AGENDA ITEM: 2-A
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Cultural Heritage Subcommittee (CHSC)
Meeting Date: October 26, 2022
PLANNER: David Carrillo, Assistant Planner
SUBJECT: Historic Property Preservation Agreement (HPPA) 22-297, 212 Rosa HPPA, a request for a Mills Act agreement between the City and the owners of a historic private residence at 212 Avenida Rosa.
BACKGROUND:
Site Data
The site is a 4,000 square-foot lot and was developed in 1928 with a two-story, single-family residence, and a one-story detached garage. The single-family home was then converted into a duplex in 1928. Refer to Attachment 7 for the site’s permit history. The architect was Virgil Westbrook, and the builders were Musch and Sullivan. For information on the historical significance of the property, please refer to the 1995 and 2006 State Department of Parks and Recreation (DPR) Survey Forms, provided as Attachment 1. The site is in the Residential Medium Zoning District and Coastal Zone Overlay Zone (RM-CZ). Refer to Attachment 2 for a location map.
Mills Act
Enacted in 1972, the Mills Act legislation grants participating local governments the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief.
In San Clemente, a “qualified” property is any property on the City’s designated list of historic structures. See Attachment 3 for additional Mills Act details. Mills Act participants may realize substantial property tax savings of between 40% and 70% each year. The estimated annual tax savings for the subject property would be $5,407 per year based on comparisons with similarly sized properties with recently approved HPPA contracts. The contract carries a minimum ten-year commitment. Either party may choose to end the automatic annual renewal of the contract; however, there is a significant financial penalty to the property owner if the City cancels the contract due to noncompliance with the terms.
Why is DRSC Review Required?
The Design Review Subcommittee (DRSC) serves as the Cultural Heritage Subcommittee (CHSC) for review of Historic Property Preservation Agreements. The Subcommittee shall consider the proposed list of improvements, may make recommendations for amendments to said list, and shall make a recommendation to the City Council regarding approval or denial of the Agreement together with the proposed list of improvements.
HPPA 22-297, 212 Avenida Rosa Page 2
ANALYSIS:
Site Visit & Proposed Work List
Planning staff and the City’s historic preservation consultant, GPA Consulting (GPA), conducted a site visit of the property on September 23, 2022. The purpose of the site visit was to evaluate the condition of the historic resource and determine if any improvements are necessary to preserve the historic resource. Based on the site visit, staff and GPA developed a list of prioritized work, provided as Attachment 4, for the rehabilitation and maintenance of the property. Staff recommends requiring these improvements as conditions of the HPPA to help protect, preserve, and enhance the historic resource. The list is ordered by priority level of the restoration task. The proposed completion dates attempt to divide the work by related tasks and are separated to spread out the expenses over the preliminary ten years of the contract timeline. An annotated version of the work list is provided as Attachment 5.
Please note that the approval of the HPPA does not constitute a permit for individual work list items. The property owner would need to apply for the appropriate permits at the time that work is proposed. For instance, a window change out will require a Staff Waiver of a Minor Cultural Heritage Permit. The property owner would need to provide relevant information on the proposed style of window replacement, consistent with the HPPA requirements, at that time. Attachment 6 details the Secretary of the Interior’s Standards for the Rehabilitation of Historic Properties. These guidelines are incorporated into the HPPA contract, and all future repairs and improvements – whether delineated in this work list or otherwise – must be consistent with these guidelines.
RECOMMENDATION
The recommended rehabilitation and maintenance tasks will restore the historic house and be architecturally compatible with the existing development. Staff seeks DRSC concurrence with the recommended work list and timeline (Attachment 4) for the subject property.
Following DRSC review, staff will schedule the HPPA for a City Council hearing in December. It is staff’s goal to have the contract recorded prior to December 31, 2022 so the County can assess the property in 2023 based on the Mills Act restricted valuation of the property.
Attachments:
1. 1995 and 2006 DPR Survey Forms
2. Location Map
3. Mills Act Background Information
4. Recommended List of Prioritized Work
5. Annotated Photographs of Proposed Improvement Timeline
6. Secretary of the Interior’s Standards
7. Building Permit History
8. Site Photographs