14-0916_CRESS, CHAD & KATIE_D8_Agenda ReportTO:
FROM:
DATE:
SUBJECT:
City of San Juan Capistrano
Agenda Report
Karen P. Brust, City Manage
Charlie View, Development Services Direct~1,/
Prepared by: Nick Taylor, Associate PlanneV'<
September 16, 2014
9/16/2014
DB
Consideration of Mills Act Contract (MAC) 14-001, Father O'Sullivan
House; a Request for Approval of a Mills Act Contract for Property
Located in the Mission Hill-Mission Flats Neighborhood at 31442 El
Camino Real (Chad & Katie Cress)
RECOMMENDATION:
By motion, approve a Mills Act Contract with the property owner for the maintenance
and preservation of the Father O'Sullivan House and property located at 31442 El
Camino Real and more precisely referred to as Assessor Parcel Number (APN) 124-
202-28.
EXECUTIVE SUMMARY:
California Government Code Section 50280 ("Mills Act") authorizes the City to enter into
contracts with property owners to provide incentives for historic preservation of qualified
historic properties. The previous owners requested that the City enter into a Mills Act
Contract for the subject property (Attachment 1 ). Subsequently the property was
purchased by Chad and Katie Cress; they have continued to pursue the Mills Act
Contract (Attachment 2). The property is part of the Mission Hill-Mission Flats
Neighborhood and is listed on the City's Buildings of Distinction List (Attachment 3). The
ten (10) year contract includes provisions that require appropriate use and on-going
maintenance while preserving the historic integrity and character-defining features of
the house and property. As an incentive to enter into the contract, the Mills Act allows
the County Tax Assessor to assess the value of the property using a formula which can
result in lower property taxes, typically a 15% to 60% reduction according to the County
Assessor's office. The Cultural Heritage Commission has reviewed the request and
recommended approval.
City Council Agenda Report
September 16, 2014
Page 2 of 3
DISCUSSION/ANALYSIS:
The Mills Act is a tax incentive developed by Senator John Mills of the State legislature
in 1972 as a method to give property owners incentives to preserve their designated
historic property. The incentive provides for a potential reduction of the property taxes
paid by the property owner. The Act also provides the legislature with a means to
document the property and secure the condition of the property for a minimum of ten
(1 0) years by working with local government. The governing jurisdiction, in this case the
City, reviews the applications, verifies the property condition and executes the contract,
which is then recorded with the County. The assessments which result from the contract
are completely the responsibility of the County Tax Assessor's office. The City has
previously entered into several Mills Act Contracts with private property owners and
typically inspects these properties annually.
A 2006 evaluation of the Mission Hills-Mission Flat area by the then-Historic
Preservation Manager determined that the subject house was constructed in 1929, was
representative of the Craftsman style of architecture prevalent at that time, and includes
a detached garage, with matching architectural style and materials, likely to have been
built at the same time (Attachment 4). Furthermore, the street-facing fagade had
retained essentially all of its integrity and the only change had been the addition of the
accessory arbor and gate (Attachment 5). Should the City Council approve the
amendment to add the house to the Inventory of Historical and Cultural Landmarks
(IHCL) (under separate agenda report), the property would be eligible for approval of
the Mills Act Contract. Therefore, approval of the Mills Act Contract is contingent upon
the property being listed on the Inventory of Historic and Cultural Landmarks.
FISCAL IMPACT:
The Orange County Assessor's Office, which is responsible for assessing all real
property, has advised City staff that the Mills Act typically can reduce property taxes
paid by the property owner by 15% to 60%. The City presently receives about eleven
and one-half (11 Yz%) of property tax revenue that is collected by the County. Based on
the Assessor's property value and tax information for the current year for this property,
the Mills Act Contract on the subject property would result in an estimated reduction of
annual property tax revenue to the City of $39 to $156.
Though there is not an applicable fee in the City's Schedule of Fees and Charges, staff
has determined that the owner's request for approval of a Mills Act Contract for
preservation of the property is consistent with the purpose and intent of City Council
Policy 603, Historic Preservation Fee Waiver (Attachment 6). Therefore, staff time to
process the request, estimated to be about 8 hours totaling $474.40, has been charged
to the General Fund.
City Council Agenda Report
September 16, 2014
Page 3 of 3
ENVIRONMENTAL IMPACT:
The proposed project is exempt from review under the California Environmental Quality
Act (CEQA).
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
On June 24, 2014, the Cultural Heritage Commission unanimously approved a motion
forvVarding this project to the City Council with a favorable recommendation.
NOTIFICATION:
Chad Cress
ATTACHMENTS:
Attachment 1 -Draft Mills Act Contract, Father 0' Sullivan House
Attachment 2-Letter, Chad & Katie Cress, August 25, 2014
Attachment 3-Buildings of Distinction List
Attachment 4-DPR Form 523, Father O'Sullivan House
Attachment 5-Applicant Submittal, May 9, 2014
Attachment 6 -City Council Policy 603, Historic Preservation Fee Waiver
RECORDING REQUESTED BY:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, California 92675
AND WHEN RECORDED, MAIL TO:
Maria Morris, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
City of San Juan Capistrano
This Space for Recorder's Use Only
Historic Property Preservation Agreement-Mills Act Contract
· Chad & Katie Cress
Assessor Parcel Number (APN) 124-202-28
Page 1 of 8 ATTACHMENT 1
HISTORIC PROPERTY PRESERVATION AGREEMENT
MILLS ACT CONTRACT
AN AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND CHAD &
KATIE CRESS, OWNERS OF A DESIGNATED HISTORIC STRUCTURE AT 31442
EL CAMINO REAL, SAN JUAN CAPISTRANO, CALIFORNIA.
THIS AGREEMENT (the "Agreement") is made and entered into this __
day of September, 2014 ("Effective Date"), by and between the City of San Juan
Capistrano (hereinafter referred to as the "City") and Chad & Katie Cress (hereinafter
referred to coliective!y as "Owner").
RECITALS
WHEREAS, the City of San Juan Capistrano City Council is authorized by
California Government Code Section 50280 et seq. (known as "the Mills Act") to enter
into contracts with the owners of qualified historic properties to provide for the
appropriate use, maintenance, and rehabilitation so that such properties retain their
historic characteristics; and,
WHEREAS, the Owner possesses fee title in and to certain qualified
historical property, together with associated structures and improvements thereon,
located at 31442 El Camino Real, Assessor's Parcel Number 124-202-28, San Juan
Capistrano, California 92675, also described as the Father O'Sullivan House
(hereinafter referred to as "Historic Landmark Property"); and,
WHEREAS, the Historic Landmark Property was officially designated as a
Historic Landmark Property on the Inventory of Historic and Cultural Landmarks of the
City of San Juan Capistrano, subject to subsequent amendments, pursuant to the
Section 2-2.303 of the San Juan Capistrano Municipal Code (Cultural Heritage
Commission Duties), and City Council Policy 601; and,
WHEREAS, the City and Owner, for their mutual benefit, now desire to
! enter into this Agreement to limit the use of the Historic Landmark Property to prevent
i inappropriate alterations and ensure that structures and site features are preserved and 1--------------___ ma iQi~Jil~_fL~C!n<:l Jg_c;~rr:y_Q_L!Lth~ pyrpos~s_ ofQg!lfgmifl Gc>Y~rnm~nLC9<:1~. __ Qh_C!PJ~r __ 1,__ ___ ___ _ _______ _
-Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an
assessment of valuation pursuant to Article 1.9, Sec. 439 et seq., Chapter 3, Part 2 of
Division 1 of the California Revenue and Taxation Code.
NOW THEREFORE, the City and the Owner of the Historic Landmark
Property agree as follows:
Section 1. Effective Date and Term of Agreement. This Agreement shall be effective
and commence on the Effective Date of this Agreement, and shall remain
Page 2 of 8
in effect for a term of ten ( 1 0) years thereafter. Each year upon the
anniversary of the Effective Date, such initial term will automatically be
extended as provided in California Government Code Section 50280
through 50290 and in Section 2, below.
Section 2. Renewal.
A. Each year on the anniversary of the Effective Date of this Agreement (the
"Annual Renewal Date"), a year shall automatically be added to the initial
term of the Agreement unless written notice of non-renewal is served as
provided herein and as provided in Government Code Section 50280, as
amended from time to time.
B. If the Owner or the City desires in any year not to renew the Agreement,
the Owner or the City shall serve written notice of non-renewal of the
Agreement on the other party. Unless such notice is served by the Owner
on the City at least ninety (90) days prior to the Annual Renewal Date, or
served by the City on the Owner at least sixty (60) days prior to the Annual
Renewal Date, one (1) year shall automatically be added to the term of the
Agreement as provided herein.
C. The Owner may make a written protest of the City's notice of non-renewal.
The City may, at any time prior to the Annual Renewal Date of the
Agreement, withdraw its notice to Owner of non-renewal.
D. If either the City or Owner serve notice to the other 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.
Section 3. Standards and Conditions.
A. Owner shall preserve, maintain, and, where necessary, restore or
rehabilitate the Historic Landmark Property and its character-defining
features, including without limitation, the general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and
other openings, textures, details, mass, roof line, porch and other aspects
of the appearance of the exterior of the Historic Landmark Property to the
j--------------------------~---------~:=nr!'~-t:1c~trAin-Gity and-to-conform--to--the rulesand--regulations-of the-------------
Office of Historic Preservation of the Department of Parks and Recreation,
the United States Secretary of the Interior's Standards for Rehabilitation,
and the State Historical Building Code. In addition, Owner shall modify the
existing arbor and gate to be a height equal to the existing fence, and shall
obtain applicable permits to do so.
B. Any physical changes shall comply with applicable City Land Use Code
standards, and the rules and regulations of the Office of Historic
Preservation of the Department of Parks and Recreation, the United
Page 3 of 8
States Secretary of the Interior's Standards for Rehabilitation, and the
State Historical Building Code.
C. The Owner of the Historic Landmark Property shall secure Development
Services Department approval for any exterior changes prior to their
execution, such as major landscaping projects, exterior door replacement
or exterior alterations, regardless of whether a building permit is required.
D. Demolition of any structure; completing exterior alterations or additions not
in keeping with the standards listed above; allowing dilapidated,
deteriorating or damaged structures such as fences, roofs, doors, walls
and windows; storage of scrap lumber, junk, trash, debris, discarded or
unused objects, or similar items is hereby prohibited.
E. Owner shall allow an inspection of the interior and exterior of the Historic
Landmark Property by representatives of the County Assessor and the
City, prior to the Effective Date of this Agreement and every five (5) years
thereafter to determine the Owners' compliance with the terms and
provisions of this Agreement.
F. Owner hereby agrees that the Historic Landmark Property shall continue
to be included on the City's Inventory of Historical and Cultural Landmarks
(IHCL) and furthermore, understands that any physical alternations to the
Historic Landmark Property or the exterior of the house require the Owner
to submit and secure approval of a Site Plan Review (SPR) application by
the Cultural Heritage Commission.
Section 4. Furnishing Information. The Owner hereby agrees to furnish the City with
any and all information requested by the City which may be necessary or
advisable to determine compliance with the terms and provisions of this
Agreement.
Section 5. Cancellation.
A The City, following a duly-noticed public hearing by the City Council as set
forth in Government Code Section 50285, may cancel this Agreement if it
determines that the Owner has breached any of the conditions of this
Agreement or has allowed the Historic Landmark Property to deteriorate to
-···--···----··-·-·----------1fho that it no-longer meets the standards-fora qaalified historical-----·
property, .or if the City determines that the Owner has failed to preserve,
restore or rehabilitate the Historic Landmark Property in the manner
specified in Section 3 of this Agreement. If a contract is canceled because
of failure of the Owner to preserve, maintain, and rehabilitate the Historic
Landmark Property as specified above, the Owner shall pay a cancellation
fee to the State Controller as set forth in Government Code Section
50286, which states that the fee shall be 12Y2% of the full value of the
Historic Landmark Property at the time of cancellation without regard to
any restriction imposed with this Agreement.
Page 4 of 8
Section 6. Enforcement of Agreement.
A. In lieu of and/or in addition to any provisions to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach
of, the terms of the Agreement. In the event of a default, the City shall
give written notice to the Owner by registered or certified mail addressed
to the address stated in this Agreement, and if such violation is not
corrected to the reasonable satisfaction of the City within thirty (30) days
thereafter, or if not corrected within such a reasonable time as may be
required to cure the breach or default of said breach, or default cannot be
cured within thirty (30) days, provided that acts to cure the breach or
default may be commenced within thirty (30) days and shall thereafter be
diligently pursued to completion by the Owner, then the City may, without
further notice, declare a default under the terms of this Agreement and
may bring any action necessary to specifically enforce the obligations of
the Owner growing out of the terms of this Agreement, apply to any court,
state or federal, for injunctive relief against any violation by the Owner or
apply for such relief against any violation by the Owner as may be
appropriate.
B. The City does not waive any claim of default by the Owner if the 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 the
City's regulations governing Historic Landmark Properties are available to
the City to pursue in the event that there is a breach of this Agreement.
No waiver by the 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.
Section 7. Binding Effect of Agreement. The Owner hereby subjects the Historic
landmark Property to the covenants, reservations, and restrictions as set
forth in this Agreement. The 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 the Owner's successors and assigns in title or interest to the
Historic Landmark Property. Every contract, deed, or other instrument
hereinafter executed, delivered, and accepted shall be subject to the
----,r-n\:T~:>n-:::rnlt~-----ro·~-t:>rn~t·inni~ -and restrictions--expressed-in this-Agreement ___ -
regardless of whether such covenants, restrictions, and reservations are
set forth in such contract, deed, or other instrument.
Section 8. Notice. Any notice required by the terms of this Agreement shall be sent
to the address of the respective parties as specified below or at other
addresses that may be later specified by the parties hereto.
Page 5 of 8
To City: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, California 92675
To Owner: Chad & Katie Cress
31442 El Camino Real
San Juan Capistrano, CA 92675
Section 9. General Provisions.
A. 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.
B. The Owner agrees to and shall hold the City and its elected and appointed
officials, officers, agents, and employees harmless from liability for
damage or claims for damage for personal injuries, including death, and
claims for property damage which may arise from the direct or indirect use
or operations of the Owner or those of their contractor, subcontractor,
agent, employee or other person acting on their behalf which relates to the
use, operation, and maintenance of the Historic Landmark Property. The
Owner hereby agrees to and shall defend the City and its elected and
appointed 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 the Owner's activities in connection with the Historic
Landmark Property.
C. This hold harmless prOVISIOn applies to all damages and claims for
damages suffered, or alleged to have been suffered, and costs of defense
incurred, 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 Landmark
Property.
D. All of the agreements, rights, covenants, reservations, and restrictions
contained in this Agreement shall be binding upon and shall inure to the
benefit of the parties herein, their heirs, successors, legal representatives,
··~assigns;~anu all pers~ons· acquiring any part orportion·~ot the Historic---~·····-~·~
Landmark Property, whether by operation of law or in any manner ·
whatsoever.
E. 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 the court
costs and other relief ordered by the court.
Page 6 of 8
F. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by
subsequent preemptive legislation, the validity and enforceability of the
remaining provisions, or portions thereof, shall not be effected thereby.
G. This Agreement shall be construed and governed in accordance with the
laws of the State of California.
Section 10. Recordation. No later than twenty (20) days after the parties execute and
enter into this Agreement, the City shall cause this Agreement to be
recorded in the office of the County Recorder of the County of Orange.
IN WITNESS WHEREOF, the City and Owner have executed this
Agreement on the day and year first written above.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Hans Van Ugten, City Attorney
CITY OF SAN JUAN CAPISTRANO
By: __ ~-----------------------Sam Allevato, Mayor
By:--\:-:::;>a~~-· -=-
Chad Cress, Owner
By: ---><i!a--=<CWsf~---"='~~~-
Katie Cress, Owner
Page 7 of 8
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Oraqg e
On &gvst 237 zon before me, Lj an (Hereinsertnamean titl
personally appeared Ira ric Cre ~ and Chad Cre: L l
c
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/sheLthey..executed the same in his/her/their authorized
capacity(ies), and that by his/her/:thcir 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.
(Notary Seal)
LIZ KARACUSCHANSKY
Commission # 2001848
Notary Public -California ~
Orange County ~
,.,M! ~oT"l· ;xEir!s ;a2 L\n1~(
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Number of Pages __ Document Date ____ _
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
0 Individual (s)
0 Corporate Officer
(Title)
0 Partner(s)
0 Attorney-in-Fact
0 Trustee(s)
0 Other ___________ _
2008 Version CAPA vl2.l0.07 800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
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.·
To Whom it May Concern,
Katie and I bought the house (31442 El Camino Real) from Jorge and Estela Puelma and while
in escrow attended the Cultural Heritage meeting understanding that the house would change
ownership either before or after the listing of the house on the IHCL and Mills Act. We closed on
July 1 and have completely moved in. Now that we officially own the house, we would like to
continue this process as it was our intent from the beginning to pursue this. We look forward to
working with the city to list the house.
Best,
Chad and Katie Cress
Page 1 of 1
AUG~2-:rzm4
PLANNING DEPT.
ATTACHMENT 2
BUILDINGS AND SITES OF DISTINCTION
City of San Juan Capistrano, California
The Buildings and Sites of Distinction list (BOD), created between 1977 and 1987, serves as a list
of structures and sites which are potentially eligible for inclusion on the City's "Inventory of Historic
and Cultural Landmarks" when they meet all listing criteria and/or have property owner concurrence
to be added to the Inventory. The BOD is an honorary designation and imposes no restrictions nor
conveys any benefits (refer to the October 27, 1987 Cultural Heritage Commission Agenda Item on
the "Buildings of Distinction"). However, proposed development projects on these sites may need to
address additional issues under the California Environmental Quality Act.
Name Address
RESIDENTIAL
1910-20
Guy Williams/ Bathgate 29931 Camino Capistrano
House
1920-30
Oyharzabai-Meeker House 31362 Andres Pico Road
Herlihy-Presbyterian Manse 31392 Don Juan Avenue
Fetterman-Esslinger House 31372 Guadalupe Street
Fred Stroschein House 31402 Don Juan Avenue
Joaquin Errecarte House 31471 La Matanza Street
Ada Forster House 31292 Ysidora Street
Mission Hill Neighborhood part of Tract 808, Mission
Hill Subdivision
Mission Flats Neighborhood part of Tract 808, Mission
Hill subdivision
1930-40
Echenique Bunkhouse 28012 San Juan Creek
Road
Ferris Kelly House 31460 El Camino Real
Troubleman's Cottage 31671 Lobo Street
Updated by the Cultural Heritage Commission
June 2008
Assessor Parcel Number
121-050-02
124-201-11
124-202-22
124-201-17
124-202-24
124-203-06
124-201-14
124-190-06, & 20; 124-201-
11, 14; 124-202-13,22,23,
24, 28, 30.
124-203-04, 05, 06, 22; 124-
211-12, 27; 124-212-09, 19,
22, 23, 29, 30, & 36.
664-082-04
124-202-30
121-142-12
page 1 of2
ATTACHMENT 3
BUILDINGS AND SITES OF DISTINCTION
City of San Juan Capistrano, California
1940-55
Scout Hut 31372 La Matanza Street
Gates House 31382 La Matanza Street
Lucana Forster lsch House 31415 El Horno Street
COMMERCIAL
1910-20
San Diego Gas & Electric 31 050 Camino Capistrano
Building
"Ice House"-Decorative Arts 31531 Camino Capistrano
Center
1920-30
Proctor-Stafford Building 31802 Camino Capistrano
Provincial Building 31815 Camino Capistrano
Yorba House-Decorative 31431 Camino Capistrano
Arts Center
1930-40
Mexico Lindo-Vaquero West 26755 Verdugo Street
OTHER
Community Christian Church 31612 El Camino Real
Capistrano Union High Located on the Colinas
School "C" Ridge
San Juan Capistrano Public 31495 El Camino Real
Library
John Lautner Building 34000 Via de Agua
Rancho Capistrano 29251 Camino Capistrano
Updated by the Cultural Heritage Commission
June 2008
124-212-30
124-212-29
124-202-23
649-052-03
121-130-06
124-160-20
121-150-11
121-130-03
121-141-11
124-170-11
n.a.
124-190-21
675-034-05
637-082-71
page 2 of2
State of California-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary# ______ _
HRI#
Trinomial
NRHP Status Code 7
Other Listings ________ Review Code Reviewer Teri Delcamp/Nick Taylor Date October 2006 & June 2014
Page _1_ of _l__ *Resource Name or#: (Assigned by recorder) Father O'Sullivan House
Pl. Other Identifier:
*P2. Location: 0 Not for Publication Unrestricted
*a. County Orange and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.)
*b. USGS 7.5' Quad __ Date T _; R _; _ 114 of_ 114 of Sec_; _B.M.
c. Address 31442 El Camino Real City San Juan Capistrano Zip 92675
d. UTM: (Give more than one for large and/or linear resources) Zone_,_ mE/ __ mN
e. Other Locational Data: (e.g., parcel#, directions to resource, elevation, etc., as appropriate)
APN 124-202-28; Lot 11, Block 5, Tract 808
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and
boundaries) The house consists of a single story, vernacular Craftsman style house comprising 956 square feet. The house has two
bedrooms and one bath. Exhibiting a simple fa<;ade, the house has a side gabled hip-on-gable roof rising to a pyramidal peak at the
center. Shallow roof overhangs feature exposed rafter tails. Walls are clad in narrow wood clapboard and have end boards at the
comers. The centrally located, ten-paned glazed front door is covered by a hip-on-gable portico supported by knee braces. True
divided lite wood windows punctuate the almost symmetrical fa<;ade. The window to the left of the door is a pair of three-paned
sashes, while the window to the right is a set of three, six-paned sashes, and both have wood sills and battened shutters. Brick chimney
pierces the south hip-on-gable. The original narrow concrete sidewalk to the front steps and divided driveway is typical of homes built
in this era.
*P3b. Resource Attributes: (List attributes and codes) HP2 Single Family Property
*P4. Resources Present: Building 0Structure OObject 0Site 0District OElement of District OOther (Isolates, etc.)
P5a. Photograph or Drawing (Photograph required for buildings, structures, and
*PlO. Survey Type: (Describe) Area historical significance determination
P5b. of Photo: (view, date,
accession#) West view, October 2004
*P6. Date Constructed/Age and Source:
X Historic 0Prehistoric
0Both
1929 per County Tax Assessor records
*P7. Owner and Address:
Jorge & Estela Puelma
31321 Andres Pico Road
San Juan Capistrano, CA 92675
*P8. Recorded by: (Name, affiliation,
and address)
Nick Taylor
Associate Planner
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
*Pll. Report Citation: (Cite survey report and other sources, or enter "none.") -"n"'o"'n""e _______ _
*Attachments: [)\lONE [Location Map Continuation Sheet Oluilding, Structure, and Object Record
[}\rchaeological Record OJistrict Record [Linear Feature Record []vlilling Station Record [J{ock Art Record
0\rtifact Record []:>hotograph Record OOther (List):
DPR 523A (1/95) Page 1 of 3 ATTACHMENT 4
State of California-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
Primary#
HRl#
*NRHP Status Code .1
Page 2 of 3 *Resource Name or# (Assigned by recorder) Father O'Sullivan House
Bl. Historic Name: Father St. John O'Sullivan_House
B2. Common Name: none
B3. Original Use: SFR
84. Present Use: SFR
*B5. Architectural Style: Craftsman
*86. Construction History: (Construction date, alterations, and date of alterations)
Built in 1929, the house has no documented alterations. The only permit on record is in 2000 for a special inspection of electrical
wiring in the aftermath of a fire. The front door may not be original, but is compatible with the style of the house. A wood fence, arbor
and gate were added to the property in 2006.
*B7. Moved? No [)'es OJnknown Date: Original Location:
*B8. Related Features: A detached garage in the rear of the lot appears to have been built at the same time as the house and
matches the architectural style and materials including the siding and hip-on-gable roof form. It exhibits an elongated form so it may
have been extended at some point. The sidewalk and steps are original.
B9a. Architect: attributed to Clarence Lobo b. Builder: unknown
*BlO. Significance: Theme: Area: San Juan Capistrano
Period of Significance: 1929 Property Type: Single Family Residence Applicable Criteria:
(Discuss importance in tenns of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.)
This home is located within the area known as Mission Hill-Mission Flats. The neighborhood is located northeast of Mission San Juan
Capistrano and was likely inhabited by Acjachemem Indians before the land passed into the ownership of the Spanish Crown, then the
Mission, and finally into private ownership. In 1926, development partners A. H. Reid and Ole Hanson----former mayor of Seattle and
founder of San Clemente, California-purchased and began developing the acreage. Tract 808, "Mission Hill", was recorded in 1926
over Lot 9 and a portion of Lot 8 of original Tract 103, Mission Tract No. 2 and Mission Tract No. 3. In 1931, Hanson bought his
partner's share and became sole owner of the tract development. The subdivision encompasses the geographical boundaries of
Mission Hill-Mission Flats. The street pattern follows the natural topography of the area, with narrow streets especially in the Mission
Hill area of the subdivision. The neighborhood's westernmost boundary consists of the historic El Camino Real. TheEl Camino Real
linked California's twenty-one missions together, making each mission within a day's travel of the next. The subdivision included 146
residential lots on approximately 28 acres and was provided with graded and graveled streets as well as electricity. The neighborhood
also includes remnants of a late eighteenth century kiln, used by the local Native American population to help construct the San Juan
Capistrano mission. (Continued on DPR 523L)
B 11. Additional Resource Attributes: (List attributes and codes)
*812. References:
A Guide to Historic San Juan Capistrano -Established in 1776, Mary
Ellen Tryon
A Field Guide to American Houses, Virginia and Lee McAlester
813. Remarks:
*814. Evaluator: Teri Delcamp, Nick Taylor
*Date of Evaluation: October 2006 (updated 2014, Nick Taylor)
(This space reserved for official comments.)
DPR 5238 (1/95) Page 2 of 3
(Sketch Map with north arrow required.)
State of California The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary#
HR!#
Trinomial
Page of *Resource Name or# (Assigned by recorder) Father O'Sullivan House
*Recorded by: Ni"'ck"'--"T_,a""y""lo'"'-r ____ *Date July 2014 Continuation 0Update
*810. Significance (continued):
The area developed with an eclectic mix of architectural styles, including Craftsman, Spanish Colonial and Mission Revival,
California Ranch, and Minimal Traditional, primarily between 1926 and 1955. Some earlier homes and structures from other areas
were relocated into the Mission Flats area. More recent development since the 1 960s includes some multiple family dwelling units and
more contemporary architectural styles. While not having a sufficient concentration to be designated as a historical district, the area
retains enough individually significant homes, including the subject property, with good integrity to preserve the overall historical
architectural character of the area.
The lot was purchased from AH Reid by Father St. John O'Sullivan in 1929, the same year County tax assessor records show the
house was built. According to the current owner of the neighboring house at 31440 El Camino Real, the design of this house is
purported to have been done by Clarence Lobo for his drafting class. Father St. John O'Sullivan was born in 1874 in Kentucky, and
was ordained as a priest in 1904. Soon after he was diagnosed with tuberculosis and moved to Texas, then Arizona. Father Alfred
Quetu met O'Sullivan in Arizona in 1909, and invited him to the Mission in San Juan Capistrano. O'Sullivan arrived in 1910 and was
the first resident priest attached to the Mission since 1886. Father O'Sullivan was instrumental in carrying on the restoration of the
Mission that had been begun by the Landmarks Club in 1895, and in learning about, and capturing in his writings, the lives of the
Juanenos. He oversaw the completion of the Serra Chapel restoration in 1922 with the installation of the Spanish reredo behind the
altar, and the Mission parish school opened in 1928 under the auspices of the Sisters of the Immaculate Conception from Ohio. The
1930 census shows St. John 0' Sullivan and family (his sister Lucy and brother Anthony) living at this house. Father O'Sullivan died
in 1933, so his tenure at the house was short-lived and at the end of his life. The house was later owned by Walter Fath at least through
1959.
The house remains in virtually original condition, and is representative of a simple, vernacular Craftsman style house of its era.
The newer arbor and gate distract somewhat from the view of the house from the street and should be modified when a future
opportunity arises to be less visually obtrusive. However, the feature does not affect the overall historic integrity of the site and the
house. As such, the house qualifies for listing on the Inventory of Historic and Cultural Landmarks under California Register criterion
3. The association with Father St. John O'Sullivan, one of several priests who figure prominently in the history of Mission San Juan
Capistrano, also qualifies the home for listing on the Inventory of Historic and Cultural Landmarks under California Register criterion
2.
DPR 523L (1/95) Page 3 of 3
*Prepared and Submitted by Applicant, May 9, 2014
Page 1 of 20 ATTACHMENT 5
Page 2 of 20
El 4
~-~·a.·~"',_. on the list under
"'"'n.rn"' and Estela wished to not
in
Page 3 of 20
of California 3A The Resources .. .,,.,.,,,.,.,
IDEPAIRHIJEIIITOF AND RECREATION
P1. Other Identifier:
Other
Review Code
•P2. Location: Not for Publication
and (P2b and P2c or P2d. a
USGS 7.5' Quad: Date:
Trinomial
NRHP Status
Reviewer
•a.
Date
Orang~
appropriate) Eievation:
*P6. Date G<l•I"'S;tnlet•edi'ACie
Sources:
Page 5 of 20
State of California% The Resources
DEPARTMENT OF PARKS AND tn:::t,;n~::A
Resource Name or if'
neighbo:rho•od also includes remnants
construct t.he San Juan Canis•tra1no
811. Additional Resource Attributes:
*!312. References:
al!ribules and codes)
A Guide to Historic San Jutm Capistrano-Established 1776, Ellen
Anum.can Houses, Virginia Lee McAlester
813. Remarks:
Page 6 of 20
*Recorded
Page 7 of 20
Page 8 of 20
• •
no, your name and site lllrisfliNIIAI!I!.
to mddre$\IS below:
OWNER:
Page 9 of 20
Page 10 of 20
Page 11 of 20
Page 12 of 20
0
N -0
("') ...-
(J)
OJ ro
CL
Real
Durnford/Marco Forster
Signifi:can,ce Matrix tor lliCL Ciilildi:datles
AD HOC COMMITTEE REVIEW DRAFT
Revised 03/14/05
Street
La Calera
Street
---------------------------·---1
Tax Assessor Records on GeogJraphical Information -.r··~---,
as defined the National ReJ;IStl~r structures more than 50 years old are considered uo:ten1tialLv
historic.
3 Based on California Environmental
the broad patterns of California's
"Is associated with events that have made a significa:nt contribution to
Based on California Environmental
5 Based on California Environmental
Act Criterion B, "Is associated with lives in our past.
Act Criterion "Embodies the distinctive characteristics of a
method or rept·esents the work of an nnnn;rte~1M
6 Based on California Environmental "Has "~·~v~,
Prior to !955
Priorto 800
of San Juan '-'"~-"'~''"'""v, nn•vum~m determined
of historical resources.
the
•
FROM:
SUBJECT:
Page 16 of 20
• • 3
31442 El Camino Real
Page 17 of 20
• 4
Page 18 of 20
0
Cl
(J)
CHC RESOLUTION NO, 06-1 -14-x
A RESOLUTION OF THE CULTURAL HERITAGE COMMISSION OF THE CITY OF SAN
JUAN CAPISTRANO RECOMMENDING APPROVAl OF AN AMENDMENT TO THE
CITY'S INVENTORY OF HISTORIC AND CUlTURAL LANDMARKS TO ADD A
PROPERTY WITHIN THE MISSION Hill-MISSION FLATS NEIGHBORHOODS
Whereas, the
Hill M1sston Flats
for
Whereas, !l"le owners of the
the lo add their to the IHCL
the within the
and has identified up to
Historic and Cultural
have submitted written
31442 El Cammo Real, Assessor Parcel 24-202-28,
and Estela Puelma, 31321 Andres Pico San Juan
CA 92675, and,
Page 19 of 20
•
AYES:
NOES:
ABSTAIN:
ABSENT:
Page 20 of 20
CITY OF SAN JUAN CAPISTRANO
Subject:
HISTORIC PRESERVATION
FEE WAIVER
COUNCIL POLICY
Page
1 of 2
Effective
Date
8/20/96
Policy
Number
603
It is the policy of the City Council in the effort to assist private parties in the
preservation of historically and culturally significant structures and places as listed on the
Inventory of Historic and Cultural Landmarks, to exempt improvements from all City fees,
subject to approval of the Planning Director in accordance with the following circumstances.
1. All structural improvements including those proposed for contributing structures
located on property listed on the Inventory of Historic and Cultural Landmarks, if
rehabilitated to be consistent with the criteria established by the Secretary of the
Interior's "Standards of Rehabilitation and Guidelines for Rehabilitating Historic
Buildings". For the purposes of defining contributing structures, said definition is to
include ... "those buildings or features as well as features of the site that are
important in defining the overall historic character. Site features can include
driveways, walkways, lighting, fencing, signs and other archaeological features that
are important in defining the history of the site".
2. Routine maintenance of any building or contributing structure located on property
listed on the Inventory of Historic and Cultural Landmarks shall also be exempt from
the requirement that Cultural Heritage Commission approval is required prior to
commencement of the improvements, subject to a determination by the Planning
Director that said improvements will not result in a major alteration of the building's
architecture.
3. New freestanding structures or additions representing more than 100% of the
existing building square footage shall not be exempt under this policy and shall be
subject to payment of all City fees.
4. Required improvements to satisfy compliance with State and Federal regulations
(which will not require modifications to a building's exterior elevations) of any
building or contributing structure located on property listed on the Inventory of
Historic and Cultural Landmarks shall also be exempt from review and approval by
the Cultural Heritage Commission.
5. Proposed land use improvements adjacent to buildings listed on the Inventory of
Historic and Cultural Landmarks shall be reviewed and approved by the Cultural
Heritage Commission provided a finding of physical and aesthetic compatibility is
determined. This provision shall include improvements to property either listed on
the Inventory of Historic and Cultural Landmarks or immediately adjacent.
ATTACHMENT 6
CITY OF SAN JUAN CAPISTRANO
Subject:
HISTORIC PRESERVATION
FEE WAIVER
COUNCIL POLICY
Page
2 of2
Effective
Date
8/20/96
Policy
Number
603
6. All applications for building permits under the above circumstances shall be required
to be reviewed and approved by the Cultural Heritage Commission in accordance
with Section 9-2.310 unless specifically exempted above.
7. The Planning Director shall review all applications that may comply with the above
criteria. Prior to initiation offormal processing, the Planning Director shall, in writing,
make a finding on whether the Council Policy pertains to the application. In making
this finding, the Planning Director shall reference the contents of this policy and any
applicable provisions of the Secretary of the Interior's "Standards of Rehabilitation
and Guidelines for Rehabilitating Historic Buildings".
###