 North Grand St.
8. Both sides of Grand St. from Palm Ave. to the southern property line of 183 N Grand St. adjacent to residential land uses.
9. Both sides of Grand St. from Mayfair Ave. to Walnut Ave. adjacent to residential land uses.
10. Both sides of Harwood St. from Palm Ave. to the northern terminus of Harwood St.
11. Both sides of Jefferson Ave. from Harwood St. to Shaffer St.
12. East side of Lemon St. from Maple Ave. to the southern property line of 149 North Lemon St.
13. Both sides of Lemon St. from Palm Ave. to Walnut Ave. adjacent to residential land uses.
14. Both sides of Maple Ave. from Cleveland St. to Orange St. adjacent to residential land uses.
15. North side of Maple Ave. from Olive St. to the eastern property line of 115 East Maple Ave.
16. Both sides of Mayfair Ave. from Shaffer St. to Glassell St.
17. Both sides of Olive St. from Maple Ave. to the northern terminus of Olive St. adjacent to residential land uses.
18. Both sides of Olive St. from Sycamore Ave. to Walnut Ave.
19. Both sides of Orange St. from Maple Ave. to Palm Ave. adjacent to residential land uses.
20. Both sides of Orange St. from Walnut Ave. to the northern terminus of Orange St.
21. Both sides of Palm Ave. from Harwood St. to Glassell St. adjacent to residential land uses.
22. North side of Palm Ave. from Pine St. to Harwood St.
23. Both sides of Rose Ave. from Glassell St. to Grand St.
24. Both sides of Shaffer St. from Chapman Ave. to Walnut Ave. adjacent to residential land uses.
25. West side of Shaffer St. from Walnut Ave. to the northern property line of 516 North Shaffer St.
26. Both sides of Sycamore Ave. from Cambridge St. to Center St.
27. North side of Sycamore Ave. from Glassell St. to the western property line of 317 West Sycamore Ave. adjacent to residential land uses.
28. South side of Sycamore Ave. from the western property line of 314 West Sycamore Ave. to Lemon St.
29. Both sides of Walnut Ave. from Cambridge St. to Center St. adjacent to residential land uses. 346
Exhibit A
AREA “B”
1. Both sides of Adams Ave. from Glassell St. to Grand St.
2. Both sides of Hoover Ave. from Glassell St. to Grand St.
3. Both sides of Quincy Ave. from Glassell St. to Grand St.
4. Both sides of Wilson Ave. from Glassell St. to Grand St.
AREA “C”
1. Both sides of Compton Ave. from Manchester Ave. to Lewis St.
2. East side of Lewis St. from the northerly property line at 4035 Compton Ave. to the southern property line of 119 N. Lewis St.
3. West side of Manchester Ave. from Sheringham Ave. to Compton Ave.
4. North side of Sheringham Ave. from Manchester Ave. to Windgap Dr.
5. South sides of Sheringham Ave. from Woodridge Cr. to Windgap Dr.
6. Both sides of Sunningdale Cr. from Compton Ave. south to include the cul-de-sac.
7. Both sides of Windgap Dr. from Compton Ave. south to include the cul-de-sac.
8. West side of Woodridge Cr. from Sheringham Ave. south to include the cul-de-sac.
9. East side of Woodridge Cr. from the northerly property line of 119 N. Woodridge Cr. south to include the cul-de-sac.
AREA “D”
1. Both sides of Dunas St. from Maple Ave. north to include the cul-de-sac.
2. Both sides of Maple Ave. from Prospect St. to Olympia Way.
3. Both sides of Olympia Way from Maple Ave. to Spring St.
4. Both sides of Shasta St. from Maple Ave. north to include the cul-de-sac.
5. Both sides of Vine Ave. from Olympia Way to its western terminus.
6. Both sides of First St. from Chapman Ave. north to include the cul-de-sac.
7. Both sides of Pearl Ave. from First St. to McPherson Rd.
8. East side of McPherson Rd. from 131 to 133 N. McPherson Rd.
AREA “E”
1. West side of Elm St. south of Sycamore Ave. to include the cul-de-sac.
AREA “F”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Almond Ave. from Prospect St. to Violet Ln.
2. Both sides of Kathleen St. from Chapman Ave. to Palmyra Ave.
3. Both sides of Palmyra Ave. from Craig Dr. to Prospect St.
4. East side of Prospect St. from Almond Ave. to Palmyra Ave.
5. Both sides of Violet Ln. from Almond Ave. to Palmyra Ave. 347
Exhibit A
AREA “G”
Permit Parking between the hours of 10:00 p.m. and 6:00 a.m.
1. Both sides of Euclid Ave. from James St. to Seranado St.
2. Both sides of James St. from Sycamore Ave. to Euclid Ave.
3. Both sides of Palm Ave. from Swidler St. to Seranado St.
4. Both sides of Sycamore Ave. from Swidler St. to Seranado St.
5. Both sides of Seranado St. from Spring St. to Walnut Ave.
6. Both sides of Silverleaf Ave. from Thomas St. to Seranado St.
7. Both sides of Spring St. from Swidler St. to Seranado St.
8. Both sides of Swidler St. from Spring St. to Walnut Ave.
9. Both sides of Thomas St. from Sycamore Ave. to Silverleaf Ave.
10. Both sides of Walnut Ave. from Swidler St. to Seranado St.
AREA “H”
1. Both sides of Shaffer St. beginning 390 feet north of Katella Ave. and ending at Trenton Ave. (R-1 zoned single-family residences only.)
AREA “I”
1. Both sides of Almond Ave. from Prospect St. to Dunas St.
2. Both sides of Century Ave. from James St. to Thomas St.
3. Both sides of Craig Dr. 100 feet south of Roberta Dr. to Prospect St.
4. Both sides of Dunas St. from Palmyra Ave. to Almond Ave.
5. Both sides of James St. from Century Dr. to La Veta Ave.
6. North side of La Veta Ave. from Prospect St. to Dunas St.
7. Both sides of Merelet Ln. from Craig Dr. to include the cul-de-sac.
8. Both sides of Olympia Way from Palmyra Ave. to Almond Ave.
9. North side of Palmyra Ave. from Prospect St. to Thomas St.
10. Both sides of Ruth Pl. easterly of James St.
11. Both sides of Ruth Pl. from Prospect St. to Olympia Way.
12. Both sides of Shasta St. from Palmyra Ave. to Almond Ave.
13. Both sides of Thomas St. from Century Dr. to Palmyra Ave.
AREA “J”
1. Both sides of Binnacle Ave. from Jetty Dr. to its easterly terminus.
2. North side of Chapman Ave. from Jetty Dr. to 4537 W. Chapman Ave.
3. North side of Chapman Ave. frontage road from Jetty Dr. to cul-de-sac.
4. Both sides of Grant Pl. from Chapman Ave. northerly to include the cul-de-sac.
5. Both sides of Jetty Dr. from Chapman Ave. to Sirius Ave.
6. West side of Lewis St. from Sirius Ave. to Simmons Ave.
7. South side of Simmons Ave. from Lewis St. to Spinnaker St.
8. Both sides of Sirius Ave. from Lewis St. to Jetty Dr.
9. Both sides of Spinnaker St. from Binnacle Ave. to Simmons Ave. 348
Exhibit A
10. Both sides of Stay Court easterly of Jetty Dr.
11. Both sides of Tiller Ave. from Lewis St. to Spinnaker St.
AREA “K”
1. Both sides of the 2700 block of E. Bennett Ave.
2. Both sides of the 2700 block of E. Killingsworth Ave.
3. Both sides of the 100-200 blocks of N. Malena Dr.
4. Both sides of the 2700 block of E. Sherman Ave.
5. Both sides of the 100-200 blocks of N. Wheeler St.
AREA “L”
1. Both sides of Jacaranda Ave. from Morgan St. to Mallard St.
2. Both sides of Juniper Ave. from Morgan St. to Mallard St.
3. Both sides of Mallard St. from Collins Ave. northerly to 985 N. Mallard St.
4. Both sides of Morgan St. from Collins Ave. northerly to 986 N. Morgan St.
AREA “M”
1. Both sides of Citrus St. from Almond Ave. to the southerly commercial property lines south of Chapman Ave.
AREA “N”
1. West side of Bedford Rd. from La Veta Ave. to Bronson Ave.
AREA “O”
1. North side of Spring St. from Hewes St. to Earlham St.
AREA “P”
1. Both sides of the 1000 block of Gardner Dr.
2. Both sides of the 1000 block of Greengrove St.
3. Both sides of Monroe Ave. from California St. to Lincoln St.
4. Both sides of Quincy Ave. from California St. to Lincoln St.
5. Both sides of Lincoln St. between Adams Ave. and Wilson Ave. including the cul-de-sac.
6. West side of Lincoln St. from 990 N. Lincoln St. to Adams Ave.
7. East side of Lincoln St. from 1073 N. Lincoln St. to Adams Ave.
8. Both sides of Adams Ave. between Lincoln St. and California St.
AREA “Q”
1. Both sides of the 8500 block of Biscayne Way.
2. Both sides of the 8500 block of Deershire Ct.
3. Both sides of the 200 block of Fairfield Ln.
4. Both sides of the 200 block of Firenza Way.
5. Both sides of the 8500 block of Heatherview Ln.
349
Exhibit A
AREA “R”
1. Both sides of San Luis Dr. from 7821 (north side) to Santa Cruz Ave., and from 7816 (south side) to the beginning of 8132.
2. 8102 and 8110 Santa Cruz Ave. (south side).
3. Both sides of Santa Maria St. between San Luis Dr. and Santa Cruz Ave.
AREA “S”
1. Both sides of Poplar St. between Maple Ave. and the cul-de-sac.
2. North side of Maple Ave. between Stevens St. and 1949 W. Maple Ave.
3. South side of Maple Ave. from Stevens St. to 2010 W. Maple Ave.
4. Both sides of Eckhoff St. between 130-283 N. Eckhoff St.
AREA “T”
1. Both sides of Cully Dr. from the westerly property lines of 861 and 864 W. Cully Dr. to the cul-de-sac.
2. Four spaces on the east side of Eckhoff St. from the southerly limit to W. Arbor Way (approximately 110 feet).
3. Five spaces on the east side of Eckhoff St. from 45 feet north of W. Arbor Way end of curb return to Maple Ave. (approximately 140 feet. It allows one parking space to remain in the permit parking program just north of the driveway at 2037 W. Arbor Way for visibility).
4. Three spaces on the east side of Eckhoff St. north of Willow Ave. to the northerly limit (approximately 70 feet).
5. Two spaces on the east side of Eckhoff St. from the existing red curb north of Maple Ave. to the driveway south of 206 N. Eckhoff St.
AREA “U”
1. Both sides of Waverly St. from the northerly property lines of 133 and 138 S. Waverly St. to Almond Ave.
AREA “V”
1. The south side of E. Rose Ave. from 1932/1934 to N. Highland St.
2. Both sides of N. Highland St. from E. Rose Ave. to E. Barkley Ave.
3. Both sides of E. Mayfair Ave. from 1740 E. Mayfair Ave. to N. Highland St.
4. The south side of E. Lomita Ave. from 1734/1736 to N. Highland St.
5. The north side of E. Lomita Ave. from 1901 to N. Highland St.
6. Both sides of E. Barkley Ave. from the cul-de-sac to N. Highland St.
7. Both sides of the cul-de-sacs of N. Victoria Dr., N. Russell Dr., and N. Shirley Dr., north of E.
Mayfair Ave.
350
Exhibit A
AREA “W”
1. Both sides of Madison Ave. from Wayfield St. to the cul-de-sac.
2. Both sides of Orange Grove Ave. from Wayfield St. to the westerly property lines of 1743/1744
3. E. Orange Grove Ave.
4. East side Wayfield St. between Orange Grove Ave. and the southerly property lines of 550/555 Wayfield St.
5. West side of Wayfield St. between Orange Grove Ave. and Madison Ave.
AREA “X”
1. South side of Collins Ave. from Hart St. to 2842 E. Collins Ave.
AREA “Y”
1. Both sides N. Citrus St. from Walnut Ave. to W. Sycamore Ave.
AREA “Z”
1. Both sides of Sycamore Ave. from Rancho Santiago Blvd. to Richard St.
2. Both sides Rancho Santiago Blvd. from the south city limits to Silverleaf Ave.
3. Both sides of Silverleaf Ave. from Rancho Santiago Blvd. to Richard St.
4. Both sides of Christine St. from Silverleaf Ave. to Sycamore Ave.
5. Both sides of Richard St. from Silverleaf Ave. to Sycamore Ave.
AREA “AA”
1. Both sides of Ryals Ln. from the West City limit to Bob White Way.
2. East side of Bob White Way between Ryals and Partridge Ln.
3. Both sides of the 200 Block of Renee St.
OPPORTUNITY AREA “1”
1. Both sides of Lilac Ln. from Culver Ave. to Orchard Ave.
2. Both sides of Plum Ln. from Culver Ave. to Orchard Ave.
3. Both sides of Orchard Ave. from Flower St. to the easterly terminus of the street.
4. Both sides of Bedford Rd. between Culver Ave. and La Veta Ave.
5. Both sides of Devon Rd. between Palmyra Ave. and Culver Ave. (permit parking between the hours 4:00p.m. and 9:00a.m.)
6. Both sides of Crest Rd. between Palmyra Ave. and Culver Ave.
Opportunity Area “2”
1. Both sides of Fairway Dr. from Cambridge St. to Tustin St.
2. Both sides of Young Cir. south of Fairway Dr.
3. Both sides of Greenview Dr. south of Fairway Dr.
351
Exhibit A
OPPORTUNITY AREA “3”
1. Wayfield St. between Palm Ave. and Walnut Ave.
2. Palm Ave. between Park Ln. and Wayfield St.
3. Park Ln. between Dana Pl. and Palm Ave.
4. Wayfield Cr. south of Palm Ave.
5. Both sides of Mount Vernon Ave. between Wayfield St. and Le May Ct.
6. Both sides of Park Ln. between Mount Vernon Ave. and Sycamore Ave.
7. Both sides of Martha Ave. east of Park Ln.
8. Both sides of Sycamore Ave. between Wayfield St. and Highland St.
9. Both sides of Highland St. between Sycamore Ave. and south terminus.
10. Both sides of Wayfield St. from Chapman Ave. north to include the cul-de-sac.
OPPORTUNITY AREA “4”
1. Both sides of Trenton Ave. from the westerly property lines of 331 E. Trenton Ave. and 1482 N.
Grant St. to Shaffer St.
2. Both sides of Grant St. from Trenton Ave. to the cul-de sac.
OPPORTUNITY AREA “5”
1. Both sides of Greengrove St. from Meats Ave. to the southern terminus.
2. Both sides of Del Mar Ave. from Cambridge St. to Greengrove St.
3. South side of Meats Ave., from Cambridge St. to Greengrove St. 352
Exhibit B
EXHIBIT B
The following are descriptions of preemptively established permit parking opportunity areas approved by the City Council and are subject to Chapter 10.30 of the Orange Municipal Code. Any additions or deletions to the Neighborhood Permit Parking Program shall be made by amending this Master Resolution.
CHAPMAN UNIVERSITY NEIGHBORHOOD PERMIT PARKING OPPORTUNITY AREA “A”
Generally bounded by Lomita Avenue to the north, Cypress Street to the west, Chapman Avenue to the south, and Cambridge Street to the east, as shown in Exhibit C.
OPPORTUNITY AREA “1”
To the north, Opportunity Area “1” is comprised of the area bounded by Sycamore Avenue. To the west, Opportunity Area “1” is comprised of the area bounded by, but does not include, the 57 Freeway.
To the south, Opportunity Area “1” is comprised of the area bounded by, but does not include, the 22 Freeway from the 57 Freeway to Bedford Road, and La Veta Avenue from Bedford Road to Main Street. To the east, Opportunity Area “1” is comprised of the area bounded by, and inclusive of, the east side of Bedford Road from the 22 Freeway to La Veta Avenue; and bounded by, but does not include, Main Street from La Veta Avenue to Sycamore Avenue.
OPPORTUNITY AREA “2”
To the north, Opportunity Area “2” is comprised of the area bounded by, but does not include, the Santiago Creek Bike Trail. To the west, Opportunity Area “2” is comprised of the area bounded by, but does not include, Cambridge Street. To the south, Opportunity Area “2” is comprised of the area bounded by, but does not include, the 22 Freeway. To the east, Opportunity Area “2” is comprised of the area bounded by, but does not include, Tustin Street.
OPPORTUNITY AREA “3”
To the north, Opportunity Area “3” is comprised of the area bounded by, but does not include, the Walnut Avenue. To the west, Opportunity Area “3” is comprised of the area bounded by, and inclusive of, Wayfield Street from Walnut Avenue to Palm Avenue and Wayfield Street from Chapman Avenue to the northern terminus of Wayfield Street. To the south, Opportunity Area “2” is comprised of the area bounded by, but does not include, Chapman Avenue. To the east, Opportunity Area “2” is comprised of the area bounded by, but does not include, the 55 Freeway and Le May Court.
OPPORTUNITY AREA “4”
To the north, Opportunity Area “4” is comprised of the area bounded by, and inclusive of, Trenton Avenue. To the west, Opportunity Area “4” is comprised of the area bounded by the western property line of 331 East Trenton Avenue. To the south, Opportunity Area “4” is comprised of the area bounded by the prolongation of the southern property line of 1411 North Shaffer Street and 1412 North Shaffer Street. To the east, Opportunity Area “4” is comprised of the area bounded by, but does not include, Cambridge Street.
353
Exhibit B
OPPORTUNITY AREA “5”
To the north, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, the south side of Meats Avenue. To the west, Opportunity Area “5” is comprised of the area bounded by, but does not include, Cambridge Street. To the south, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, Del Mar Avenue and the southern terminus of Greengrove Street. To the east, Opportunity Area “5” is comprised of the area bounded by, and inclusive of, Greengrove Street
354
Area A
HARITON ST
OLIVE ST
WALNUT AVE
SYCAMORE AVE
MAPLE AVE
PIXLEY ST
CENTER ST
BARKLEY AVE
GRAND ST
ORANGE ST
LOMITA AVE
LOMITA AVE
SHAFFER ST
MAYFAIR AVE
EVERETT PL
ROSE AVE
CAMBRIDGE ST
SYCAMORE AVE
CAMBRIDGE ST
CENTER ST
PINE ST
ORANGE ST
GRAND ST
CENTER ST
SHAFFER ST
CLEVELAND ST
HARWOOD ST
PINE ST
WAVERLY ST
JACKSON AVE
JACARANDA AVE
SHAFFER ST
GRAND ST
GLASSELL ST
CHAPMAN AVE
MAPLE AVE MAPLE AVE
CHAPMAN AVE
ORANGE ST
MORELAND DR
OLIVE ST
ELIZABETH DR
CENTER ST
MONROE AVE
LOCUST AVE
CENTER ST
OLD ORCHARD LN
ORANGE ST
GRAND ST
HARWOOD ST
JEFFERSON AVE
HARWOOD ST
CLEVELAND ST
STRUCK AV
OAKMONT AVE
PLAZA SQUARE
MAPLEWOOD ST
ORANGE ST
QUINCY AVE
LEMON ST
MONROE AVE
ORANGE ST
HARWOOD ST
HARWOOD ST
PINE ST
WAVERLY ST
OLIVE ST
WALNUT AVE
LEMON ST LEMON ST
CYPRESS ST
LEMON ST
OLIVE ST
GRAND ST
PINE ST
CAMBRIDGE ST
WAVERLY ST
MAPLEWOOD ST
SYCAMORE AVE
ELIZABETH PL
ANGUS AVE
NICHOLAS AVE
MAYFAIR AVE
CYPRESS ST
LEMON ST
LOMITA AVE
BARKLEY AVE
LOMITA AVE
OAKMONT AVE
GRAND ST
MAYFAIR AVE
PINE ST
PIXLEY ST
ATCHISON ST
CYPRESS ST
LEMON ST
OLIVE ST
CYPRESS ST
OLIVE ST
CYPRESS ST
OLIVE ST
HATHAWAY DR
YORKSHIRE PL
UNIVERSITY DR
CENTER ST
SHAFFER ST
HARWOOD ST
SHAFFER ST
CLEVELAND ST
MAPLEWOOD PL
WAVERLY ST
MAPLEWOOD ST
CYPRESS ST
LEMON ST
ORANGE ST
LEMON ST
QUINCY AVE
CAMBRIDGE ST
ADAMS AVE
WAVERLY ST
OAKMONT AVE
CENTER ST
GLASSELL ST
SHAFFER ST
HARWOOD ST
BRENNA LN
PARKER ST
WILSON AVE
GLASSELL ST
ADAMS AVE ADAMS AVE
ORANGETREE LN
MONROE AVE
SHAFFER ST
CAMBRIDGE ST
CLEVELAND ST
HARWOOD ST
JACARANDA AVE
COLLINS AVE COLLINS AVE COLLINS AVE
GLASSELL ST
COLLINS AVE
EVERETT PL
ORANGE ST
MAYFAIR AVE
EVERETT PL WAVERLY ST
CAMBRIDGE ST CAMBRIDGE ST
WALNUT AVE WALNUT AVE
SHAFFER ST
GRAND ST
ROSE AVE
GLASSELL ST GLASSELL ST
CYPRESS ST
LEMON ST
PARKER ST
WALNUT AVE
COPPERFIELD RD
PALM AVE
PARKER ST
PALM AVE
GLASSELL ST GLASSELL ST
PALM AVE
PINE ST PINE ST
PALM AVE
CHAPMAN AVE
CAMBRIDGE ST
MAPLE AVE MAPLE AVE CAMBRIDGE ST
CHAPMAN AVE
PALM AVE
MAPLE AVE
GRAND ST
CHAPMAN AVE
CENTER ST
Area B
Area U
AREA MAP
0 .0.05 0.1 0.2 0.3 0.4
Miles
Chapman University Neighborhood
Permit Parking Area “A”
Exhibit C
WALNUT AVE.
CAMBRIDGE STREETGLASSEL STREETCYPRESS STREET
PALM AVE.
CHAPMAN UNIVERSITY
NEIGHBORHOOD
PERMIT PARKING
AREA A
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AVE
ST
ST
ST
ECKHOFF
FLOWER
MAIN
S.R. 57 FWY
CHAPMAN AVE
Area E
Area N
Area S
MILLS DR
MARKS WAY
ROBIN RD
ALMOND AVE
LOUISE PL
CASTLE CIR
CAMILLE CIR
CARMEN CIR
DEVON RD
CULVER AVE
FLOWER ST
PLUM LN
FLOWER ST
FLOWER CIR
SILKTREE CIR
DEVON RD
SHERWOOD LN FALLBROOK DR
FAIRBROOK LN
ORANGE RD
CEDAR ST
ASH ST
FLOWER ST
STEVENS ST
BITTERBUSH ST
PALM AVE PALM AVE
MAPLE AVE
STEVENS ST
ECKHOFF ST
ALVAREZ AVE
PRIMROSE DR
CHERRY DR
BIRCH AVE
ELM ST
PALM DR
JEWELL PL
LESTER DR
LIME ST
PALMYRA AVE
CULVER AVE
ALPINE RD
MARIE PL
POINSETTIA DR
CASA LINDA CIR LA LINDA DR
LAS PALMAS CIR
PAUL RD
ORCHARD AVE
STEWART DR
COLUMBIA PL
LIME ST
ALMOND AVE
BUSH ST
McCOY RD
BUSH ST MAPLE AVE
PALM AVE
MAPLE AVE
CHAPMAN AVE
FELDNER RD
FIR ST
MAPLE AVE
CHAPMAN AVE
ARBOR WAY
CHAPMAN AVE CHAPMAN AVE
HOLLY ST
GLENV EI W PL POPLAR ST
FAIRMONT ST
BUSH ST
FERNWOOD DR
ARBOR WAY
ACACIA AVE
BEVERLY DR
ORANGE GROVE AVE
WALNUT AVE
BITTERBUSH ST
FLOWER ST
STEVENS ST
BEATON WAY
LITTLE MAIN ST
PALMYRA AVE
PEPPER ST
CREST RD
BEDFORD RD
DEVON RD
LILAC LN
CREST RD
BEDFORD RD
FLOWER ST
BRONSON ST
POPLAR ST
ALPINE ST
BRADEN CT
DONNEYBROOKE ST
BITTERBUSH ST
FLOWER ST
SYCAMORE AVE
FLOWER ST
POPLAR ST
CHERRY DR
BEVERLY DR
ECKHOFF ST
SYCAMORE AVE
LIME ST
MAIN ST
RAMPART ST
SYCAMORE AVE
PROVIDENCE AVE
ALMOND AVE
FELDNER RD
PEPPER ST
ECKHOFF ST
ORANGEWOOD AVE
MAIN ST
ORANGEWOOD AVE ORANGEWOOD AVE
ECKHOFF ST
ORANGEWOOD AVE
BEVERLY DR
STEVENS ST CHERRY DR
SYCAMORE AVE
CEDAR ST
WILLOW AVE
SPRUCE AVE
SPRUCE AVE
WILLOW AVE
POPLAR ST
HOLLY ST
HEMLOCK ST
MAIN ST MAIN ST
CRESCENT DR
ANITA DR
MILLS DR
LARKSPUR DR
FLOWER ST
ALMOND AVE
POINSETTIA DR
FLOWER ST
PALMYRA AVE PALMYRA AVE
ALMOND AVE
FELDNER RD
MAIN ST MAIN ST
ROBIN RD
LA VETA AVE
LA VETA AVE LA VETA AVE LA VETA AVE CREST RD BEDFORD RD
MAIN ST MAIN ST
LA VETA AVE
TOWN & COUNTRY RD
PALMYRA PL
22 AREA MAP
NPPP OPPORTUNITY
AREA 1
0 .0.05 0.1 0.2 0.3 0.4
Miles Opportunity Area “1”
Exhibit D
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FAIRWAY DR.
GREENVIEW DR.
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AREA MAP
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AREA 2
0 .0.0325 0.065 0.13 0.195 0.26
Miles Page 1 of 1
357
LOMITA AVE
OAKMONT AVE
CALIFORNIA ST
EVERETT PL
ROSE AVE
CALIFORNIA ST
MADISON AVE
SYCAMORE AVE
HICKORY LN
LINCOLN ST
PALM AVE
SHATTUCK PL
BARKLEY AVE
LOMITA AVE
VICTORIA DR
RUSSELL DR
SHIRLEY DR
MAYFAIR AVE
WALNUT AVE
PARK LN
MILFORD RD
CLINTON ST
ROSE AVE
PALM AVE
SHATTUCK PL SHATTUCK PL
OAKMONT AVE
CALIFORNIA ST
BARKLEY AVE
LINCOLN ST
MADISON AVE
WAYFIELD ST
CALIFORNIA ST
SYCAMORE AVE PARK LN
SYCAMORE AVE
OAK ST
CARRIE AVE
CLINTON ST
CLINTON ST
SACREMENTO ST
HIGHLAND ST
MILFORD ST
SACREMENTO ST
ORANGE GROVE AVE
EVERETT PL
MAYFAIR AVE
EVERETT AVE MARKWOOD ST
ROSE AVE
MARKWOOD ST
SACRAMENTO ST
MADISON AVE
ORANGE GROVE AVE
MILFORD RD
WAYFIELD CIR
DANA PL
OAK ST
WAYFIELD ST
PARK LN
HIGHLAND ST
MT. VERNON AVE
LE MAY CT
MARTHA AVE
SYCAMORE AVE
PALM AVE
DANA AVE
LINCOLN ST
CLINTON ST
HAMILTON AVE
HERITAGE PL
SHATTUCK PL
DANA PL
CALIFORNIA ST
WAYFIELD ST
MARTHA AVE
MILFORD RD
COLLINS AVE COLLINS AVE COLLINS AVE
MAYFAIR AVE MAYFAIR AVE LINCOLN ST LINCOLN ST
ROSE AVE
TUSTIN ST
WALNUT AVE
ORANGE GROVE AVE
WALNUT AVE WALNUT AVE HIGHLAND ST HIGHLAND ST
ORANGE GROVE AVE
MADISON AVE
WALNUT AVE
LINCOLN ST ORANGE GROVE AVE
MT. VERNON AVE
SYCAMORE AVE
DANA AVE
MILFORD RD
TUSTIN ST TUSTIN ST TUSTIN ST
LAEL DR
MAPLE AVE
PALM AVE
Area V
Area W
AREA MAP
EXISTING NPPP
OPPORTUNITY AREA 3
0 .0.04 0.07 0.14 0.21 0.28
Miles Opportunity Area “3”
Exhibit F
358
GLASSELL ST.
TAFT AVE.
TRENTON AVE.
CAMBRIDGE ST.
KATELLA AVE. GRAND ST. CENTER ST. BLAKE ST. SHAFFER ST. CLEVELAND ST HARWOOD ST. PINE ST.
Area H
Area B
AREA MAP
NPPP OPPORTUNITY
AREA 4
0 .0.03 0.07 0.13 0.2 0.26
Miles Opportunity Area “4”
Exhibit G
359
SILVERWOOD ST.
ST.
ST.
ST.
MAPLEWOOD
LINDENHOLZ
EBONYWOOD
GREENGROVE
CAMBRIDGE ST.
CANAL ST
MEATS AVE.
TUSTIN ST.
DEL MAR AVE. LINCOLN ST.
THE VILLAGE
AREA MAP
NPPP OPPORTUNITY
AREA 5
0 .0.03 0.06 0.12 0.18 0.24
Miles Opportunity Area “5”
Exhibit H
360
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1 7
2 1
7 1
1 6
4 1
6 3
1 6
0 1
6 2
1 6
1 1
5 4
1 5
3 1
1479
1431
1451
1471
1481
1441
1461
1472
1452
1432
1442
1462
1482
1476
1486
1466
1456
1444 1446
1454
1464
1474
1484 1483
1473
1463
1443
1453
1433
1439
1449
1459
1469
1429 1434 1436
AREA MAP
PPOA #4 ADDITION
PETITION
AREA
TRENTON AVE
Attachment 3
Activation Map PPOA #4
Request for Permit Parking for both sides of
Trenton Ave. from Shaffer St. to Cleveland St. 361
CANAL ST
MEATS AVE
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9 4
6 9
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9 4
3 9
2 8
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0 10
4 0
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8 10
0 6
1112
110
4 1018
113
6 112
4 2022
2038
2048
2039 2036 2066
2025
2047 2040
2035
10 21
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9 112
7 111510
4 5
10 3
5 1997
2011
2023
2039
2055
2067
2075
2034
2046
2062
2004
2026
2020
2032
2044
10 4
0 10
0 2
110
2 1016
1110
2019
2031
2043
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12 0
8 12
3 4
12 2
0 2012
2022
2038
2052
2058
2066
2024
2056
205
7 2055
2060
2059
2057
20 61
2011
2021
2031
2067
2064
2076
2088
2028
2042
2054
1248
12 3
6 12
2 2
12 0
2 1210
112
2 113
4 2190
10 21
10 0
9 2036
2044
2064
2042
2032
2060
PPOA #5 AREA MAP
PETITION
AREA
Attachment 5
Activation Map #5
Request for Permit Parking for the south side of Meats Ave. from Cambridge St. to Greengrove St. 362
Agenda Item
City Traffic Commission
Item #: 4.2. 10/9/2024 File #: 24-0578
TO: Chair and Members of the City Traffic Commission
THRU: Larry Tay, City Traffic Engineer
FROM: Dave Allenbach, Transportation Analyst
1. SUBJECT
Request for permit parking on both sides of E. Trenton Avenue from N. Shaffer Street to N. Cleveland Street
2. SUMMARY
This is a request to implement permit parking on the aforementioned street which is located in Permit Parking Opportunity Area #4. The request meets all the requirements set forth in the City’s Neighborhood Parking Permit Program.
3. RECOMMENDED ACTION
1. Approve the implementation of permit parking on both sides of E. Trenton Avenue between N.
Shaffer Street and N. Cleveland Street.
2. Forward to the City Council for final action.
4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community.
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
The City’s Neighborhood Permit Parking Program (NPPP) provides a mechanism for protecting residential streets from external parking overflow when certain criteria are satisfied. To streamline the permit parking application process in certain highly parked areas, the City Council established five Permit Parking Opportunity Areas (PPOA’s). PPOA’s are subject to different criteria and procedures.
Specifically, the application fee and parking occupancy study are waived, and the required neighborhood support level is reduced from 75% to 55%.
Staff received a written request for permit parking for E. Trenton Avenue between N. Shaffer Street and N. Cleveland Street from an eligible resident on the street. These limits of E. Trenton Avenue are located within PPOA #4. Subsequently, staff mailed petitions to the property owners within the requested limits on Trenton Avenue. The results of the petition process indicate that 83% of the property owners are in favor of permit parking, 0% were opposed, and 17% did not respond.
City of Orange Page 1 of 2 Printed on 10/3/2024
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Item #: 4.2. 10/9/2024 File #: 24-0578
property owners are in favor of permit parking, 0% were opposed, and 17% did not respond.
Because the support exceeds the 55% stipulated in the NPPP, staff recommends implementation of permit parking on the aforementioned street.
It should be noted that property owners of any other street(s) within this PPOA may request permit parking in the future by following the procedures described above. Furthermore, permit parking does not supersede other parking restrictions such as street sweeping. Participation in the permit program is voluntary. However, any vehicle parked on the street without a permit after implementation is subject to citation.
7. ATTACHMENTS
· Letter of Request
· Area Map
· NPPP Opportunity Area #4 Map
City of Orange Page 2 of 2 Printed on 10/3/2024
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1 Dave Allenbach
From: The Robinsons
Sent: Friday, November 17, 2023 4:57 PM
To: Dave Allenbach
Subject: Permit Parking
Hello Mr. Allenbach,
My name is Zina Robinson and I live in Opportunity Area #4. My address is in between Shaffer and Cambridge. Since the other half of Trenton had been made permit parking, parking on our side had gotten out of control. At times I can't even put my trash cans out because cars are parked on both sides of my driveway. I would like to see if we can extend permit parking to Cleveland Street. Please let me know if you need any additional information from me.
Thank you,
Zina Robinson
Sent from Yahoo Mail for iPhone
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C
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KATELLA AVE.
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Area H
Area B
AREA MAP
NPPP OPPORTUNITY
AREA 4
. 0 0.0325 0.065 0.13 0.195 0.26
Miles
36722
Agenda Item
City Traffic Commission
Item #: 4.3. 10/9/2024 File #: 24-0580
TO: Chair and Members of the City Traffic Commission
THRU: Larry Tay, City Traffic Engineer
FROM: Dave Allenbach, Transportation Analyst
1. SUBJECT
Request for permit parking on south side of E. Meats Avenue from N. Cambridge Street to N.
Greengrove Street.
2. SUMMARY
This is a request to implement permit parking on the aforementioned street which is located in Permit Parking Opportunity Area #5. The request meets all the requirements set forth in the City’s Neighborhood Parking Permit Program
3. RECOMMENDED ACTION
1. Approve the implementation of permit parking on both sides of E. Meats Avenue between N.
Cambridge Street and N. Greengrove Street.
2. Forward to the City Council for final action.
4. FISCAL IMPACT
None
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community.
b. Provide and maintain infrastructure necessary to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
The City’s Neighborhood Permit Parking Program (NPPP) provides a mechanism for protecting residential streets from external parking overflow when certain criteria are satisfied. To streamline the permit parking application process in certain highly parked areas, the City Council established five Permit Parking Opportunity Areas (PPOA’s). PPOA’s are subject to different criteria and procedures.
Specifically, the application fee and parking occupancy study are waived, and the required neighborhood support level is reduced from 75% to 55%.
Staff received a written request for permit parking for E. Meats Avenue between N. Cambridge Street and N. Greengrove Street from an eligible resident on the street. These limits of E. Meats Avenue are located within PPOA #5. Subsequently, staff mailed petitions to the property owners on the affected street. The results of the petition process indicate that 64% of the property owners are in favor of permit parking, 0% were opposed, and 36% did not respond. Because the support exceeds the 55% City of Orange Page 1 of 2 Printed on 10/3/2024
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Item #: 4.3. 10/9/2024 File #: 24-0580
permit parking, 0% were opposed, and 36% did not respond. Because the support exceeds the 55% stipulated in the NPPP, staff recommends implementation of permit parking on the aforementioned street.
It should be noted that property owners of any other street(s) within this PPOA may request permit parking in the future by following the procedures described above. Furthermore, permit parking does not supersede other parking restrictions such as street sweeping. Participation in the permit program is voluntary. However, any vehicle parked on the street without a permit after implementation is subject to citation.
7. ATTACHMENTS
· Letter of Request
· Area Map
· NPPP Opportunity Area #5 Map
City of Orange Page 2 of 2 Printed on 10/3/2024
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1 Dave Allenbach
From: Michael V. Lopez
Sent: Tuesday, July 30, 2024 3:41 PM
To: Dave Allenbach
Cc: Celia
Subject: REQUEST FOR PERMIT PARKING
Hello Mr. Allenbach,
My name is Mike Lopez. I live at in the City if Orange. I respectfully request the City's consideration by petitioning my neighbors who live on E Meats Avenue to implement permit parking in front of our homes (on the south side of our street between Greengrove and Cambridge). Your assistance with this request is greatly appreciated.
Please let me know if you have any questions. I will be happy to comply.
Best,
Mike
Sent from my T-Mobile 4G LTE Device
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Miles
Text
37229
City of Orange
City Traffic Commission
October 09, 2024
MINUTES - DRAFT
The Traffic Commission of the City of Orange, California convened on October 9, 2024, at 5:30 p.m. in a Regular Meeting in the Council Chamber, 300 E. Chapman Avenue, Orange, California.
1. OPENING/CALL TO ORDER
Chair Feliz called the meeting to order at 5:30 p.m.
1.1 PLEDGE OF ALLEGIANCE
Commissioner Joseph Barbeito led the flag salute.
1.2 ROLL CALL
Present: Ricci, Barbeito, Jurjis, Chavarria, and Feliz
Absent: Hamilton, and Tran
2. PUBLIC COMMENTS
None.
3. APPROVAL OF MINUTES
3.1. Approval of minutes of the City of Orange Traffic Commission Regular Meeting held on August 14, 2024.
A motion was made by Vice Chair Ricci, seconded by Commissioner Chavarria, to approve minutes as presented. The motion carried by the following vote:
Ayes: Ricci, Barbeito, Jurjis, Chavarria, and Feliz
Noes: None
Absent: Hamilton, and Tran
4. NEW BUSINESS
4.1. Request for Permit Parking on both sides of E. Fairway Drive, from S. Cambridge Street to S. Tustin Street; both sides of E. Young Circle, south of E. Fairway Drive; and both side of E. Greenview Drive, south of E. Fairway Drive.
A motion was made by Vice Chair Ricci, seconded by Commissioner Barbeito, to: 1) Approve the implementation of permit parking on both sides of E. Fairway Drive, from S. Cambridge Street to S. Tustin Street. 2) Approve the implementation of permit parking on both sides of E. Young Circle, south of E. Fairway Drive. 3) Approve the implementation of permit parking on both sides of E. Greenview Drive, south of Fairway Drive. 4) Forward to the City Council for final action. The motion carried by the following vote:
Draft
373
City Traffic Commission Minutes - Draft October 9, 2024 Ayes: Ricci, Barbeito, Jurjis, Chavarria, and Feliz
Noes: None
Absent: Hamilton, and Tran
4.2. Request for permit parking on both sides of E. Trenton Avenue from N. Shaffer Street to N. Cleveland Street
Public Speakers
Phil Paulsen spoke in opposition.
A motion was made by Commissioner Chavarria, seconded by Vice Chair Ricci, to: 1) Approve the implementation of permit parking on both sides of E. Trenton Avenue between N. Shaffer Street and N. Cleveland Street. 2) Forward to the City Council for final action. The motion carried by the following vote:
Ayes: Ricci, Barbeito, Jurjis, Chavarria, and Feliz
Noes: None
Absent: Hamilton, and Tran
4.3. Request for permit parking on south side of E. Meats Avenue from N. Cambridge Street to N. Greengrove Street.
Public Speakers
Mike Lopez spoke in support.
A motion was made by Chair Feliz, seconded by Vice Chair Ricci to: 1) Approve the implementation of permit parking on both sides of E. Meats Avenue between N.
Cambridge Street and N. Greengrove Street. 2) Forward to the City Council for final action. The motion carried by the following vote:
Ayes: Ricci, Barbeito, Jurjis, Chavarria, and Feliz
Noes: None
Absent: Hamilton, and Tran
5. ADJOURNMENT
There being no further business, the meeting was adjourned at 5:47 p.m.
The next Regular City Traffic Commission Meeting will be held on Wednesday, December 11, 2024, at 5:30 p.m., in the Council Chamber. /s/ _____ ________
LARRY TAY
CITY TRAFFIC ENGINEER.
Draft
374
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Agenda Item
City Council
Item #: 10.2. 11/26/2024 File #: 24-0677
TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Russell Bunim, Community Development Director
1. SUBJECT
Historic Property Preservation Agreements (Mills Act Contracts) for 17 qualified historic properties.
2. SUMMARY
A request for approval of 17 new Mills Act Contracts for properties in the Old Towne and Eichler Historic Districts. Consideration of the contracts for residential properties was continued by the City Council at its November 12, 2024, meeting, while the single commercial property contract was approved.
3. RECOMMENDED ACTION
1. Approve 17 Mills Act Contracts between the City of Orange and the identified property owners for the preservation and rehabilitation of qualified historic properties; and authorize the Mayor and City Clerk to execute the contracts on behalf of the City.
2. Provide staff with direction on accepting applications in calendar year 2025 for the Mills Act Program.
4. FISCAL IMPACT
The subject 17 Mills Act contracts, represent a total reduction of property tax of approximately $16,167 per year (average reduction of $951 per property). The actual amount of the property tax reduction will be determined by the Orange County Assessor, using a predetermined income-based approach to assessment, considering area rental rates and maintenance costs.
There is a $1,050 application fee for each contract as well as a $100 annual contract administration fee.
5. STRATEGIC PLAN GOALS
Goal 5: Recognize, promote, and preserve Orange's rich heritage b: Expand and strengthen processes and practices related to protection and cultural resources.
6. DISCUSSION AND BACKGROUND
The purpose of the Mills Act Program is to leverage property tax savings to support private investment in the preservation of historic properties. The 17 contracts being presented for City Council consideration involve residential properties; 11 in the Old Towne Historic District and six in the Eichler Historic Districts.
The Mills Act Program requires reinvestment of this property tax reduction in preservation of the City of Orange Page 1 of 4 Printed on 11/21/2024
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Item #: 10.2. 11/26/2024 File #: 24-0677
The Mills Act Program requires reinvestment of this property tax reduction in preservation of the historic property through the Rehabilitation Plan attached to each contract. The identified work will generate additional revenues from building permit fees, and the local economy will benefit by generating work for local architects, building contractors and material suppliers. The rehabilitation plans associated with the subject contracts total $1,839,616 in property maintenance and rehabilitation over ten years.
The proposed Rehabilitation Plan (Exhibit D of contract) has been tailored to the preservation needs of that property. Upon entering into a contract, a property owner agrees to complete this work which has been found to meet Mills Act Program requirements and to be in conformance with applicable design standards. Additional contract conditions include:
1 Preserve and rehabilitate the historic property and its character-defining features. 2 Meet City of Orange Historic Property Maintenance Standards. 3 Agree to property inspections once every five years of the contract term and/or when work is completed.
4 File annual status reports on progress of improvements and repairs and/or any changed conditions of the property.
5 Provide a ten-year update of proposed rehabilitation and repair items, 90 days prior to the tenth contract anniversary.
A summary of the 2024 Mills Act applications (including the commercial property contract approved on November 12, 2024) is provided in Attachment 1 to the Staff Report.
Program Status
A total of 418 Mills Act Contracts have been established since the start of the program in 1998. In 2016 the City Council removed the 10-contracts per year cap. This, combined with homes in the Eichler Tracts becoming eligible to participate in the program with historic district designation in 2018, resulted in a significant increase in the number of contracts. Key statistics about the contracts and property characteristics are as follows:
· 75% Old Towne
· 23% Eichler
· 2% Individually listed (outside of a historic district) · 407 residential properties
· 11 commercial properties
· 74% of contract holders have submitted some form of annual reporting since entering into a contract.
· 243 properties are candidates for regular 5-year inspections with only 16% having been inspected.
Financial Implications
Program Costs:
The City has historically supplemented its costs for offering the Mills Act Program, recognizing it as a historic preservation incentive that should be financially accessible to property owners, as well as the City of Orange Page 2 of 4 Printed on 11/21/2024
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historic preservation incentive that should be financially accessible to property owners, as well as the role that the City’s historic resources play in the community’s economic development activity. City costs related to staff time (Community Development and Finance Departments) include program administration, and consultant services to perform property inspections (both pre-contract and 5- year) as an extension of staff. Program revenues and expenditures are as follows:
Owner Cost Staff Cost Consultant Cost Net
Application: $1,050 Application review and
contract preparation: $500
Work plan review and
inspection: $1,000
Loss:
($450)
Annual Report: $100 Coordination: $500 Work plan review and inspection: $1,000
Loss:
($1,400)
Property Tax Loss:
As of 2023, the total loss of annual property tax to the City was $274,818 (avg. $650 per property in FY 2025). Total estimated revenue loss from FY 2004 to FY 2025 is $2.3 million representing an average revenue loss per year of approximately $105,000. The subject contracts represent a higher level of property tax loss per property ($951) than the larger group of 418 active contracts due to increasing property values over time.
7. ATTACHMENTS
· Attachment 1 Summary of 2024 Mills Act Applications, November 26, 2024 · Attachment 2 Mills Act Contract MAC 446.0-24 with photographs · Attachment 3 Mills Act Contract MAC 447.0-24 with photographs · Attachment 4 Mills Act Contract MAC 448.0-24 with photographs · Attachment 5 Mills Act Contract MAC 449.0-24 with photographs · Attachment 6 Mills Act Contract MAC 450.0-24 with photographs · Attachment 7 Mills Act Contract MAC 451.0-24 with photographs · Attachment 8 Mills Act Contract MAC 452.0-24 with photographs · Attachment 9 Mills Act Contract MAC 453.0-24 with photographs · Attachment 10 Mills Act Contract MAC 454.0-24 with photographs · Attachment 11 Mills Act Contract MAC 455.0-24 with photographs · Attachment 12 Mills Act Contract MAC 456.0-24 with photographs · Attachment 13 Mills Act Contract MAC 458.0-24 with photographs · Attachment 14 Mills Act Contract MAC 459.0-24 with photographs · Attachment 15 Mills Act Contract MAC 460.0-24 with photographs · Attachment 16 Mills Act Contract MAC 461.0-24 with photographs City of Orange Page 3 of 4 Printed on 11/21/2024
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· Attachment 17 Mills Act Contract MAC 462.0-24 with photographs · Attachment 18 Mills Act Contract MAC 463.0-10 with photographs City of Orange Page 4 of 4 Printed on 11/21/2024
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1 Summary of 2024 Mills Act Applications
(November 26, 2024 City Council Meeting)
Contract No. Property Address Historic
District Property Owners
Estimate for
Rehabilitation
Plan
Property Tax
Savings over
10 Years
Annual Property
Tax Reduction
to City
MAC 446.0-24 182 S. Waverly
Street Old Towne
James Carillo,
Keith Anthony,
and Nicole Carillo
$95,860 $88,480 $1,239
MAC 447.0-24
633 E. Maple
Avenue Old Towne Stephen Shearn $117,500 $94,160 $1,318 MAC 448.0-24 1829 N. Woodside
Street
Eichler
Fairmeadow
Katja and Daniel
Leitner $88,000 $86,304 $1,208
MAC 449.0-24 222 N. Pine Street Old Towne AIM Inland, LLC $154,500 $117,690 $1,648 MAC 450.0-24 747 E. Palmdale Eichler
Fairmeadow
Brannon and
Ashley Means $63,000 $55,680 $780
MAC 451.0-24 589 S. Woodland
Street
Eichler
Fairhaven
Juhye Lee and
Sohyun Lee $141,825 $129,310 $1,810
MAC 452.0-24 270 S. Olive Street Old Towne Kathleen Voss $124,000 $51,240 $717 MAC 453.0-24 247 N. Center
Street Old Towne Daniel and Kimberly Healy $94,100 $93,273 $1,306 MAC 454.0-24 619 S. Woodland
Street
Eichler
Fairhaven
Dana and
Adrienne Danet $94,125 $38,197 $535
MAC 455.0-24 1284 N. Linda Vista
Street
Eichler
Fairhills
David Woollett,
Tami Kailola, and
Joseph Woollett
$92,675 $57,462 $804
MAC 456.0-24 1815 N. Woodside
Street
Eichler
Fairmeadow
Benjamin Leitner,
Daniel Leitner and
Katja Leitner
$85,600 $29,020 $406
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2 Summary of 2024 Mills Act Applications
(November 26, 2024 City Council Meeting)
Contract No. Property Address Historic
District Property Owners
Estimate for
Rehabilitation
Plan
Property Tax
Savings over
10 Years
Annual Property
Tax Reduction
to City
MAC 457.0-24
*
2932 E. Chapman
Avenue
Individually
Listed
The Hobbit Real
Estate, LLC. $144,000 $141,500 $1,981
MAC 458.0-24
374 & 378 N. Pine
Street Old Towne Francis McBride and Cherie Lui $136,481 $43,713 $612 MAC 459.0-24 380 S. Shaffer
Street Old Towne Jason and Kristen Clayton $95,000 $81,148 $1,136 MAC 460.0-24
362 S. Shaffer
Street Old Towne
Austin
Muckenthaler and
Christy Mecxin
$119,000 $61,319 $858
MAC 461.0-24 127 N. Grand Street Old Towne
Matthew
Thompson and
Nataly Lam
$68,625 $68,698 $961
MAC 462.0-24 186 S. Cambridge
Street Old Towne Jesse Jerling $42,825 $31,380 $439
MAC 463.0-24 243 N. Grand Street Old Towne Rachelle and Bradley Mewes $128,500 $27,860 $390
TOTAL $1,885,616 $18,148
* Contract approved by City Council on November 12, 2024. 382
1 RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 182 S. Waverly Street, Orange, CA 92866 APN: 390-451-12
Mills Act Contract Number: 446.0-24
HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and JAMES TIMOTHY CARILLO, a single man, as to an undivided 1% interest, and KEITH ANTHONY and NICOLE MARIE CARILLO, Husband and Wife, as to an undivided 99% interest, as tenants in common (referred to herein as the “Owner”), with reference to the following:
RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council, and the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 383
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 182 S. Waverly Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 390-451-12 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either:
individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements to the “Historic Property” (as defined below). To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.
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. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 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. To the extent any of the provisions in this Agreement are 384
3 inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the Historic Property. For purposes of identification of the Historic Property, the City’s Official Historic Property Inventory Form (DPR 523) is attached as Exhibit E.
The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City’s minimum maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in Exhibit D within the times established therefore in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the work or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit D and the contract or contracts pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing, the Owner hereby agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect (“Applicable Laws”) pertaining to the use of the Historic Property. Owner must give the City immediate written notice on Owner’s becoming aware that the use or condition of the Historic Property is in violation of any Applicable Laws.
385
4 4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Contract term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover administrative costs associated with this Agreement including but not limited to the reasonable cost of monitoring the Historic Property, performing required inspections, and enforcement of the Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection. The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City’s Master Schedule of Fees and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful breach of this contract and may result in cancellation of the contract in accordance with the cancellation terms detailed below.
6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the "renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.
8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council.
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant; and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
386
5 10. 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 period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.
11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10th) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth (10th) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation maintenance items for the City’s review and approval. Such updated schedule shall contain a list of proposed improvements and/or revisions to be accomplished during the next succeeding ten (10) years of the Agreement and a schedule for the construction of such improvements. Within thirty (30) days after the City’s receipt of said updated schedule, the City’s Director of Community Development shall either approve or disapprove such proposed schedule of proposed improvements, or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonably requested.
From time to time, at the request of the City’s Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Planner for Historic Preservation or in his/her absence the Director of Community Development (or his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, represent and declare that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel, concerning the nature, extent and duration of his/her/their rights and claims, and that he/she/they have not been influenced to any extent whatsoever in executing the same by the City or by any person representing the City.
13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such breach or default are commenced within thirty 387
6 (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
15. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.
16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above, Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair market value of the Historic Property at the time of cancellation. The current fair market value shall be determined by the County Assessor as though the Historic Property were free of the restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the County Auditor shall prescribe.
17. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.
City of Orange
Attn.: City Manager
Nicole Carrillo, Keith Hall, James Carillo
300 E. Chapman Avenue 182 S. Waverly Street
Orange, CA 92866 Orange, CA 92866
388
7 18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees 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 assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.
19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally 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 an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic 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 this Agreement.
20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or 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 to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of this Agreement shall continue in full force and effect.
21. EFFECT OF AGREEMENT. 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 hereto to be considered joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.
23. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (herein referred to as a “Transfer”), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s).
In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption 389
8 agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.
24. RECORDATION. No later than six (6) months after the parties execute and enter into this Agreement, Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Orange.
25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community Development is authorized to amend the list of required projects in Exhibit D.
26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.
27. ADMINISTRATION. This Agreement shall be administered by the City’s Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City’s Director of Community Development (or his/her authorized representative). The City’s Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
[Remainder of page intentionally left blank; signatures on next page] 390
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
James Timothy Carrillo
Keith Anthony Hall
Nicole Marie Carrillo
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:
Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:
Pamela Coleman Mike Vigliotta
City Clerk City Attorney
391
10 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, 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 signature(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.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
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.
392
11 EXHIBIT “A”
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:
Lot 19, of Tract No. 736, in the City of Orange, County of Orange, State of California, as per Map recorded in Book 22, Pages(s) 9 of Miscellaneous Maps, in the Office of the County Recorder of said County. [APN 390-451-12]
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12 EXHIBIT “B”
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
394
13 EXHIBIT “C”
CITY OF ORANGE HISTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.
2. Publicly visible storage of scrap lumber, junk, trash or debris.
3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.
4. Stagnant water or excavations, including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
395
EXHIBIT “D”
REHABILITATION/MAINTENANCE SCOPE OF WORK
182 S. Waverly
Priority Description of Work Cost Estimate Completion
Date
1 Retroactive permit approval
for rental unit in attic $3,000 2025
2 Exterior Paint - Prepare, paint
and replace siding if
necessary
$19,000 2025
3 Seismic Retrofit - Enhanced
seismic bracing of raised
foundation
$12,280 2026
4 Remove air conditioning unit
at primary elevation attic
window and rehabilitate
window.
$2,500 2026
5 Electrical Rehabilitation -
Replace knob and tube $19,900 2027
6 Window Restoration - Restore
double hung windows $5,500 2028
7 Plumbing Retrofit - Replace
with ABS where needed $6,200 2030
8 Replace Roof $19,500 2032
9 Furnace Replacement
(heating) $7,980 2033
Total Rehabilitation $95,860
396
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
397
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:
P1. Other Identifier:
*P2. Location:
c. Address: 182 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - S WAVERLY City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:
D. Gest, P. LaValley, D.
Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:
DPR 523A (1/95) *Required Information
*Resource Name or #: WAVERLY_S_182__APN_390-451-12
(Assigned by Recorder)
*P9. Date Recorded:
April, 2005
1931
Primary #
HRI # 112619
Date:
NRHP Status Code 1D
Trinomial ORA
Other Listings:
Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:
Unrestricted
3 *P4. Resources Present: Building Structure Object Site Element of District District Other (Isolates, etc.) Not for Publication
District Record
Photograph Record
Location Map
Artifact Record
Archaeological Record
NONE
Linear Feature Record Milling Station Record Rock Art Record Other (List):
Materials: Frame - Wood siding
ST
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
Historic Prehistoric Both
A multigabled Bungalow with wood lapped siding. A front facing gable forms the entry porch which is supported by wooden supports on concrete piers. The original porch appears to have been enclosed. The steep gables have an ornamental element in peak.
,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey.
398
Style previously noted in 1991 Survey as: Bungalow.
B1. Historic Name: Unknown
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Craftsman
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1931 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Immigration & Ethnic Diversity (c.1910-1980) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:
Theme: Architecture Area: City of Orange
Structural Integrity:
(List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
The original porch appears to have been enclosed. Altered as of 2005: Windows; Addition(s); and Infilled/altered porch.
Primary #
HRI # 112619
No Yes Unknown
(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:
Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:
Status change since 1991 Survey: Not previously surveyed.
Site Integrity:
(Continues on Pg.3.)
399
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Description of Photo:
Primary #
HRI # 112619
Trinomial ORA
Recorded by:
Date Recorded: April, 2005
P3a. Description (Continued from Pg.1):
DPR 523L (11/98) *Required Information
Continuation Update
B6. Construction History (Continued from Pg.2):
Lot Acre: 0.1509
Principal Building Sqft: 1085
Planning Zone: R-1-6 # of Stories: 1
Years Surveyed: 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
*Resource Name or #: WAVERLY_S_182__APN_390-451-12
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1
400
401
402
403
404
405
406
407
1 RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 633 E. Maple Avenue, Orange, CA 92866 APN: 386-082-13
Mills Act Contract Number: 447.0-24
HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and STEPHEN H. SHEARN, Trustee of the Shearn Family Trust under Declaration of Trust dated September 4, 2003 and (referred to herein as the “Owner”), with reference to the following:
RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council, and the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 408
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 633 E. Maple Avenue, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 386-082-13 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either:
individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements to the “Historic Property” (as defined below). To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.
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. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 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. To the extent any of the provisions in this Agreement are 409
3 inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the Historic Property. For purposes of identification of the Historic Property, the City’s Official Historic Property Inventory Form (DPR 523) is attached as Exhibit E.
The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City’s minimum maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in Exhibit D within the times established therefore in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the work or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit D and the contract or contracts pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing, the Owner hereby agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect (“Applicable Laws”) pertaining to the use of the Historic Property. Owner must give the City immediate written notice on Owner’s becoming aware that the use or condition of the Historic Property is in violation of any Applicable Laws.
410
4 4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Contract term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover administrative costs associated with this Agreement including but not limited to the reasonable cost of monitoring the Historic Property, performing required inspections, and enforcement of the Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection. The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City’s Master Schedule of Fees and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful breach of this contract and may result in cancellation of the contract in accordance with the cancellation terms detailed below.
6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the "renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.
8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council.
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant; and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
411
5 10. 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 period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.
11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10th) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth (10th) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation maintenance items for the City’s review and approval. Such updated schedule shall contain a list of proposed improvements and/or revisions to be accomplished during the next succeeding ten (10) years of the Agreement and a schedule for the construction of such improvements. Within thirty (30) days after the City’s receipt of said updated schedule, the City’s Director of Community Development shall either approve or disapprove such proposed schedule of proposed improvements, or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonably requested.
From time to time, at the request of the City’s Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Planner for Historic Preservation or in his/her absence the Director of Community Development (or his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, represent and declare that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel, concerning the nature, extent and duration of his/her/their rights and claims, and that he/she/they have not been influenced to any extent whatsoever in executing the same by the City or by any person representing the City.
13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such breach or default are commenced within thirty 412
6 (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
15. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.
16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above, Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair market value of the Historic Property at the time of cancellation. The current fair market value shall be determined by the County Assessor as though the Historic Property were free of the restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the County Auditor shall prescribe.
17. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.
City of Orange
Attn.: City Manager
The Shearn Family Trust
300 E. Chapman Avenue 24523 Rimrock Ct.
Orange, CA 92866 Salinas, CA 93908
413
7 18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees 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 assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.
19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally 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 an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic 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 this Agreement.
20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or 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 to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of this Agreement shall continue in full force and effect.
21. EFFECT OF AGREEMENT. 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 hereto to be considered joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.
23. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (herein referred to as a “Transfer”), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s).
In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption 414
8 agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.
24. RECORDATION. No later than six (6) months after the parties execute and enter into this Agreement, Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Orange.
25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community Development is authorized to amend the list of required projects in Exhibit D.
26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.
27. ADMINISTRATION. This Agreement shall be administered by the City’s Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City’s Director of Community Development (or his/her authorized representative). The City’s Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
[Remainder of page intentionally left blank; signatures on next page] 415
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Stephen H. Shearn
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:
Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:
Pamela Coleman Mike Vigliotta
City Clerk City Attorney
416
10 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, 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 signature(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.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
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.
417
11 EXHIBIT “A”
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:
LOT 7 AND THE NORTH 48 FEET OF LOT 6 OF WELCH AND
HARROD’S ADDITION TO THE CITY OF ORANGE, IN THE CITY OF
ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 38 OF
MISCELLANEOUS MAPS, RECODS OF SAID COUNTY.
[APN 386-082-13]
418
12 EXHIBIT “B”
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
419
13 EXHIBIT “C”
CITY OF ORANGE HISTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.
2. Publicly visible storage of scrap lumber, junk, trash or debris.
3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.
4. Stagnant water or excavations, including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
420
EXHIBIT “D”
REHABILITATION/MAINTENANCE SCOPE OF WORK
633 E. Maple
Priority Description of
Work
Cost
Estimate
Completion
Date
1 Window restoration $10,000 2023
2 Fireplace restoration $5,000 2024
3 Stairway restoration $5,000 2024
4 Repair termite
damage $7,000 2024
5 Update electrical
system $25,000 2024
6 Engage structural
engineer to evaluate
the foundation,
structure and arroyo
stone, make
recommendations
for treatment, and
then implement the
treatments
$3,000 2025
7 Seismic retrofit $15,000 2025
8 Replace roof on
addition at back of
house
$15,000 2026
9 Patch and repair roof
of main house inkind, primarily after
antenna is removed
$5,000 2026
10 Remove loose and
flaking paint, then
paint exterior siding
and trim
$15,000 2027
421
11 Repair wood at east
elevation trellis;
replace wooden
members in-kind
only if necessary
$5,000 2027
12 Engage contractor to
evaluate the exposed
plumbing and
electrical at exterior
elevations, make
recommendations
for treatment, and
implement
treatments
$7,500 2030
TOTAL
REHABILITIATION $117,500
422
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
423
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:
P1. Other Identifier:
*P2. Location:
c. Address: 633 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - E MAPLE City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:
D. Gest, P. LaValley, D.
Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:
DPR 523A (1/95) *Required Information
*Resource Name or #: MAPLE_E_633__APN_386-082-13
(Assigned by Recorder)
*P9. Date Recorded:
March, 2005
1909
Primary # 30-159483
HRI # 038849
Date:
NRHP Status Code 1D
Trinomial ORA
Other Listings:
Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:
Unrestricted
3 *P4. Resources Present: Building Structure Object Site Element of District District Other (Isolates, etc.) Not for Publication
District Record
Photograph Record
Location Map
Artifact Record
Archaeological Record
NONE
Linear Feature Record Milling Station Record Rock Art Record Other (List):
Materials: Frame - Wood & brick siding
AVE
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
Historic Prehistoric Both
A two-story Craftsman home with wide lap siding and multi-gable roof. A wide shed dormer with two pairs of transomed windows is present on the front portion of the roof. The main roof extends forward to form a full-width porch, supported by stone piers connected by a long, low stone wall. This same stone work is featured in the chimney at the rear of the house. The original door is still present and is flanked on either
,#
2010
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 424
B1. Historic Name: Charles and Alice Parker House
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Craftsman
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1909 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Early Settlement (c. 1870 - 1920) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:
Theme: Architecture Area: City of Orange
Structural Integrity: Excellent Condition - No apparent change to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
As of 1919 the house was owned by Charles and Alice Parker. Mr. Parker was a dentist.
Primary # 30-159483
HRI # 038849
No Yes Unknown
(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:
Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:
Status change since 1991 Survey: None.
Site Integrity:
(Continues on Pg.3.)
425
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Description of Photo:
Primary # 30-159483
HRI # 038849
Trinomial ORA
Recorded by:
Date Recorded: March, 2005
P3a. Description (Continued from Pg.1):
side by a trio of sash windows.
DPR 523L (11/98) *Required Information
Continuation Update
B6. Construction History (Continued from Pg.2):
Lot Acre: 0.2652
Principal Building Sqft: 1549
Planning Zone: R-2-6 # of Stories: 2
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
*Resource Name or #: MAPLE_E_633__APN_386-082-13
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1
426
427
428
429
430
431
432
433
434
435
1 RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 1829 N. Woodside Street, Orange, CA 92865 APN: 374-21-311
Mills Act Contract Number: 448.0-24
HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and KATJA AND DANIEL LEITNER REVOCABLE LIVING TRUST, a living trust of which Katja Leitner, of 1829 N. Woodside Street, Orange, CA 92865, USA and Daniel Letiner of 1829 N. Woodside Street, Orange, CA 92865, USA are the (referred to herein as the “Owner”), with reference to the following:
RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council, and the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and 436
2 WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
“Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 1829 N. Woodside Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 374-21-311 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either:
individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements to the “Historic Property” (as defined below). To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.
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. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 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. To the extent any of the provisions in this Agreement are 437
3 inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the Historic Property. For purposes of identification of the Historic Property, the City’s Official Historic Property Inventory Form (DPR 523) is attached as Exhibit E.
The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City’s minimum maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in Exhibit D within the times established therefore in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the work or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit D and the contract or contracts pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing, the Owner hereby agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect (“Applicable Laws”) pertaining to the use of the Historic Property. Owner must give the City immediate written notice on Owner’s becoming aware that the use or condition of the Historic Property is in violation of any Applicable Laws.
438
4 4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Contract term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover administrative costs associated with this Agreement including but not limited to the reasonable cost of monitoring the Historic Property, performing required inspections, and enforcement of the Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection. The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City’s Master Schedule of Fees and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful breach of this contract and may result in cancellation of the contract in accordance with the cancellation terms detailed below.
6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the "renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.
8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council.
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant; and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
439
5 10. 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 period remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.
11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10th) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth (10th) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation maintenance items for the City’s review and approval. Such updated schedule shall contain a list of proposed improvements and/or revisions to be accomplished during the next succeeding ten (10) years of the Agreement and a schedule for the construction of such improvements. Within thirty (30) days after the City’s receipt of said updated schedule, the City’s Director of Community Development shall either approve or disapprove such proposed schedule of proposed improvements, or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonably requested.
From time to time, at the request of the City’s Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Planner for Historic Preservation or in his/her absence the Director of Community Development (or his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, represent and declare that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel, concerning the nature, extent and duration of his/her/their rights and claims, and that he/she/they have not been influenced to any extent whatsoever in executing the same by the City or by any person representing the City.
13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such breach or default are commenced within thirty 440
6 (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.
Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
15. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.
16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above, Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair market value of the Historic Property at the time of cancellation. The current fair market value shall be determined by the County Assessor as though the Historic Property were free of the restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the County Auditor shall prescribe.
17. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.
City of Orange
Attn.: City Manager
Katjua and Daniel Leitner Revocable
Living Trust
300 E. Chapman Avenue 1829 N. Woodside Street
Orange, CA 92866 Orange, CA 92865
441
7 18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees 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 assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.
19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally 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 an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic 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 this Agreement.
20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or 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 to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of this Agreement shall continue in full force and effect.
21. EFFECT OF AGREEMENT. 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 hereto to be considered joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.
23. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (herein referred to as a “Transfer”), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s).
In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption 442
8 agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.
24. RECORDATION. No later than six (6) months after the parties execute and enter into this Agreement, Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Orange.
25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community Development is authorized to amend the list of required projects in Exhibit D.
26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.
27. ADMINISTRATION. This Agreement shall be administered by the City’s Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City’s Director of Community Development (or his/her authorized representative). The City’s Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
[Remainder of page intentionally left blank; signatures on next page] 443
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Katja Leitner
______________________________
Daniel Leitner
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:
Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:
Pamela Coleman Mike Vigliotta
City Clerk City Attorney
444
10 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, 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 signature(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.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
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.
445
11 EXHIBIT “A”
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:
LOT 118 OF TRACT NO. 3978, IN THE CITY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 140, PAGES 17 TO 19, INCLUSIVE OF MISCELLANEOUS MAPS OF ORANGE COUNTY RECORDER RECORDS.
[APN 374-213-11]
446
12 EXHIBIT “B”
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
447
13 EXHIBIT “C”
CITY OF ORANGE HISTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.
2. Publicly visible storage of scrap lumber, junk, trash or debris.
3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.
4. Stagnant water or excavations, including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
448
EXHIBIT “D”
REHABILITATION/MAINTENANCE SCOPE OF WORK
1829 N. Woodside Street
Priority Description of Work Cost
Estimate
Completion
Date
1 Repair of dry rot, wood repairs noted in the
termite inspection report dated 2/5/2024 to
repair and retain original trimwork and
siding $3,000.00 2025
2 Maintenance/repair of original sliding glass
doors, including removal of paint on
overpainted areas to restore original
appearance. $1,500.00 2025
3 Restoration of deteriorated bathroom door
on north side of home due to water damage,
retaining original hardware as possible. $1,500.00 2025 4 Restoration of the original roof drainage
system or installation of gutters on north
side of house to prevent further damage to
siding/doorway. Prefer usage of custom
gutter to match appearance of facia board
and maintain aesthetic line if original roof
drainage cannot be restored. $4,000.00 2025
5 Replacement of UV protection/safety foil
on front-facing clerestory windows with
clear film (no tint) to restore appearance to
original. $1,500.00 2025
6 Inspection and maintenance of the existing
roof system including skylight repair to
prevent further water damage to
woodwork. $4,000.00 2026
449
7 Replace vinyl sliding door and window on
south side of home with aluminum framed
replacements to match the original look. In
the process re-expose the original accent
beam over the sliding door and restore door
height to match original. $6,000.00 2026
8 Replace exterior lights on North and South
side of home with appropriate down-
lighting fixtures to match original Eichler
aesthetic $1,500.00 2026
9 Repair and adjustment to maintain the
original garage door and prevent damage to
original wood framing. $1,000.00 2026
10 Descale/repair/epoxy lining of kitchen
drain line to restore flow and maintain
original infrastructure. $7,000.00 2026
11 Removal of non-original aluminum trellis
on south side of home that is visible from
the street and attached to the facia board.
Repair of facia board as needed to maintain
original appearance. $2,000.00 2027
12 Paint the exterior of the home to prevent
weathering/damage to siding.
Repair/replacement of siding as needed.
Siding to be repaired as possible and any
replacement done with Eichler siding to
match original. Surface mounted conduit
and HVAC ducting will be integrated
behind siding to the fullest extent possible,
and non-original trim will be removed to
restore original appearance. $30,000.00 2027
13 Restore entrance wall to original
appearance (Remove wood paneling and
restore to obscured glass to match original)
Transparent glass will cover the open
exposed areas above the wall. Remove non
original trim from entrance door. $15,000.00 2027
14 Maintenance of the statement beam and
trim to maintain original materials and
appearance. $1,000.00 2028
450
15 Inspection and maintenance of the existing
roof system. $3,000.00 2029
16 Inspection and maintenance of the HVAC
system $3,000.00 2029
17 Cleaning and maintenance of fireplace and
chimney flue, including cap repair as
needed to maintain original chimney
structure/appearance. $1,000.00 2030
18 Replacement of damaged glass in master
bedroom with like-for-like materials. $1,000.00 2030
19 Water softener resin tank replacement to
prevent deterioration of original plumbing
infrastructure. $1,000.00 2034
TOTAL REHABILITIATION $88,000
451
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
452
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:
P1. Other Identifier:
*P2. Location:
c. Address: 1829 Zip: 92865
(Give more than one fr large and/or linear resourc
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N WOODSIDE City Orange
*P3a. Description:
*P3b. Resource Attributes: (List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address
(View, date, accession #)
*P6. Date Constructed/ Age and Source:
D. Gest, P. LaValley
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:
Orange County Assesor Records. (2005).
Chattel Architecture. (2005). Historic Resources Survey.
AEGIS. (1991). Historic Building Inventory Update.
Heritage Orange County, Inc. (1982). Orange Historic Survey.
Orange Daily News
DPR 523A (1/95) *Required Information
*Resource Name or #: (Assigned by Recorder) WOODSIDE_N_1829__APN_374-213-11 *P9. Date Recorded:
January 2005
1964 c
Primary #
HRI #
Date:
NRHP Status Code 5B
Trinomial
Other Listings:
Review Code: Reviewer:
Orange County Historic Property Data File (HPD#)
*a. County: Orange
P5b. Description of Photo: 2005
Unristricted
3 *P4. Resources Present: Building Structure Object Site Element of District District Other (Isolates, etc.) Not for Publication
District Record
Photograph Record
Location Map
Artifact Record
Archaeological Record
NONE
Linear Feature Record Milling Station Recor Rock Art Record Other (List):
Materials:
ST
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
Historic Prehistoric Both
Model LJ-124, variant 1: This model is one-story, post-and-beam construction with a ¾-width low-pitched, front-facing gable roof that forms a deep eave overhang over cantilevered, square-end, wood beams with trapezoidal transom windows tucked under the eaves of the one-bay garage. The remaining width of the buil *b. USGS 7.5' Quad:
453
Status change since previous survey: Not previously surveyed.
Fairmeadow Tract
B1. Historic Name: Unknown
B3. Original Use: B4. Present Use: RES
*B5. Architectural Style: California mid-century modern B2. Common Name:
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1964 *B9. Architect or Builder: A. Quincy Jones
Period of Significance: Eichler tract (c. 1959 - 1965)
*B10. Significance: Property Type: Building
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) *B8. Related Features:
*B7. Moved? Date: Original Location:
Theme: Architecture Area: City of Orange
Site Integrity:
Structural Integrity: Good
(List attributes and codes)
*Date of Evaluation: January 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: D. Gest, P. LaValley
B13. Remarks:
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (1/95) *Required Information
*B12. References:
Orange County Assesor Records.
Chattel Architecture. (2005). Historic Resources Survey.
AEGIS. (1991). Historic Building Inventory Update.
Heritage Orange County, Inc.(1982). Orange Historic Survey.
Orange Daily News.
*NRHP Status Code: 5B
(Sketch Map with North arrow required.)
Opportunities:
Since 1991 Survey, Glass panels in entryway wall infilled, metal security gate over front door, repaved drive, concrete and brick front walk added. Level of Alteration: Medium.
Primary #
HRI #
Applicable Criteria:
c
No Yes Unknown
(Sketch Map with north arrow required
*Resource Name or #: (Assigned by Recorder) WOODSIDE_N_1829__APN_374-213-11 Historic Prehistoric Both
454
Landscaping: Moderately landscaped with bushes and small planters.
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI #
Trinomial
Recorded by: Date Recorded: January 2005
P3a. Description (Cont.):
ding has a flat roof with no overhang and no fenestration. The gable’s center bay is recessed to form a covered carport and entrance, which is located in one corner and surrounded by four frosted glass panels spanned by a wood lintel with an open transom. On the opposite side of the carport, the roof overhang has several cut-outs. A horizontal beam, with an applied, decorative wood strip, stretches across the width of the gable with one end integrated into the garage bay and the other supported by square wood posts. The building, including the garage door, is clad with narrow-gauge, vertical wood siding. The concrete driveway is scored to mirror the width of the garage and carport.
DPR 523L (11/98) *Required Information
Continuation Update
B6. Construction History (Cont.):
Lot Acre: 0.1954
Building Sqft: 1729
Planning Zone: R-1-8 # Stories: 1
Previously Surveyed: --
Unit Addr:
# of Units:
B13. Remarks (Cont.):
Related Features:
D. Gest, P. LaValley
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
*Resource Name or #: (Assigned by Recorder) WOODSIDE_N_1829__APN_374-213-11 Description of Photo:
455
456
457
458
459
460
461
462
463
464
465
1 RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 222 N. Pine Street, Orange, CA 92866
APN: 386-083-14
Mills Act Contract Number: 449.0-24
HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and AIM INLAND, LLC, a California limited liability company (referred to herein as the “Owner”), with reference to the following:
RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council, and the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
466
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 222 N Pine Street in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 386-083-14 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either:
individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements to the “Historic Property” (as defined below). To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.
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. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 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. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
467
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the Historic Property. For purposes of identification of the Historic Property, the City’s Official Historic Property Inventory Form (DPR 523) is attached as Exhibit E.
The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City’s minimum maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in Exhibit D within the times established therefore in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the work or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit D and the contract or contracts pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing, the Owner hereby agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect (“Applicable Laws”) pertaining to the use of the Historic Property. Owner must give the City immediate written notice on Owner’s becoming aware that the use or condition of the Historic Property is in violation of any Applicable Laws.
4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Contract term to determine Owner's compliance with the terms and provisions of this Agreement. Owner agrees to provide the City with a report as to the status 468
4 of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover administrative costs associated with this Agreement including but not limited to the reasonable cost of monitoring the Historic Property, performing required inspections, and enforcement of the Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection. The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City’s Master Schedule of Fees and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful breach of this contract and may result in cancellation of the contract in accordance with the cancellation terms detailed below.
6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the "renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.
8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council.
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant; and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
10. 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 period 469
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.
11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10th) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth (10th) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation maintenance items for the City’s review and approval. Such updated schedule shall contain a list of proposed improvements and/or revisions to be accomplished during the next succeeding ten (10) years of the Agreement and a schedule for the construction of such improvements. Within thirty (30) days after the City’s receipt of said updated schedule, the City’s Director of Community Development shall either approve or disapprove such proposed schedule of proposed improvements, or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonably requested.
From time to time, at the request of the City’s Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Planner for Historic Preservation or in his/her absence the Director of Community Development (or his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, represent and declare that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel, concerning the nature, extent and duration of his/her/their rights and claims, and that he/she/they have not been influenced to any extent whatsoever in executing the same by the City or by any person representing the City.
13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.
470
6 Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
15. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.
16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above, Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair market value of the Historic Property at the time of cancellation. The current fair market value shall be determined by the County Assessor as though the Historic Property were free of the restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the County Auditor shall prescribe.
17. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.
City of Orange
Attn.: City Manager
AIM Inland, LLC-Donald St. Jean,
Managing Partner
300 E. Chapman Avenue 531 E. Chapman Ave.
Orange, CA 92866 Orange, CA 92866
18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees that the 471
7 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 assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.
19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally 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 an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic 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 this Agreement.
20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or 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 to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of this Agreement shall continue in full force and effect.
21. EFFECT OF AGREEMENT. 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 hereto to be considered joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.
23. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (herein referred to as a “Transfer”), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s).
In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the 472
8 obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.
24. RECORDATION. No later than six (6) months after the parties execute and enter into this Agreement, Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Orange.
25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community Development is authorized to amend the list of required projects in Exhibit D.
26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.
27. ADMINISTRATION. This Agreement shall be administered by the City’s Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City’s Director of Community Development (or his/her authorized representative). The City’s Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
[Remainder of page intentionally left blank; signatures on next page] 473
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Donald St. Jean
Managing Partner AIM Inland, LLC
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:
Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:
Pamela Coleman Mike Vigliotta
City Clerk City Attorney
474
10 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, 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 signature(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.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
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.
475
11 EXHIBIT “A”
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:
LOT 14 IN TRACT NO. 202, MAPLEWOOD TRACT ANNEX, IN THE
CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP THEREOF RECORDED IN BOOK 12, PAGE 48 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
[APN 386-083-14]
476
12 EXHIBIT “B”
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
477
13 EXHIBIT “C”
CITY OF ORANGE HISTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.
2. Publicly visible storage of scrap lumber, junk, trash or debris.
3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.
4. Stagnant water or excavations, including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
478
EXHIBIT “D”
REHABILITATION/MAINTENANCE SCOPE OF WORK
222 N. Pine Street
Priority Description of Work Cost Estimate Completion
Date
1 Termite repair $20,000.00 2025
2 Plumbing upgrades $18,000.00 2025
3 Repair structure and roof of
garage
$45,000.00 2025
4 Remove non-historic window
in bathroom and replace with
more compatible wood hung
$1,000.00 2025
5 Remove non-historic garage
door and replace with wood
swing doors
$15,000.00 2025
6 Update electrical $35,000.00 2025
7 Routine maintenance $9,000.00 Annual
8 Engage a contractor to
evaluate window at basement
for water-tightness, make
recommendations for
treatment, and implement
recommendations
$2,500.00 2027
9 Repaint house $9,000.00 2033
TOTAL $154,500.00
479
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
480
481
482
483
484
485
486
487
488
489
490
491
492
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
*b. USGS 7.5' Quad: Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:
P1. Other Identifier:
*P2. Location:
c. Address: 222 Zip: 92866
(Give more than one for large and/or linear resources)
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries. Continues on Pg.3.) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - N PINE City: Orange
*P3a. Description:
*P3b. Resource Attributes:
(List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address)
(View, date, accession #)
*P6. Date Constructed/ Age and Source:
D. Gest, P. LaValley, D.
Matsumoto
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:
DPR 523A (1/95) *Required Information
*Resource Name or #: PINE_N_222__APN_386-083-14
(Assigned by Recorder)
*P9. Date Recorded:
May, 2005
1926
Primary # 30-159558
HRI # 038924
Date:
NRHP Status Code 1D
Trinomial ORA
Other Listings:
Review Code: Reviewer:
(HP2)--Single family property
*a. County: Orange
P5b. Description of Photo:
Unrestricted
3 *P4. Resources Present: Building Structure Object Site Element of District District Other (Isolates, etc.) Not for Publication
District Record
Photograph Record
Location Map
Artifact Record
Archaeological Record
NONE
Linear Feature Record Milling Station Record Rock Art Record Other (List):
Materials: Frame - Stucco or plaster
ST
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
Historic Prehistoric Both
A single-story house built on an L-plan with stucco facades and adobe tiled, gable roof. The main entry is via two large, arched openings which form a modified arcade along the front inner portion of the front facade. A large, arched mullioned window is present on the front-facing gable facade. ,#
2005
Orange County Assessor Records (2005). Chattel Architecture (2005) Historic Resources Survey. AEGIS (1991) Historic Building Inventory Update. Heritage Orange County, Inc. (1982) Orange Historic Survey. 493
B1. Historic Name: D.C. Drake House
B3. Original Use: RES B4. Present Use: RES
*B5. Architectural Style: Spanish Colonial Revival
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1926 *B9. Architect or Builder: Unknown
Period of Significance: Old Towne: Interwar Development (c. 1921 - 1941) *B10. Significance: Property Type: Residence
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity. Continues on Pg.4.) *B8. Related Features:
*B7. Moved? Date: Original Location:
Theme: Architecture Area: City of Orange
Structural Integrity: Excellent Condition - No apparent change to original structure. (List attributes and codes)
*Date of Evaluation: September, 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: Robert Chattel
B13. Remarks:
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
*B12. References:
*NRHP Status Code 1D
The house was originally owned by D. C. Drake who was a one-time mayor of Orange. It was later sold to A.
Haven Smith who was principal of the Orange Union High School from 1928 to 1945. He lived in this home until his death about 1971.
Primary # 30-159558
HRI # 038924
No Yes Unknown
(Assigned by Recorder)
Historic Prehistoric Both
B2. Common Name:
Applicable Criteria: AC
Orange Daily News.
(Sketch Map with North arrow required.)
DPR 523B (1/95) *Required Information
Opportunities:
Status change since 1991 Survey: None.
Site Integrity:
(Continues on Pg.3.)
494
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Description of Photo:
Primary # 30-159558
HRI # 038924
Trinomial ORA
Recorded by:
Date Recorded: May, 2005
P3a. Description (Continued from Pg.1):
DPR 523L (11/98) *Required Information
Continuation Update
B6. Construction History (Continued from Pg.2):
Lot Acre: 0.229
Principal Building Sqft: 2048
Planning Zone: R-1-6 # of Stories: 1
Years Surveyed: 1982, 1991, 2005
General Plan: LDR
# of Units: 1
B13. Remarks (Continued from Pg.2):
1991
D. Gest, P. LaValley, D. Matsumoto
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
*Resource Name or #: PINE_N_222__APN_386-083-14
(Assigned by Recorder)
Listed in National Register: 1997
# of Buildings: 1
495
1 RECORDING REQUESTED BY
AND, WHEN RECORDED,
MAIL TO:
City Clerk
City of Orange
300 E. Chapman Avenue
Orange, California, 92866
Property Address: 747 E. Palmdale Ave., Orange, CA 92865 APN: 374-224-10
Mills Act Contract Number: 450.0-24
HISTORIC PROPERTY PRESERVATION AGREEMENT
(MILLS ACT CONTRACT)
THIS HISTORIC PROPERTY PRESERVATION AGREEMENT (the “Agreement”) is made and entered into as of the date of execution by the City (herein referred to as the “Effective Date”), and is being entered into by and between the CITY OF ORANGE, a municipal corporation (“City”), and BRANNON MEANS and ASHLEY MEANS, Husband and Wife as Joint Tenants (referred to herein as the “Owner”), with reference to the following:
RECITALS
WHEREAS, the Mills Act (Government Code Section 50280 et seq.) provides cities with the opportunity to contract with owners of qualified historical properties whereby the owner promises to preserve and rehabilitate the property in return for a potential reduced property tax assessment; and WHEREAS, the City of Orange has established Historic Districts consisting of the Plaza Historic District, listed in the National Register of Historic Places; the Old Towne Orange Historic District, listed in the National Register of Historic Places; the local Old Towne Orange Historic District, designated by the Orange City Council; and the local Eichler Fairhaven, Fairhills, and Fairmeadow Historic Districts, designated by the Orange City Council, and the City desires to promote the character, quality of life, and historic features of said Districts to its citizens and visitors; and
WHEREAS, the City is dedicated to the protection and stabilization of property values through maintaining and upgrading its older housing stock, through the use of incentives such as the Mills Act; and
WHEREAS, the Mills Act also has beneficial effects on City businesses, economic stability and community pride by preserving important neighborhood historic resources; and WHEREAS, the use of the Mills Act will fulfill one of the goals of the City’s 2010 General Plan Cultural Resources Element; specifically,
496
2 “Provide incentives and expand education efforts for historic preservation” (Goal 3.0, CR-22); and
WHEREAS, Owner possesses fee simple title in and to that certain real property, together with associated structures and improvements thereon, located at 747 E Palmdale Avenue, in the City of Orange, County of Orange, State of California, having Assessor’s Parcel Number 374-224-10 and more specifically described in Exhibit A, which exhibit is attached hereto and made a part hereof (herein referred to as the “Historic Property); and
WHEREAS, the Historic Property is a qualified historical property under the Mills Act in that it is privately owned property which is not exempt from property taxation and is either:
individually designated or is a contributing property within a designated district which is listed in the National Register of Historic Places, California Register of Historical Resources or Register of Historical Landmarks, California Points of Historical Interest, or is a contributing property in a locally designated historic district; and
WHEREAS, Owner, in consideration for abiding by the terms of this Agreement shall be entitled to a reassessment of valuation of the Historic Property and any corresponding reduction in property taxes pursuant to the provisions of the California Revenue and Taxation Code; and WHEREAS, it is the City’s expectation that the Owner will use the property tax savings accrued under this Agreement for improvements to the “Historic Property” (as defined below). To that end, as a condition of renewal, the City will require a revised schedule of improvements every ten years showing a plan for improvements commensurate with the tax savings; and WHEREAS, the City and Owner for their mutual benefit, now desire to enter into this Agreement to limit the use of the Historic Property to prevent inappropriate alterations, to ensure that characteristics of historic significance are preserved and maintained in an exemplary manner, and to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code.
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. APPLICABLE LAWS. This Agreement is made pursuant to California Government Code Sections 50280 through 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. To the extent any of the provisions in this Agreement are inconsistent with the aforementioned provisions of the Government and Revenue and Taxation Codes, they are superseded by those Code Sections.
497
3 2. ASSESSMENT OF VALUATION. Property tax relief afforded to Owner pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code will be determined solely by the Orange County Office of the Assessor. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.
3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character defining features. Character defining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the Historic Property. For purposes of identification of the Historic Property, the City’s Official Historic Property Inventory Form (DPR 523) is attached as Exhibit E.
The Secretary of the Interior's Standards for Rehabilitation (Exhibit B) and City’s minimum maintenance standards (Exhibit C), attached hereto and incorporated herein by reference, shall constitute the minimum standards and conditions for preservation and rehabilitation of the Historic Property, and shall apply to the Historic Property throughout the term of this Agreement. Owner shall, where necessary, rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the Secretary of the Interior's Standards for Rehabilitation, the California Historical Building Code, and the City of Orange’s Historic Preservation Design Standards for Old Towne.
As consideration for the City to enter into this Agreement, the Owner agrees, at its own cost and expense, to complete, or cause to be completed, the work or improvements described in Exhibit D within the times established therefore in Exhibit D. The Owner shall secure any and all permits which may be required by the City or any other governmental agency affected by the construction of the work or improvements. The Owner accepts responsibility for and shall be responsible for identification of and compliance with all applicable laws pertaining to the construction and installation of the work or improvements described on Exhibit D and the contract or contracts pertaining thereto. The Owner will neither seek to hold nor hold the City liable for, and will hold the City harmless with respect to, any consequences of any failure by the Owner to correctly determine the applicability of any such requirements to any contract he/she/they enter into.
In addition to the foregoing, the Owner hereby agrees to and will comply with all applicable local, state, and federal statutes, regulations, rules, codes (including building codes), ordinances, and other requirements of governmental authorities now or hereafter in effect (“Applicable Laws”) pertaining to the use of the Historic Property. Owner must give the City immediate written notice on Owner’s becoming aware that the use or condition of the Historic Property is in violation of any Applicable Laws.
4. INSPECTIONS AND ANNUAL REPORTING. Owner agrees to permit the examination, by prior appointment, of the interior and exterior of the Historic Property by the City at a minimum every five (5) years during the Contract term to determine Owner's compliance with the terms 498
4 and provisions of this Agreement. Owner agrees to provide the City with a report as to the status of the Historic Property annually within thirty (30) days following each anniversary of the Effective Date of this Agreement. The annual report shall provide substantiation reasonably satisfactory to the City’s Historic Preservation Planner or in his/her absence the Director of Community Development that Owner has completed the work required by Exhibit D for the twelve month period preceding each anniversary of this Agreement, and whether the Historic Property has undergone any changed conditions, and whether Owner has received any public funds from other sources designated for the preservation or maintenance of the Historic Property and from whom such funds have been received.
5. PAYMENT OF ANNUAL FEE. The Owner shall pay the City an annual fee to cover administrative costs associated with this Agreement including but not limited to the reasonable cost of monitoring the Historic Property, performing required inspections, and enforcement of the Agreement. Said fee shall be payable to the City of Orange and shall be remitted to the Planning Division upon demand and prior to any required inspection. The amount of the annual inspection fee shall be established by the City and may be revised from time to time, which fee shall be set forth in the City’s Master Schedule of Fees and Charges. Failure to pay the required fee within 45 days of the due date will be considered a willful breach of this contract and may result in cancellation of the contract in accordance with the cancellation terms detailed below.
6. TERM. The term of this contract is for a period of ten (10) years. The initial term of this Agreement shall be from November 26, 2024 to and including November 26, 2034.
7. AUTOMATIC RENEWAL. On each yearly anniversary of the Effective Date of this Agreement (hereinafter referred to as the "renewal date"), one year shall be added automatically to the initial term of this Agreement, unless notice of non-renewal is given as provided in this Agreement.
8. EFFECT OF OUTSIDE FUNDS. If Owner receives funds designated for the preservation or maintenance of the Historic Property from any other public agency, this Agreement shall not be renewed except upon the vote of the City Council.
9. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal to the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least ninety (90) days, or by City to Owner at least sixty (60) days prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within fifteen (15) days of receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. Upon receipt of such a protest the City Council shall set a hearing prior to the expiration of the renewal date of this Agreement or toll the renewal date until such hearing can reasonably held. Owner may furnish the City Council with any information which the Owner deems relevant; and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.
10. 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 period 499
5 remaining since the original execution date if not yet renewed, or the last renewal date of the Agreement, as the case may be.
11. UPDATE OF IMPROVEMENT SCHEDULE. At least ninety (90) days prior to the tenth (10th) anniversary of the Effective Date of this Agreement, and ninety (90) days prior to every tenth (10th) anniversary thereafter, Owner shall provide City with an updated schedule of rehabilitation maintenance items for the City’s review and approval. Such updated schedule shall contain a list of proposed improvements and/or revisions to be accomplished during the next succeeding ten (10) years of the Agreement and a schedule for the construction of such improvements. Within thirty (30) days after the City’s receipt of said updated schedule, the City’s Director of Community Development shall either approve or disapprove such proposed schedule of proposed improvements, or shall respond in writing by stating what further information, if any, the City reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Owner shall promptly furnish to the City such further information as may be reasonably requested.
From time to time, at the request of the City’s Director of Community Development (or his/her authorized representative), the Owner shall meet and confer with the City’s Planner for Historic Preservation or in his/her absence the Director of Community Development (or his/her designee) regarding matters arising hereunder with respect to the work and improvements and the progress in constructing the same.
12. INDEPENDENT ADVICE OF COUNSEL. The Owner, and each of them, represent and declare that in executing this Agreement he/she/they have relied solely upon his/her/their own judgment, belief and knowledge, and the advice and recommendations of his/her/their own independently selected counsel, concerning the nature, extent and duration of his/her/their rights and claims, and that he/she/they have not been influenced to any extent whatsoever in executing the same by the City or by any person representing the City.
13. ENFORCEMENT OF AGREEMENT. If the City determines the owner has breached any of the conditions of the Agreement provided for or has allowed the property to deteriorate to the point it no longer meets the standards for a qualified historical property, the City shall either cancel the Agreement or bring any action in court necessary to enforce the Agreement including, but not limited to an action to enforce the Agreement by specific performance to cure, correct or remedy any breach of the terms of this Agreement, to recover damages for any breach, or to obtain any other remedy consistent with the purpose of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner specifying the alleged grounds for the default. Said notice shall be given by registered or certified mail addressed to the address stated in this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days from the receipt of the notice of violation, or within such reasonable time as may be required to cure the breach or default, provided that acts to cure, correct or remedy such breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion, then City may, without further notice, institute legal action.
500
6 Except as otherwise expressly stated in this Agreement, the rights and remedies of the City are cumulative, and the exercise by the City of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the Owner. Any failure or delay by the City in asserting any of its right and remedies as to a breach of any of the covenants, conditions or agreements set forth herein shall not operate as a waiver of such breach or of any such rights or remedies, or deprive the City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce such rights or remedies. A waiver by the City of a breach shall not be construed as a waiver of any succeeding breach of the same or other covenants, conditions or agreements set forth in this Agreement.
14. CANCELLATION. In lieu of bringing an action to enforce the Agreement City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property. City may also cancel this Agreement if it determines Owner has failed to rehabilitate the Historic Property in the manner specified in this Agreement.
15. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50285. Notice of the hearing shall be mailed to the last known address of each owner of property within 300 feet of the Historic Property and shall be published in accordance with Government Code Section 6061.
16. CANCELLATION FEE. If City cancels this Agreement in accordance with Section 15 above, Owner shall pay a cancellation fee of twelve and one-half percent (12-1/2%) of the current fair market value of the Historic Property at the time of cancellation. The current fair market value shall be determined by the County Assessor as though the Historic Property were free of the restriction on the Historic Property imposed pursuant to this Agreement. The cancellation fee shall be paid to the County Auditor at such time and in such manner as the County Auditor shall prescribe.
17. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties. Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.
City of Orange
Attn.: City Manager
Brannon & Ashley Means
300 E. Chapman Avenue 747 E. Palmdale Ave.
Orange, CA 92866 Orange, CA 92865
18. NO COMPENSATION. Owner shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner acknowledges and agrees that the 501
7 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 assessed value of the Historic Property on account of the restrictions on the use and preservation of the Historic Property.
19. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally 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 an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the Historic 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 this Agreement.
20. ACQUISITION OF PROPERTY BY EMINENT DOMAIN; CANCELLATION OF CONTRACT; INAPPLICABILITY TO DETERMINATION OF VALUE. In the event that the Historic Property is acquired in whole or 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 to frustrate the purpose of the Agreement, the Agreement shall be canceled and no fee shall be imposed under Section 17, above. The Agreement shall be deemed null and void for all purposes of determining the value of the Historic Property so acquired.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency, the restrictions on the use of the Historic Property included in this Agreement shall, without further agreement of the parties, be reinstituted and the terms of this Agreement shall continue in full force and effect.
21. EFFECT OF AGREEMENT. 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 hereto to be considered joint venturers or members of any joint enterprise.
22. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.
23. REQUIREMENTS RELATED TO TRANSFER OF HISTORIC PROPERTY. In the event of any sale, transfer, assignment or conveyance of the Historic Property (herein referred to as a “Transfer”), the Owner agrees that, at least thirty (30) days prior to such Transfer, it shall give written notice to the City of such proposed Transfer, including the name(s) of the transferee(s).
In addition, the Owner and the proposed transferee(s) shall enter into and deliver to the City through the escrow for the Transfer of the Historic Property an assignment and assumption agreement in a form satisfactory to the City's Attorney or such other evidence as may be satisfactory to the City that the transferee(s) has (have) assumed the Owner's obligations set forth in this Agreement. Upon the Transfer of the Historic Property and the assumption of the 502
8 obligations hereunder by the transferee(s), the Owner's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer.
24. RECORDATION. No later than six (6) months after the parties execute and enter into this Agreement, Owner shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Orange.
25. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto, except that the Director of Community Development is authorized to amend the list of required projects in Exhibit D.
26. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same agreement with the same effect as if all parties had signed the same signature page. Any signature page of this Agreement may be detached from any counterpart of this Agreement and re-attached to any other counterpart of this Agreement identical in form hereto but having attached to it one or more additional signature pages.
27. ADMINISTRATION. This Agreement shall be administered by the City’s Director of Community Development (or his/her designated representative) following approval of this Agreement by the City. The City shall maintain authority of this Agreement through the City’s Director of Community Development (or his/her authorized representative). The City’s Director of Community Development shall have the authority to issue interpretations, waive provisions and enter into amendments of this Agreement on behalf of the City so long as such actions do not change the uses permitted on the Historic Property or the purpose of this Agreement. Such amendments may include extensions of time or amendments to the projects specified in Exhibit D. All other waivers or amendments shall require the written approval and consent of the City Council.
[Remainder of page intentionally left blank; signatures on next page] 503
9 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement. “OWNER”
Dated: , 2024
Brannon Means
` ______________________________
Ashley Means
“CITY”
CITY OF ORANGE, a municipal corporation
Dated: , 2024 By:
Daniel R. Slater
Mayor
ATTEST: APPROVED AS TO FORM:
Pamela Coleman Mike Vigliotta
City Clerk City Attorney
504
10 ACKNOWLEDGEMENT
State of California
County of ____________
On before me, ,
a Notary Public in and for the State of California, 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 signature(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.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
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.
505
11 EXHIBIT “A”
LEGAL DESCRIPTION OF HISTORIC PROPERTY
REAL PROPERTY IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS:
LOT 55 OF TRACT NO. 3798, IN THE CITY OF ORANGE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, SHOWN ON A MAP THEREOF,
BOOK 140, PAGE 17 THROUGH 19 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY.
[APN 374-224-10]
506
12 EXHIBIT “B”
SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION
1. Every reasonable effort shall be made to provide a compatible use for a property, which requires a minimal alteration of the building structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to, any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
507
13 EXHIBIT “C”
CITY OF ORANGE HISTORIC PROPERTY
MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:
1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows.
2. Publicly visible storage of scrap lumber, junk, trash or debris.
3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.
4. Stagnant water or excavations, including pools or spas.
5. Any device, decoration, design, structure or vegetation that is unsightly by reason of its height, condition, or its inappropriate location.
508
EXHIBIT “D”
REHABILITATION/MAINTENANCE SCOPE OF WORK
747 E. Palmdale Avenue
Priority Description of Work Cost
Estimate
Completion
Date
1 Replace roof, both flat and
pitch, repair chimney $35,000.00 2026
2 Retain and repair as much
existing siding as possible
and replace in-kind where
too deteriorated. Use
replacement of siding to
better integrate the existing
addition.
$15,000.00 2028
3 Use historic documentation
for replacement garage
doors. Look into historic
documentation and
precedent to address the
trim, hardware, and base of
the front door.
$10,000.00 2030
4 Restore front doors to match
original configuration $3,000.00 2034
TOTAL REHABILITIATION $63,000
509
15 EXHIBIT “E”
HISTORIC PROPERTY INVENTORY FORM (DPR 523)
[Attached.]
510
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Date: T R 1/4 of 1/4 of Sec B.M.
d. UTM: mE/ mN
e. Other Locational Data:
P1. Other Identifier:
*P2. Location:
c. Address: 747 Zip: 92865
(Give more than one fr large and/or linear resourc
(Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boudnaries) ; ; ;
Zone '
and (P2b and P2c or P2d. Attach a location map as necessary.) - E PALMDALE City Orange
*P3a. Description:
*P3b. Resource Attributes: (List attributes and codes)
Reconnaissance
(Describe)
(Cite survey report and other sources, or enter "none.") *Attachments: Continuation Sheet(s) Building, Structure, and Object Record (Name, affiliation, and address
(View, date, accession #)
*P6. Date Constructed/ Age and Source:
R. Chattel
*P7. Owner and Address:
*P8: Recorded by:
*P10. Survey Type:
*P11. Report Citation:
Orange County Assesor Records. (2005).
Chattel Architecture. (2005). Historic Resources Survey.
AEGIS. (1991). Historic Building Inventory Update.
Heritage Orange County, Inc. (1982). Orange Historic Survey.
Orange Daily News
DPR 523A (1/95) *Required Information
*Resource Name or #: (Assigned by Recorder) PALMDALE_E_747__APN_374-224-10 *P9. Date Recorded:
January 2005
1964 c
Primary #
HRI #
Date:
NRHP Status Code 5B
Trinomial
Other Listings:
Review Code: Reviewer:
Orange County Historic Property Data File (HPD#)
*a. County: Orange
P5b. Description of Photo: 2005
Unristricted
3 *P4. Resources Present: Building Structure Object Site Element of District District Other (Isolates, etc.) Not for Publication
District Record
Photograph Record
Location Map
Artifact Record
Archaeological Record
NONE
Linear Feature Record Milling Station Recor Rock Art Record Other (List):
Materials:
AV
Chattel Architecture
13417 Ventura Blvd.
Sherman Oaks, CA 91423
Historic Prehistoric Both
Model SM-214: This model is one-story, post-and-beam construction, divided into three segments. The segments at either end of the façade have flat roofs with no eave overhang and contain a 2-bay garage and a pair of floor-to-ceiling, frosted glass, narrow, wood frame windows with no grids. The center segment has a *b. USGS 7.5' Quad:
511
Status change since previous survey: Not previously surveyed.
Fairmeadow Tract
B1. Historic Name: Unknown
B3. Original Use: B4. Present Use: RES
*B5. Architectural Style: California mid-century modern B2. Common Name:
*B6. Construction History: (Construction date, atlerations, and date of alterations) Date of Construction: 1964 *B9. Architect or Builder: Claude Oakland
Period of Significance: Eichler tract (c. 1959 - 1965)
*B10. Significance: Property Type: Building
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) *B8. Related Features:
*B7. Moved? Date: Original Location:
Theme: Architecture Area: City of Orange
Site Integrity:
Structural Integrity: Excellent
(List attributes and codes)
*Date of Evaluation: January 2005
B11. Additional Resource Attributes:
(This space reserved for official comments.)
*B14. Evaluator: R. Chattel
B13. Remarks:
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
DPR 523B (1/95) *Required Information
*B12. References:
Orange County Assesor Records.
Chattel Architecture. (2005). Historic Resources Survey.
AEGIS. (1991). Historic Building Inventory Update.
Heritage Orange County, Inc.(1982). Orange Historic Survey.
Orange Daily News.
*NRHP Status Code: 5B
(Sketch Map with North arrow required.)
Opportunities:
Level of Alteration: Low.
Primary #
HRI #
Applicable Criteria:
c
No Yes Unknown