Recording Request By
City of San Marino
Community Development Department
WHEN RECORDED MAIL TO
NAME City of San Marino
City Clerk
MAILING 2200 Huntington Drive,
ADDRESS
CITY, STATE San Marino, CA 91108
ZIP CODE
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE
Notice of Historic Designation
and
Designation Statement for
MILLS ACT CONTRACT
Cecelia and Michael Grace
Name
ATTACHMENTS
Exhibit A: Pursuant to Page 2, Recitals (ii), a legal description of the referenced property is attached hereto as Exhibit A
Exhibit B: Pursuant to California Public Resources Code Section 5029 and Article 18 of Chapter 23 of the San Marino Municipal Code, hereto is attached Exhibit B, a resolution passed and adopted by the San Marino City Council on establishing the referenced property as a San Marino Historic Landmark on behalf of the current owner(s):
Cecelia and Michael Grace
Exhibit C: Pursuant to Page 3, (6) Preservation of Property, Standards and Conditions are attached hereto as Exhibit C and incorporated herein by this reference.
Exhibit D: Secretary of the Interior Standards for Historic Preservation
CITY OF SAN MARINO
MILLS ACT AGREEMENT
HISTORICAL PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered into this by and between the CITY OF SAN MARINO, a municipal corporation (hereinafter referred to as “City”), and Cecelia and Michael Grace (hereinafter referred to as “Owner”).
RECITALS
(i) California Government Code Section 50280, et seq. authorizes cities to enter into contracts with the owners of a qualified historical property to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, located at the street address 708 Winston Avenue, San Marino, California, (hereinafter referred to as the ”Historic Property”). A legal description of the Historic Property is attached hereto, marked as Exhibit A and is incorporated herein by this reference; (iii) On October 9, 2024, the City Council of the City of San Marino adopted its Resolution No. R-27-27(attached and incorporated by reference as Exhibit “B”) thereby declaring and designating the Historic Property as a landmark pursuant to the terms and provisions of Section 23.18.05 of the San Marino Municipal Code. (iv) City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property, and to qualify the Historic Property for an assessment of valuation pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions contained herein, do hereby agree as follows:
1. EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on and shall remain in effect for a term of ten (10) years thereafter.
2. AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added automatically to the term of this Agreement, unless timely notice of non-renewal is given as provided in paragraph 3 of this Agreement.
3. NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this Agreement, that party shall serve written notice of non-renewal in advance of the annual renewal date of this Agreement as follows: Owner must serve written notice of non-renewal at least ninety (90) days prior to the annual renewal date; City must serve written notice of the non-renewal at least sixty (60) days prior to the annual renewal date. Upon receipt by Owner of a notice of non-renewal from the City, Owner may file a written protest with the City. At any time prior to the annual renewal date, City may withdraw its notice of non-renewal.
4. EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely notice to the other party of non-renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
5. VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to seek assessment of valuation of the Historic Property pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.
6. PRESERVATION OF PROPERTY. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto marked as Exhibit C, and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. In addition, Owner shall comply with the terms of the City’s Historic Preservation Ordinance (San Marino Municipal Code, Chapter 23.18), requiring owner to maintain the Historic Property in a good state of repair and shall obtain any applicable permits to restore the Historic Property to maintain its historic and cultural significance.
7. RESTORATION OF PROPERTY. Owner shall, where necessary, restore and 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 United States Secretary of the Interior’s Standards for Rehabilitation; the State Historical Building Code, and the City of San Marino Municipal Code.
8. INSPECTIONS. Owner shall allow for an inspection of the interior and exterior of the Historic Property by the City, prior to a new agreement, and every five years thereafter, to determine Owner’s compliance with the terms and provisions of this Agreement.
9. PROVISION OF INFORMATION. Owner shall furnish the City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement.
10. CANCELLATION. City, following a duly noticed public hearing as set forth in California Government Code Section 50280, et seq., may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of the 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 restore or rehabilitate the Historic Property in the manner specified in paragraph 7 of this Agreement. City’s right to cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights or legal remedies arising from City’s Historic Preservation Ordinance and Municipal Code.
11. CANCELLATION FEE. In the event of cancellation, Owner shall be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq, described herein. Upon cancellation, Owner shall pay a cancellation fee equal to twelve and one-half percent (12½ %) of the current fair market value of the property as determined by the County Assessor as though the Historic Property were free of the contractual restriction pursuant to this Agreement. The Owner shall pay the cancellation fee to the County Auditor in the time and manner prescribed by the County Auditor.
12. ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement.
13. WAIVER. City does not waive any claim or default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No wavier by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
14. BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to the covenants, reservations and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property.
Each and every contract, deed or other instrument hereinafter executed, governing or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historic characteristics and significance of the Historic Property for the benefit of the public and Owner.
15. NOTICE. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below, by personal delivery or United States mail, postage prepaid, addressed as follows:
City: City of San Marino
Community Development Department
2200 Huntington Drive
San Marino, CA 91108
Owner: Cecelia and Michael Grace
708 Winston Avenue
San Marino, CA 91108
16. 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 them to be considered joint ventures or members of any joint enterprise.
17. INDEMNITY OF CITY. Owner agrees to protect, defend, indemnify, and shall hold City and its elected officials, officers, agents, and employees harmless from liability for claims, loss, proceedings, damages, causes of action, liability, costs or expense, including reasonable attorney’s fees in connection with damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of such Owner or those of Owner’s contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the use, operation and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner’s activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property.
18. BINDING UPON SUCCESSORS. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.
19. LEGAL COSTS. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
20. SEVERABILITY. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
21. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws of the State of California.
22. EMINENT DOMAIN PROCEDURES. Upon the filing of an action in eminent domain by a public agency for the condemnation of the fee title of any land described herein or of less than fee interest which will present the portion of land condemned or other land or a portion of it which is the subject of this Agreement from being used for any authorized use, or upon the acquisition in lieu of eminent domain by a public agency for a public improvement, the portions of this Agreement by which Owner agrees to preserve and to restrict the use of property described herein shall be null and void upon such filing as to the portion of the land condemned or acquired and to the additional land the use of which for an authorized purpose will be prevented as a result of condemnation or acquisition.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency as to all or a portion of the land subject to this Agreement, the restrictions on the use of the property included in this Agreement shall, without further agreement of the parties, be re-instituted and the terms of this Agreement shall be in full force and effect.
23. RECORDATION. No later than thirty (30) days after the parties execute this Agreement, the Agreement shall be recorded in the Office of the County Recorder of the County of Los Angeles.
24. AMENDMENTS. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.
25. NOTICE TO OFFICE OF HISTORIC PRESERVATION. The owner or owner’s agent is required to provide written notice of this agreement to the State Office of Historic Preservation within six months of entering into the contract.
26. The Rehabilitation/Restoration/Maintenance Work Plan for the property is a part of the Mills Act application and has been incorporated into the proposed Mills Act contract and memorializes the obligations of the property owner to rehabilitate, restore, and maintain certain aspects of the property, and the City’s ability to inspect and verify that those obligations are being fulfilled during the term of each agreement.
IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above.
CITY OF SAN MARINO BY:
Steven W. Huang, DDS, Mayor
City of San Marino
ATTEST: APPROVED AS TO FORM:
Alison Walker, City Clerk
City of San Marino
Joe Montes, City Attorney
City of San Marino
OWNERS
BY:
Dated _______________
, Owner
Dated _______________
, Owner
Note: City and Owner(s) signatures must be notarized by a Notary Public.
Exhibit A
Legal Description
Address 708 Winston Avenue
APN # 5331-008-020
Legal Description
Lots 55 and 56 and the Westerly 12 feet of Lot 92 of Tract No. 9884, in the City of San Marino, County of Los Angeles, State of California, as per map recorded in Book 155 Pages 49 and 50 of Maps, in the office of the County Recorder of said County.
Exhibit B
RESOLUTION NO. R-24-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARINO,
CALIFORNIA, APPROVING A MILLS ACT CONTRACT FOR THE EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 708 WINSTON AVENUE, ASSESSOR PARCEL NUMBER 5331-008-020, CITY OF SAN MARINO
WHEREAS, on April 10, 2024, an application to be considered for a Mills Act Contract was duly filed by Cecelia and Michael Grace (Applicants), for the Property located at 708 Winston Avenue, San Marino, CA, 91108 (the Property), WHEREAS, the Property is Zoned R-1 Single-Family Residential (Area District V) and WHEREAS, the Property in question is legally described as follows:
LOT 55 AND 56 OF TRACT NO. 9884, IN THE CITY OF SAN MARINO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.
WHEREAS, a public hearing to consider said application was set and held before the Planning Commission on August 28, 2024, at the hour of 6:00 p.m., and relevant testimony, evidence, and comments have been made a part of the record; and WHEREAS, on August 28, 2024, during said public hearing, the Planning Commission deliberated the merits of the Project and motioned to recommend approval of a Mills Act request to the City Council; and
WHEREAS, on October 9, 2024, during said public hearing, the City Council of the City of San Marino deliberated the merits of the project, and motion to approve City Council Resolution No. R 24-27; and
WHEREAS, the proposed project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines, Article 19, Section 15331 (Historical Resource Restoration/Rehabilitation).
NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF SAN MARINO does hereby find, determine and declare:
SECTION 1. All of the above recitals are true and correct and are incorporated herein as part of this decision by this reference.
SECTION 2. Pursuant to the California Environmental Quality Act (“CEQA”) and the City's local CEQA Guidelines, this application is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Article 19, Section 15331 (Historical Resource Restoration/Rehabilitation).
SECTION 3. The City Council hereby approves the Mills Act contract for 708 Winston Avenue.
CERTIFICATION
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED on this 9th day of October, 2024.
STEVEN W. HUANG, DDS, MAYOR
ATTEST:
ALISON WALKER
CITY CLERK
EXHIBITS
A. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, ALISON WALKER, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-24-27 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 9th day of October, 2024, and that the same was adopted by the following vote :
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________
ALISON WALKER
CITY CLERK
1 Exhibit C
Mills Act Contract Conditions
STANDARDS AND CONDITIONS
708 Winston Avenue
During the term of this Agreement, the Historic Property shall be subject to the following conditions:
See Attached Mills Act Application and Work Plan
2 Exhibit D
Secretary of the Interior Standards for Historic Preservation Standards for Rehabilitation
The Standards will be applied taking into consideration the economic and technical feasibility of each project.
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place and use.
Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.
Replacement of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
Rehabilitation as a treatment
When repair and replacement of deteriorated features are necessary; when alterations or additions to the property are planned for a new or continued use; and when its depiction at a particular period of time is not appropriate, Rehabilitation may be considered as a treatment.