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Mills Act Contract - 167 Alice Ave - 2018
MILLS ACT CONTRACT 1 , RecordingRequested B 24082003 9 Y Regina Alcomendras City of Campbell Santa Clara County - Clerk-Recorder 12/14/2018 12:41 PM When Recorded Mail To: CONFORMED COPY City of Campbell Copy of document recorded. Planning Division Has not been compared with original. 70 N. First Street Campbell, CA. 95008 For the Benefit of: City of Campbell (APN:412-06-061) (Space above this line for Recorder's Use) HISTORIC PROPERTY PRESERVATION AGREEMENT ("MILLS ACT CONTRACT") This Agreement is made this 13th day of December, 2018,by and between the City of Campbell, a general law city and municipal corporation("City") and Sjur-Olaf Bendiksen("Owner"). RECITALS 1. California Government Code section 50280, et: seq. allow cities the discretion to enter into contracts with the owners of qualified historic properties, as that term is defined in, Government Code section 50280,1, for the purpose of providing for the use, maintenance, protection, and restoration of such historic property so as to retain its characteristics as property of historic significance. 2. Owners hold fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address of 167 Alice Avenue, Campbell, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and incorporated herein by this reference. 3. In 1987,.the City Council designated the Historic Property as an Historic Resource pursuant to the terms and provisions of Title 21 of the City of Campbell Municipal Code. 4. City and Owners desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historic significance of the Historic Property that help provide.. the community with its own unique civic identity and character. 5. Owners, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to the provisions of Part 2, Chapter 3, of Division 1 of the California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. TERMS 1 HISTORIC PROPERTY PRESERVATION AGR 1T—`MILLS ACT CONTRACT' NOW,THEREFORE , the City and Owners, in consideration of mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date. and Term of Agreement: This Agreement shall be effective and: commence on December 13 2018 ("Effective Date") and shall remain in effect for a minimum term of ten(10) years hereafter. 2. Yearly Renewal: Each year upon the anniversary of the Effective Date ("Renewal Date"), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 3 of this Agreement. 3. Nonrenewal: If either the Owners or City desire in any year not to renew this Agreement, Owners or City shall serve written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal"). The Notice of Nonrenewal shall be effective only if served by Owners upon City-at least ninety (90) days prior to the Renewal Date, or if served by City upon Owners, the Notice of Nonrenewal shall be effective only if served upon Owners at least sixty(60) days prior to the Renewal Date. If either City or Owners serves a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from.the Effective Date if no Renewal Date has yet occurred). 4: Owners Protest of City Nonrenewal: Within fifteen (15) days of Owner's receipt of the Notice of Nonrenewal from City, Owners may file with City a written protest of the Notice of Nonrenewal, Upon receipt of the written protest, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement or such later date as the parties may mutually agree. Owners may furnish the City Council with any information it may require. The City. Council may, at any time prior to the annual Renewal Date,withdraw its Notice of Nonrenewal. 5. Standards of.Historical Property: During the term of this Agreement,the Historic Property shall be subject to the following conditions,requirements, and restrictions: A. Owners shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. In Addition,Owners shall comply with the terms of the City's Historic Preservation Ordinance (Title 21, Chapter 21.33), and shall obtain any applicable permits necessary to'protect, preserve, restore, and'rehabilitate the Historic Property so as to maintain its:historical and cultural significance. B: Owners shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the' Interior's Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Campbell. 2 HISTORIC PROPERTY PRESERVATION AGREEMENT-"MILS ACT CONTRACT" C. Owners shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit _ B, which is incorporated herein by this reference._All such projects shall be undertaken and completed in accordance with the Secretary of the Interior's Standards for the. Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City of Campbell Historic Design Guidelines for Residential Buildings. D. Owners shall not be permitted to block the'view corridor with any new structure, such_as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way. 6. Annual Reports: Owner shall annually submit to the City of Campbell Planning Department an annual report, invoices, photos, and other evidence which documents how the property owner is satisfying the terms and provisions of their individual Contract, including but not limited to the 10 year Maintenance Schedule (Exhibit B). The City will provide the owner with a template for annual reporting. An annual monitoring fee established by the City"Council may be required to be submitted with the annual report. 7. Annual Assessors Report and Reassessment: Owner shall annually submit to the City of Campbell Planning Depaitiiient a copy of the report provided to the County Assessor indicating how the Maintenance Schedule is being adhered to. The Owner shall also provide the City of Campbell with an annual copy of the homes property tax bill, including any reassessment' . - thereto. 8. Interior and Exterior Inspections: Prior to approval, execution and recordation o f this Agreement, and every three (3) years thereafter;the City shall inspect the interior and exterior of the premises to determine Owner's compliance with the terms and provisions of this Agreement. 9. Provision of Information of Compliance: Owners hereby agrees to furnish City with any and all information requested by the City," which City deems necessary, or advisable.to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement. 10. Breach of Agreement;Remedies: A. Notice of Breach; Opportunity to Cure: If Owners breaches any provision of this Agreement; City may give written notice to Owners by registered or certified mail detailing Owner's violations. If such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty(30) days and thereafter diligently pursued to completion), the City may, without further notice, declare Owners to be in breach of this Agreement. Upon City's declaration of Owner's breach, City may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section. 3 HISTORIC PROPERTY PRESERVATION AGREEMENT-"MILLSACTCONTRACT" - B. Remedy = Cancellation: City may cancel this Agreement if City determines, following a duly noticed public hearing in accordance with Government Code section 50286, that Owners breached any of the conditions of the Agreement, Owners allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or Owners failed to maintain and, preserve the Historic Property in accordance with the terms V of this Agreement. If this Agreement is cancelled, under this paragraph, Owners shall pay a cancellation fee to the Office of the Auditor for the County of Santa Clara, as required by Government Code section 50286. C. Alternative Remedies: As an alternative to cancellation of this Agreement for Owners's breach of any condition, City may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance,injunction, or receivership. 11. Destruction of Property; Eminent Domain; Cancellation: If the Historic Property - is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than fifty percent(50%0) of the original fabric of the structure must be -replaced; this Agreement shall: be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.' 12. Waiver: City does not waive any claim of,default by Owners 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 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 of other subsequent breach . thereof or default hereunder. 13. Binding Effect of Agreement: Owners hereby subjects the Historic Property to the covenants, conditions, and,restrictions set forth in this Agreement. City and , Owners hereby declare their specific intent that the covenants, conditions, and restrictions set forth herein shall be deemed covenants running with the land and shall inure 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 herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, conditions, reservations, and restrictions that are set forth in such contract, deed or other instrument to this Agreement. 4 HISTORIC PROPERTY PRESERVATION AGREEMENIT—"MILLS ACT CONTRACT' 14. Covenants Run with the Land:. City and Owners hereby "declare their - understanding and intent that .the burden of the covenants, conditions, reservations, and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owners hereby further declare their understanding- and intent that the benefit of such covenants, conditions, reservations, and restrictions touch and,concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public and the Owners. 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 or at any other address as may be later specified by the parties hereto: ' City: , City of Campbell Community Development Department Planning Division 700 North First Street ' Campbell, CA 95008 Owners: ( Sjur-Olaf Bendiksen 167 Alice Avenue Campbell, CA 95008 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 the parties to be considered members of any joint enterprise or venture. 17. Indemnity of City: Owners shall defend, indemnify, and.hold harmless City and • its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death; whether imposed by a court of law or by administrative action of any federal, state, or local government agency; arising out of or incident to (i) the direct or indirect use, operation, or maintenance of the Historic Property by Owners or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner's activities in connection with the Historic Property; and (ii ) any restrictions on the use or development of - the Historic Property, from application or enforcement of Title 21, Chapter 21.33 of the City's Municipal Code, or from the'enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and 5 HISTORIC PROPERTY PRESERVATION AGREEMENT-"MILLS ACT CONTRACT" - - shall not be restricted to insurance proceeds, if any,received by City, its elected officials, employees, or agents. 18. Binding Upon Successors: All of the agreements, rights, covenants, conditions, 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, assignees, 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, conditions, restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court. 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 effected thereby. 21. Recordation: Owners or agent of an owners shall record the contract with the County of Santa Clara within thirty(30) days of entering into the contract. 22. Amendments: This Agreement may be amended,'in whole or in part, only by written recorded instrument executed by the parties hereto. 23. Governing Law.and Venue: This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided by this Agreement shall be tried in a court of competent jurisdiction in the County of Santa Clara, State of California, and the parties hereby waive all provisions of law providing for a change in venue in such proceedings to any other county. IN WITNESS WHEREOF, City and Owners have executed this Agreement on the day and year first above written. City of Campbell: By rian Loven hal, City Manager 6 HISTORIC PROPERTY PRESERVATION AGREEMENT—"MILLS ACT CONTRACT' ATTESTED TO: B nD Q o" ri / Q�'Wen., ood, City Clerit1- OWNER: Sjur-Olaf B ndiksen, Owner • Notarized Signatures Required • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT. CIVIL CODE § 1189 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. State of Californi County of c Il l et- Ca } / + ir1 dijs,/Ua/oyft6c , On Cty I �« beforeme, F'I�(i4r (,� �'!Date Here Insert Name ad Title of th Officer personally appeared plan tvv'e tha Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence o be the person whose name [E- 'subscribed to the within instrume t and acknowl_9.2kged to me that t' /. e/t6y executed the same in I f/t1;b4 - authorized capacity(i(s), and that by hrzf/tir signatur${s) on the instrument the person(e), or the entity upon behalf of which the persop(§) acted, executed the instrument. I certify under PENALTY OF PERJURY under the „ ANDREASANDERS, laws of the State of California that the foregoing •�ti. Notary Public-California paragraph is true and correct. k T� Santa Clara County s s° re Commission#2257697 "« "' My Comm.Expires Sep 9,2022 WITNESS my hand and official seal. Signature alien. Place Notary Seal and/or Stamp.Above Sig ure of Notary. Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document A - Title or Type of Document: Document Date: (2/f3 Z_.Yg Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) ' Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited 0 General' 0 Partner— 0 Limited 0 General ❑ Individual .❑ Attorney in Fact 0 Individual ❑ Attorney in Fact ❑ Trustee • 0 Guardian of Conservator 0 Trustee ❑ Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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. State of California } County of v\ka OnPof.ces.,1/4..4-)e.c i21 2,41�5 ' before me, :•(-\. � officer) o �•ry v`b\‘� (Here insert name and title of he l personally appeared CJ .� v f .Voef\ \ •f� , 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. • JOANN THOMASON TNESS m hand and official seal. , Commission #2110789 z 4 a rye Notary Public- California z z 4r. Santa Clara County My Comm.Expires May 9,2019'k No ary Pub Signature • (Notary Public Seal)= ♦ ♦ ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. . (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as-it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. lie/she/they—is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact • Additional information is not required but could help to ensure this ❑ Trustee(s) -- acknowledgment is not misused or attached to a different document. Other 4. Indicate title or type of attached document,number of pages and date. • ❑ -- Indicate the capacity claimed by the signer.If the claimed capacity is'a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. • • EXHIBIT "A" THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA: LOT NO. 30,AS DESIGNATED AND DELINEATED UPON A MAP ENTITLED, "MAP OF THE HYDE RESIDENCE PARK, BEING A PART OF THE N.W. 1/2 OF SECTION 35,T.7S., R.1 W., MT. DIABLO BASE AND MERIDIAN, SANTA CLARA CO., CAL.",WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OFTHE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE.OF NIA, ONJULY12, 1915, IN� CALIFORNIA, INVOL. "0"OF MAPS, PAGE 79,RECORDS OF SAID COUNTY. APN: 412-06-061 ***END OF LEGAL DESCRIPTION*** Proposed Schedule and Plan•for Maintenance and Treatment of 167 Alice Avenue. '' • • . . - • Repairs./ Improvements • -?` Year 1 `:Year 2 „_Year 3 Year 4 Year 5 Y'ear6 Year 7 :Year,8' Year 9 Year 10: - 1 - .Garden/landscapingl:-: r° 1,600 ' 1,,200 1,200. 1,600 1,200• 1,200 ,;1600 1,200 , 1200 1,600 2 Driveway 5,000 1,500 500 - • 3 Annual.Maintenance a;nd Repair i 6,000 6,000 ,. , 6,000, 3,000` ,:3,000 $;000 3;000 3,000 3,000 3,000: 4 Chimney Inspection/Clean 100 2,500 100 300, 100 100, 300 100 100 300 - 5 Column replace 2,500; v 6 Dry-Rot Replacement/Repair 1,000 1,000 500 7 Electrical `Rewire 20,000- 2 . • 8 Fence- New 1,500r. 150. 150 9 Mooring Replacement ._ ,8,000- - '. 10 Foundation - Repair's . 1,500 1,500 500 - 11 Plumbing- Repairs/Im.provements ; ,8,000 .. 1,000r 12 Repair Exterior Stucco/House Paint 10,000 10,000 2 000 _. 500 500, ;00 13 Repair.Garage :::: < . , ., , . . . .. 14 Roof-Strip.and Install new 31,000 ` 1E. F 15 Fumigation 8,600' 16 Windows- Replacement in kind • 12,500 12,500 17 Gutter Cleaning 150 1150,: 150: 150 " ,150 18 Cellar Upgrade 7,500 5,000 2,500 5,000 19 House.Painting;Interi.or 4,000 5i000 . 20 Sidewalk repair& improvements 1,500 6 Total -- : k 0,450: 67,200i 18,45d,° 28,400 ,20,100, 10;800 „5,050:`- 10,450 , 4450 '10,400 • 235 750 • .Total over 10 yearn _.- , , :. .. , 167 AliceAvenue 14 CITY COUNCIL REPORT MEMORANDUM CITY OF CAMPBELL City Clerk's Office To: Cindy McCormick, Senior Planner Date: September 4, 2018 From: Andrea Sanders, Deputy City Clerk Subject: Mills Act Application — 167 Alice Ave. At its regular meeting of September 4, 2018 City Council accepted Resolution 12352 authorizing the City Manager to enter into a Mills Act contract with the property owners of 167 Alice Avenue. A certified copy of Resolution 12352 is attached for your records. RE:71.11/12:1P: 0-Pe OF t p,MPBELI. PLANNING DEPT. RESOLUTION NO. 12352 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR 167 ALICE AVENUE AND DIRECTING THE CITY MANAGER TO EXECUTE SAID CONTRACT WITH THE PROPERTY OWNERS WHEREAS, on October 4, 2011 the City Council of the City of Campbell adopted Resolution 11333 establishing the Mills Act Historic Property Incentive Pilot Program for historic residential properties; and WHEREAS, approval of a Mills Act Historic Preservation Contract is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31, pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources, provided that the activity meets published federal standards for the treatment of historic properties. These federal standards describe means of preserving, rehabilitating, restoring, and reconstructing historic buildings without adversely affecting their historic significance; and WHEREAS, there is no evidence that this contract would result in any significant negative environmental impact; and WHEREAS, California Government Code, Section 50280 et seq., and California Revenue and Taxation Code, Section 439 et seq., authorize the City of Campbell to enter into contract with owner(s) of qualified historical property; defined as property that is (a) located entirely within the City of Campbell; (b) is privately owned; (c) is taxed as residential property; and (e) is individually listed on the City of Campbell's adopted Historic Resource Inventory List, to restrict the use of the property in a manner which the.City deems reasonable to carry out the purposes of the relevant state regulations; and WHEREAS, the Mills Act program allows private property owners of qualified historic property to receive property tax relief in exchange for agreeing to preserve, rehabilitate, and maintain their historic properties for a specific period; and WHEREAS, on July 25, 2018 the City of Campbell Historic Preservation Board unanimously supported a Mills Act Historic Preservation Contract for 167 Alice Avenue. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby approves a Mills Act Historic Preservation Contract for 167 Alice Avenue and directs the City Manager to execute said contract with the property owners. PASSED AND ADOPTED, this 4th day of September, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: Gibbons, Landry, Cristina, Waterman, Resnikoff NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVED: Paul Resnikoff, Mayor ATTEST: Wendy rk, City Clerk THE FOREGOING INSTRUMENT IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE IN THIS OFFICE. ATTEST: WENDY WOOD,CITY CLERK CI F CAPBE BY p DATED l .0-f'C 1p� City Item: 9 rt Category: PUBLIC HEARINGS AND Council INTRODUCTION OF Re OYl ORDINANCES y� G1A, Meeting Date: September 4, 2018 t'�CfiAR9 TITLE: Public Hearing to Consider a Mills Act Application Request for the Property Located at 167 Alice Avenue in the Alice Avenue Historic District. (Resolution / Roll Call Vote) RECOMMENDED ACTION The Historic Preservation Board recommends that the City Council authorize the City Manager to enter into a Mills Act contract with the property owners of 167 Alice Avenue. ENVIRONMENTAL DETERMINATION The proposed designation as a Mills Act property is Categorically Exempt under Section 15331, Class 31 of the California Environment Quality Act (CEQA), pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources. BACKGROUND The Mills Act Incentive Program assists property owners of locally-designated historic residential structures to benefit from tax savings in exchange for reinvestment towards the structures' preservation. In 2011, the City Council initiated a three-year pilot program, allowing up to five (5) Mills Act contracts. During this three-year period, the City Council authorized three (3) Mills Act contracts. In 2015, the City Council approved an extension of the Mills Act Incentive Program, allowing a combined maximum of ten (10) Mills Act contracts over the course of the program. There was no time limit put on the allocation of the remaining contracts. Since 2011, the City has entered into six (6) contracts, allowing up to four (4) additional contracts under the current program. This application represents the seventh (7th) Mills Act application. An eighth (8th) Mills Act application is tentatively scheduled for the September 26th Historic Preservation Board meeting and a ninth (9th) Mills Act application is expected in early September of this year, potentially reducing the total remaining contracts to one. As further discussed under next steps, staff is seeking direction from the Council on whether or not to schedule a future City Council meeting to consider increasing the maximum number of Mills Act Contracts. In 2018, the City Council updated the Historic Preservation Ordinance and Section 21.33.150, regarding economic incentives for preserving Historic Resources. The k Packet Pg.86 9 Mills Act Application Request Page 2 of 5 Council strengthened the Mills Act program by requiring 100% of the estimated tax savings to be used to finance the improvements and property maintenance of the historic resource. Mills Act Contracts must be approved by the City Council. The Mills Act program provides the City with significant latitude in determining which historic resource property owner should secure a contract. Given that the City of Campbell's program is limited to a maximum of ten contracts, the application review process becomes vitally important in order to ensure that contracts are awarded appropriately. Per State legislation', the contract has a ten year term that is automatically renewed each year, unless the City or property owner files a notice of non-renewal 60 or 90 days prior to the anniversary date of the contract. If a notice of non-renewal is filed, the existing contract will remain in effect for the remaining balance of the 10-year period. The Mills Act Contract (including all rights and obligations) is binding upon successive property owners for the term of the contract. DISCUSSION The property owner has applied for a Mills Act Contract for the subject property under the City's Mills Act Historic Property Tax Incentive Program. The application (PLN2018- 169) includes a Schedule and Plan for Maintenance and Treatment of the Historic Property (Attachment 2) and photos of the property (Attachment 3). Project Site: The subject property is an approximately 7,400 square-foot lot, located on the northern side of Alice Avenue, east of 3rd Street. The site is currently developed with a one-story California Bungalow style single-family residence, circa 1927. The site is located in the Alice Avenue Historic District in the R-1-6 (Single-Family Residential) Zoning District, and is surrounded by single-family residences. Historic Significance: According to the City's Primary Record of this property (Attachment 4), the Gilbert Newcomb Dunlap Ford Agency was the builder of the home. Furthermore, according to the Alice Avenue Context Statement, Mr. Newcomb, a well- known carpenter, built the home for his cousin, Mrs. Miriam Skiff Dunlap and her husband Percy (the home's namesake). The Primary Record also indicates that Mr. Gilbert Newcomb worked for many contractors on houses in the area, including architect Ad Whiteside in 1924 on the "new" J.C. Ainsley house, and for Mr. Walker Vaughn after World War II on several subdivisions. In 1984, the property was among the original group of properties listed on the City of Campbell Historic Resource Inventory. In 1987, the City Council designated Alice Avenue as a Historic District. The Percy and Miriam Skiff Dunlap House is one of 39 homes in the Alice Avenue Historic District2. Current Conditions: The owner has indicated that the house is in "good structural shape" but has also stated that the exterior needs updates including repairing an existing chimney, and installing a new roof, new windows, new paint, and new fencing 1 California Government Code, Article 12, Sections 50280-50290 2 In addition to the 36 homes on Alice Avenue, the historic district includes one home on the corner of 1st Street and Alice Avenue and two homes on the corner of 3rd Street and Alice Avenue. Packet Pg.87`° Mills Act Application Request Page 3 of 5 and landscaping. The owner also notes pest and termite damage. The owner is also in. the process of correcting a code enforcement case,whereby the previous owner illegally converted a garage/workshop into an Accessory Dwelling Unit (ADU) by adding a kitchen and shower without permits. ADUs are not currently permitted on lots less than 10,000 square feet in area. HPB Review: On July 25, 2018, the Historic Preservation Board (HPB) reviewed the application and unanimously recommended approval of the Mills Act contract, finding that the cost of the proposed improvements will exceed the estimated tax savings and that the improvements will reduce the threat of deterioration, resulting in a benefit to the public by preserving the home rather than demolishing it. PUBLIC OUTREACH ') A 300-foot notice has been sent to each property owner within a 300-foot radius of this property. Additionally, a notice in the Campbell Express was placed in the newspaper at least 10 days prior to this hearing. FISCAL IMPACT The current valuation of the property is $1,550,000 per the Assessor's office. Staff estimates that the post Mills Act valuation will be between approximately $420,000 and $615,000, based on the current valuation for 61 Catalpa Lane and'140 S. Peter Drive, both of which had a similar pre-Mills Act valuation ($1,506,809 and $1,513,730, respectively). While this is not a precise method to determine the fiscal impact, it does provide some level of benchmark. Based on these two comparisons, it is estimated that the tax loss to Campbell3 will be between approximately $936 and $1,148 for the first year, assuming that the City receives approximately 10.5% of the tax paid to the County (reference Attachment 5). The tax reduction will change each year and would remain in effect until such time that either the City or the owner exercises their right to cancel the renewal, in which case the contract would expire 10 years after the date of nonrenewal. ALTERNATIVES 1. Do not authorize the City Manager to enter into a Mills Act contract with the property owners of 167 Alice Avenue. 2. Return the request back to the Historic Preservation Board to respond to specific questions prior to rendering a decision. 3. Continue the matter to allow staff time to respond to specific questions. NEXT STEPS Following Mills Act contract recordation with the Santa Clara County Recorder's Office, City staff will mail a copy of the recorded contract to the Santa Clara County Office of the Assessor. Within six months of Mills Act contract recordation, the property owner is , 3 This estimate does not consider the loss of taxes to the County, the school district, etc. ,Packet Pg.88 • - 1 Mills Act Application Request Page 4 of 5 required to provide written: notice to the State Office of Historic Preservation. The notification must state that the property owner has entered into a Mills Act contract with the City of Campbell. A copy of the notice must also be mailed to the City of Campbell City Clerk. Staff is also asking for.direction on whether or not to schedule a future City Council meeting to consider increasing the maximum number of Mills Act Contracts. If the proposed application is approved, the City will have three (3) remaining Mills Act contracts available under the current limit of 10 contracts. If the application that has recently been submitted is approved, the City will have two remaining contracts. A ninth application is expected to be submitted by the middle of September. To help the Council understand the potential fiscal impact of increasing the number of Mills Act Contracts, staff has prepared an estimate of the tax difference between the .- pre- Mills Act tax valuation and the post -Mills Act tax valuation for the existing six (6) Mills Act Contracts (Attachment 5). CarrA,.ti ck_ Prepared by: Cindy McCormick, Senior Planner Reviewed by: Paul Kermoyan, Community Development Director Approved by: Brian Loventhal, City Manager Attachment: 1. CC Resolution - PLN2018-169 - Mills Act - 167 Alice Ave 2. 167 Alice Avenue Mills Act Application 3. 167 Alice exterior photos 4. Primary Record - 167 Alice Ave Packet Pg.89 Mills Act Application Request Page 5 of 5 5. Mills act valuation and tax estimates Packet Pg.90 ""a9 a RESOLUTION NO. BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A MILLS ACT HISTORIC PRESERVATION CONTRACT FOR 167 ALICE AVENUE AND DIRECTING THE CITY MANAGER TO EXECUTE SAID CONTRACT WITH THE PROPERTY OWNERS WHEREAS, on October 4, 2011 the City Council of the City of Campbell adopted Resolution 11333 establishing the Mills Act Historic Property Incentive Pilot Program for historic residential properties; and a WHEREAS, approval of a Mills Act Historic Preservation Contract is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31, pertaining to 9 projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources, provided that the activity meets published federal standards for the treatment of historic properties. These federal standards describe means of preserving, rehabilitating, restoring, a and reconstructing historic buildings without adversely affecting their historic significance; and o st WHEREAS, there is no evidence that this contract would result in any significant negative environmental impact; and WHEREAS, California.Government Code, Section 50280 et seq., and California Revenue and r Taxation Code, Section 439 et seq., authorize the City of Campbell to enter into contract with :0 owner(s),of qualified historical property; defined as property that is (a) located entirely within the City of Campbell; (b) is privately owned; (c) is taxed as residential property; and (e) is individually listed on the City of Campbell's adopted Historic Resource Inventory List, to restrict the use of the property in a manner which the City deems reasonable to carry out the purposes of the relevant state regulations; co and WHEREAS, the Mills Act program allows private property owners of qualified historic property to receive property tax relief in exchange for agreeing to preserve, rehabilitate, and maintain their historic properties for a specific period; and WHEREAS, on July 25, 2018 the City of Campbell Historic Preservation Board unanimously supported a Mills Act Historic Preservation Contract for 167 Alice Avenue. to 0 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby approves a Mills Act Historic Preservation Contract for 167 Alice Avenue and directs the City Manager a to execute said contract with the property owners. 0 PASSED AND ADOPTED, this 4th day of September, 2018 by the following roll call vote: AYES: COUNCILMEMBERS: a NOES: COUNCILMEMBERS: U ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: aa) E 0 APPROVED: Paul Resnikoff, Mayor ATTEST: Wendy Clerk, City Clerk 'Packet Pg'91 ;'. State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 2 *Resource Name or #: Percy and Miriam Skiff Dunlap House P1. Other Identifier: Campbell Historic District Property *P2. Location: ❑ Not for Publication ® Unrestricted *a. County Santa Clara and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Date T; R ; 415 of 'a of Sec ; B.M. c. Address 167 Alice Ave. City Campbell Zip 95008 d. UTM: (Give more than one for large and/or linear resources) Zone_, mE/ m e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) APN: 412-06-061 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Historic Single-Family Residence. One story home with a stucco exterior surface. Hipped gable roof with asphalt shingles and tar paper. The roof trim on the gable end of the house has the edge of the roof projecting with boards attached at roofs edge. The eaves of the roof are projecting with rafters exposed. Special features of the roof trim include additional plain gable. There are two chimney's, one of which is exterior and against the wall of the house. The windows in front and along the sides of the house are one sash fixed and two sash double hung and casement style windows. The window in front and by the main door is a one sash window and transom with the two sash glass side panels. The main door is P5a. Photograph or Drawing (Photograph required for composed of two panels on buildings, structures, and objects.) bottom with four panes of glass centered on top. Straight cement stairs lead into a stoop in front. „ Building ornamentation includes a decorative lamp by the main floor basement. *P3b. Resource Attributes: (List attributes and codes) 4'n „. r s r�'. 02- Single Family Residence � 1 *P4. Resources Present: DO Building ❑Structure ❑Object ❑Site ❑District DElement of District ❑Other (Isolates, etc.) - P5b. Description of Photo: (view, �!!llflillll _ ,. . ,. . t date, accession #) Front i ««,F y� ~ t ' Façade, 07/09/07 *P6.Date Constructed/Age and Source: x❑ Historic ❑ Prehistoric ❑ Both 1927 *P7.Owner and Address: Mildred Uchytil, et al. & Linda J. Nicholas (April 1987) DPR 523A (1/95) *Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD *NRHP Status Code Page 2 of 2 *Resource Name or * (Assigned by recorder) Bi. Historic Name: Percy and Miriam Skiff Dunlap House B2. Common Name: Percy and Miriam Skiff Dunlap House B3. Original Use: Single-Family Home B4. Present Use: Same *B5. Architectural Style: California Bungalow (Stucco) *B6. Construction History: (Construction date, alterations, and date of alterations) Built, 1927. *B7. Moved? IE] No ❑Yes ❑Unknown Date: Original Location: *B8. Related Features: Garage, Large fir tree in back B9a. Architect: b. Builder: Gilbert Newcomb Dunlap Ford (Agency) *B10. Significance: Theme Economic/Industrial Area Period of Significance Property Type Applicable Criteria (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) Alice Avenue was created in 1915 on a portion of the site of the fruit drying yards owned by the George E. Hyde Company, a canning and fruit dehydrating plant occupying 17 acres in Campbell. The land was originally owned and utilized by Flamming's Fruit Dryer (1887) ; sold to Frank Buxton's Dryer (1890, and again sold to Campbell Fruit Grower's Union (1892) which owned and controlled the drying yards and packing house until its sale to George Hyde in 1909. The residential subdivision, "Hyde Residential Park" was built primarily for housing cannery workers, though George and Alice Hyde (the Street's namesake) resided there too. Mr. Gilbert Newcomb says he built a house on Alice Ave. as his own project. He also worked for many contractors on houses in area, including architect Ad Whiteside in 1924 for 9 months on the "new" J.C. Ainsley house at S. Bascom and Hamilton (3 carpenters-$8 per day), and for Mr. Walker Vaughn after World War II on several subdivisions. i B11. Additional Resource Attributes: (List attributes \ _ and codes) 73 12 „°`'—STREET *B12. References: j °— — 13" a+^ — $ .o 1224 24 See P11 . 56 • ra 7/ 14 B13. Remarks: ----- 25 "'' a 70 m -C" 26 57 2 ti so'h$ 69 16 _------ r ---- 27 58 °4 626 (This space reserved for official comments.) V o,. ------ 17 n li Z 28 59 ° rY i 67 18 � (roan_7:79io ac wi o.or,�e'o PCL2R: 29 — ) 79 PCL.I j9. 45' r� 30 E °" W I^ 65 27 : •rso a ni x - ❑ W 6.i 262 3163 62 m y a 116.86 17. fs IIO DPR 523A (1/95) *Required information *P8.Recorded by: (Name, affiliation, and address) Kevin Tokanaga Campbell Museum 51 N. Central Campbell, CA 95008 *P9.Date Recorded: April, 1986 *P10. Survey Type: (Describe) Inventory Update *P11. Report Citation: (Cite survey report and other sources, or enter "none.") 1977-78 Survey. Phone interview with Mrs. Henry (Mildred Pryor) Uchytil, owner (February 3, 1978) , with Mr. Gilbert R. Newcomb, carpenter (December 15, 1977) by Tom M. King. Initial study taken by Hugh I. Schade (October 22, 1977) . *Attachments: ❑NONE ❑Location Map ❑Continuation Sheet ® Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (List) : DPR 523A (1/95) *Required information Tax Valuation Comparison for the Citv's six Mills Act properties Mills Act tax reassessments begin the year after a Mills Act contract is approved. So, if a contract was approved in 2015, the new tax rate takes effect in 2016. The following represents the approximate tax for each property that received approval for a Mills Act contract. Staff has included the net tax valuation after subtracting the $7,000 home owner's exemption (where applicable) for the year that the Mills Act Contract was approved (shown in red) and each year thereafter, through 2017. Staff has also included the estimated tax in the year that the contract was approved (standard tax) and the years after the contract was approved (Mills Act tax). For simplicity, the approximate tax has been estimated by assuming a 1%tax rate on the net tax valuation. It is also assumed that the City receives approximately 10.5%of this 1%tax. 226 Alice Avenue (Mills Act Contract recorded 12/27/16): 2016 Net Tax Valuation: $768,257=—$807 per year(=10.5%of 1%of$768,257) 2017 Net Tax Valuation: $213,100=—$224 per year(=10.5%of 1%of$213,100) 146 Alice Avenue (Mills Act Contract recorded 4/15/16): 2016 Net Tax Valuation:$738,636=—$776 per year(=10.5%of 1%of$738,636) 2017 Net Tax Valuation:$261,500="'$275 per year(=10.5%of 1%of$261,500) 155 Alike Avenue (Mills Act Contract recorded 10/6/15) 2015 Net Tax Valuation:$977,649=—$1,027 per year(=10.5%of 1%of$977,649) 2016 Net Tax Valuation:$262,900 =—$276 per year(=10.5%of 1%of$262,900) 2017 Net Tax Valuation:$317,400 =—$333 per year(=10.5%of 1%of$317,400) 75 N.2nd Street (Mills Act Contract recorded 9/28/15): 2015 Net Tax Valuation:$991,119 =—$1,041 per year(=10.5%of 1%of$991,119) 2016 Net Tax Valuation:$281,500 =—$296 per year(=10.5%of 1%of$281,500) 2017 Net Tax Valuation:$384,100 =—$403 per year(=10.5%of 1%of$384,100) 61 Catalpa Lane (Mills Act Contract recorded 2/5/14): 2014 Net Tax Valuation:$1,506,809=—$1,582 per year(=10.5%of 1%of$1,506,809) 2015 Net Tax Valuation:$472,500 ="'$496 per year(=10.5%of 1%of$472,500) 2016 Net Tax Valuation:$449,800 =—$472 per year(=10.5%of 1%of$449,800) 2017 Net Tax Valuation:$615,400 =—$646 per year(=10.5%of 1%of$615,400) 140 S. Peter Drive (Mills Act Contract recorded 12/30/13) 2013 Net Tax Valuation: $1,513,730=—$1,589 per year(=10.5%of 1%of$1,513,730) 2014 Net Tax Valuation: $318,100 ='"$334 per year(=10.5%of 1%of$318,100) 2015 Net Tax Valuation: $322,300 =—$338 per year(=10.5%of 1%of$322,300) 2016 Net Tax Valuation:$305,900 =—$321 per year(=10.5%of 1%of$305,900). 2017 Net Tax Valuation:$420,700 =—$442 per year(=10.5%of 1%of$420,700) Address Tax Year - Valuation 1%Tax 10.5%of 1% Tax Delta Years Compared 226 Alice Avenue 2016 $ 768,257 $ 7,683 $ 807 2017 $ 213,100 $ 2,131 $ 224 $ 583 2016 (pre-contract)to 2017 146 Alice Avenue 2016 $ 738,636 $ 7,386 $ 776 2017 $ 261,500 $ 2,615 $ 275 $ 501 2016 (pre-contract)to 2017 155 Alice Avenue 2015 $ 977,649 $ 9,776 $ 1,027 2016 $ 262,900 $ 2,629 $ 276 $ 750 2015 (pre-contract)to 2016 2017 $ 317,400 $ 3,174 $ 333 $ 693 2015 (pre-contract)to 2017 75 N. 2nd Street 2015 $ 991,119 $ 9,911 $ 1,041 2016 $ 281,500 $ 2,815 $ 296 $ 745 2015 (pre-contract)to 2016 2017 $ 384,100 $ 3,841 $ 403 $ 637 2015 (pre-contract)to 2017 61 Catalpa Lane 2014 $ 1,506,809' $ 15,068 $ 1,582 2015 $ 472,500 $ 4,725 $ 496 $ 1,086 2014 (pre-contract)to 2015 2016 $ 449,800 $ 4,498 $ 472 $ 1,110 2014 (pre-contract)to 2016 2017 $ 615,400 $ 6,154 $ 646 $ 936 2014 (pre-contract)to 2017 140 S. Peter Drive 2013 $ 1,513,730 $ 15,137 $ 1,589 2014 $ 318,100 $ 3,181 $ 334 $ 1,255 2013 (pre-contract)to 2014 2015 $ 322,300 $ 3,223 $ 338 $ 1,251 2013 (pre-contract)to 2015 2016 $ 305,900 $ 3,059 $ 321 $ 1,268 2013 (pre-contract)to 2016 2017 $ 420,700 $ 4,207 $ 442 $ 1,148 2013 (pre-contract)to 2017 HISTORIC PRESERVATION BOARD REPORT PUBLIC HEARING: ITEM NO. of•c';MA tea: o6 v �;�'r•;• r CITY OF CAMPBELL•HISTORIC PRESERVATION BOARD Staff tie .Report•JuLY 25,2018 •oReHAao•. PLN2018-169 Mills Act Contract Application for the Historic District property Sujar-Olaf Hanseid located at 167 Alice Avenue ("Percy and Miriam Skiff Dunlap House") Bendiksen STAFF RECOMMENDATION That the Historic Preservation Board take the following action: 1. Recommend that the City Council authorize the City Manager to enter into a Mills Act contract with the property owner of 167 Alice Avenue. BACKGROUND The Mills Act Incentive Program assists property owners of locally-designated historic residential structures to benefit from tax savings in exchange for reinvestment towards the structures' preservation. In 2011, the City Council initiated a three-year pilot program, allowing up to five (5) Mills Act contracts. During this three-year period, the City Council authorized three (3) Mills Act contracts. In 2015, the City Council approved an extension of the Mills Act Incentive Program, allowing a combined maximum of ten Mills Act contracts over the course of the program. There was no time limit put on the allocation of the remaining contracts. To date, the City has entered into six (6) contracts, allowing up to four (4) additional contracts under the current program. The City has also recently received another Mills Act application, potentially reducing the total remaining contracts to two. The application review process is vitally important in order to ensure that the limited number of contracts is awarded appropriately. The Mills Act Contract must be approved by the City Council. The contract has a ten year term that is automatically renewed each year, unless the City or property owner files a notice of non- renewal 60 or 90 days prior to the anniversary date of the contract. If a notice of non-renewal is filed, the existing contract will remain in effect for the remaining balance of the 10-year period. The Mills Act Contract (including all rights and obligations) is binding upon successive property owners for the term of the contract. DISCUSSION Project Site: The subject property is an approximately 7,400 square-foot lot, located on the northern side of Alice Avenue, east of 3rd Street (Attachment 1). The site is currently developed with a one-story California Bungalow style single-family residence, circa 1927. The site is located in the Alice Avenue Historic District in the R-1-6 (Single-Family Residential) Zoning District, and is surrounded by single-family residences. Staff Report—Historic Preservation Board Meeting of July 25, 201 8__ Page 2 of 3 PLN2018-169— 167 Alice Avenue Historic Significance: According to the City's Primary Record of this property (Attachment 2), the Gilbert Newcomb Dunlap Ford Agency was the builder of the home. Furthermore, according -to the Alice Avenue Context Statement, Mr. Newcomb, a well-known carpenter, built the home for his cousin, Mrs. Miriam Skiff Dunlap and her husband Percy (the home's namesake). The Primary Record also indicates that Mr. Gilbert Newcomb worked for many contractors on houses in the area, including architect Ad Whiteside in 1924 on the "new" J.C. Ainsley house, and for Mr. Walker Vaughn after World War II on several subdivisions. In 1984, the property was among the original group of properties listed on the City of Campbell Historic Resource Inventory. In 1987, the City Council designated. Alice Avenue as a Historic District. The Percy and Miriam Skiff Dunlap House is one of 39 homes in the Alice Avenue Historic District'. Current Conditions: The owner has indicated that the house is in "good structural shape" but has also stated that the exterior needs updates including repairing an existing chimney, and installing a new roof, new windows, new paint, and new fencing and landscaping. The owner also notes pest and termite damage. The owner is also in the process of correcting a code enforcement case whereby a garage/workshop was illegally converted to an Accessory Dwelling Unit (ADU) by adding a kitchen and shower without permits2. ADUs are not permitted on lots less than 10,000 square feet in area. The owner will be required to remove the kitchen and the shower, while being allowed to maintain the existing sink and toilet3 as part of a workshop. While an active code enforcement case is not grounds for denial of a Mills Act Contract, the HPB could recommend that the City Council's potential approval be conditioned on the requirement to satisfactorily resolve the issue. Alternatively, the HPB could delay their recommendation until after the code enforcement case is satisfactorily resolved. Proposal: The property owner has applied for a Mills Act Contract for the subject property under the City's Mills Act Historic Property Tax Incentive Program. The application'(PLN2018-169) includes a Schedule and Plan for Maintenance and Treatment of the Historic Property (Attachment 3) and photos of the property (Attachment 4). Selection Criteria: The City's Mills Act Program includes a set of criteria (discussed on the following page) to help the Historic Preservation Board "rank and prioritize" an application before forwarding it to the City Council for their approval. While the criteria are written to compare multiple applications against each other, the criteria can still be useful when a single application comes before the HPB. While there is no requirement to meet all four criteria (e.g., having an economic hardship), 100% of the estimated tax savings shall be used to finance the improvements and property maintenance of the historic resource. ' In addition to the 36 homes on Alice Avenue,the historic district includes one home on the corner of 1st Street and Alice Avenue and two homes on the corner of 3rd Street and Alice Avenue. 2 Based on the real estate listing, it appears that the work took place before the current owner purchased the home. 3 Campbell Municipal Code Section 21.36.020(Accessory structures)allows up to two plumbing fixtures in an accessory structure(e.g.,a workshop). 4 Reference Campbell Municipal Code Section 21.33.150(Incentives for preserving Historic Resources) Staff Report—Historic Preservation Board Meeting of July 25, 201 8- Page 3 of 3 PLN2018-169— 167 Alice Avenue A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will result in the greatest number or value of improvements to the historic property thereby resulting in the greatest benefit to the public. Many of the proposed improvements (e.g., new roof, new windows, new stucco and paint, and new landscaping) would be visible to the public. A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will substantially reduce the threat to the historic property of demolition, deterioration, abandonment, and/or general neglect. Replacement of the roof will prevent water damage to the structure while repair of the dry rot will help strengthen the structure. The maintenance plan also includes new electrical wiring to replace the existing nob and tube wiring to prevent a potential fire hazard. A higher ranking will be given to those applications that demonstrate, in cases of economic hardship, that entering into a Mills Act Historic Property Contract will result in the preservation and maintenance of a historic property.5 While the owner is not considered "low-income" for the purpose of this criterion, the tax saving will provide additional funds towards preservation of the home, that might not otherwise be available. A higher ranking will be given to those applications that demonstrate the highest percentage of the tax savings being used to finance the property maintenance and improvements. The applicant has estimated that the total cost of repairs and general maintenance ($235,750) is approximately 122% of the tax savings over a 10 year period ($191,960). NEXT STEPS Upon a recommendation by the Historic Preservation Board, staff will tentatively present the HPB's recommendation to the City Council at their September 4th meeting. The HPB can recommend: approval; approval with conditions (e.g., resolve the code enforcement case or replace the vinyl framed windows with wood framed windows); continuance of the application to receive additional information from the applicant or staff; or denial of the application (with specific reasons given for the recommended denial). Attachments: 1. Location Map 2. Primary Record 3. Mills Act Application and Maintenance Plan 4. Property Photos Prepared by: ► V101 ha Cindy Mc is ick, Senior Planner, HPB Secretary 5 Although not a required criterion,an applicant must be"low-income"to qualify for a higher ranking due to an "economic hardship"(as evidenced by their most recent tax return),per the supplemental application form. NOTICE ate.®v•C ."<e ri 0 �' 0 � 1� G °RCHAR� CITY OF CAMPBELL Community Development Department July 6, 2018 NOTICE OF PUBLIC HEARING Historic Preservation Board Notice is hereby given that the Historic Preservation Board of the City of Campbell has set the time of 5:00 p.m., or shortly thereafter, on Wednesday, July 25, 2018, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Sujar-Olaf Hanseid Bendiksen for a Mills Act Historic Property Contract for consideration under the Mills Act Tax Incentive Program on property located at 167 Alice Avenue within the Alice Avenue Historic District, The property has a zoning designation of R-1-6H (Single-Family Residential/Historic Overlay). Designation of the property as a Mills Act property would be Categorically Exempt under Section 15331, Class 31 of the California Environment Quality Act (CEQA), pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Historic Preservation Board at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. HISTORIC PRESERVATION BOARD CITY OF CAMPBELL CINDY MCCORMICK SECRETARY PLEASE NOTE: When calling about this Notice, please refer to: 167 Alice Avenue 70 North First Street-Campbell, California 95008-1423-TEL 408.866.2140-FAX 408.871-5140-TDD 408.866-2790 . , Prottct Location Mp ... ,.. .. ., , , 1 .,.. .„ ,,,...:„..., : 4titvr t7 l> tee r -- gi � ;�IP 11 �i - fl ' 111111111111111M91"', ,..c �a .c 1I ng '� ��h � r III r s ite 't' wiN f.urd ,A�P �! l - � av a�a ' ��' a.6 '� k ru i5 a a �MI '' edgNs a p w a A t _iiiiii _ " e, rrAl w nita ' N 2 ru az'!1 'Pi N a . z tht. it il,,,toral o al ,o," �n: . i t 1/4 r rror xlara'r irr - 1fi9N u/tN , 4u a— 4 wii i nC RINCON AVE ,r,;:r r _w?-ems fif' :m,min ,u'lr v .tint'I1;s,�lvra p r rt» '; -: w::;.' - -- k i ii ��1j E R ! W ar a _..... s:...r. 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N I I I Feet Community Development Department I I I FeetA 0 265 . 530 Planning Division ' 1 41106016 41206072 41204072 EARLY JASMINE N AND JUSTIN C TANTILLO GWENDOLYN D TRUSTEE NAVONE MICHAEL 129 S 2ND ST 209 ALICE AVE 235 S 1ST ST CAMPBELL CA 95008-2925 CAMPBELL CA 95008-2903 CAMPBELL CA 95008-2913 41204067 41206079 41206017 PANZER PROPERTIES LLC ET AL SERRANO MARC A AND PATRICIA V NICOLETTI ROBERT A 1297 MOKELUMNE PL 124 WESTWAY APT T3 226 ALICE AVE SAN JOSE CA 95120 GREENBELT MD 20770-1976 CAMPBELL CA 95008-2904 41206019 41204036 41206071 SITEWARE CORPORATION TEMMERMAN LISA H BURROWS GLENDA S TRUSTEE 177 E RINCON AVE 121 GEORGE CT 224 E RINCON AVE CAMPBELL CA 95008-2918 CAMPBELL CA 95008 CAMPBELL CA 95008-2919 41206021 41205060 41204060 ORCHARD COMMUNITY CHURCH CAVALLARO NADINE C TRUSTEE RAMIREZ JASON ANDREW W AND LILIA M ET 157 E RINCON AVE 133 ALICE AVE AL CAMPBELL CA 95008-2918 CAMPBELL CA 95008-2901 116 ALICE AVE CAMPBELL CA 95008-2902 41204063 41206064 41204064 BACHELDER TERRY TRUSTEE GRIM RICHARD M AND ELIZABETH C TALLEY RANDALL R TRUSTEE 150 ALICE AVE TRUSTEE 158 ALICE AVE CAMPBELL CA 95008-2904 340 CAMEO CT CAMPBELL CA 95008-2904 CAMPBELL CA 95008-3609 41204069 41206070 41206062 HARRISON RICHARD W AND MARCELLA L ALFORD ROBERT D AND PATRICIA L KENDALL YVONNE B TRUSTEE&ET AL 204 ALICE AVE TRUSTEE 155 ALICE AVE CAMPBELL CA 95008-2904 2434 W CENTRAL AVE UNIT 190 CAMPBELL CA 95008-2903 MISSOULA MT 59801-5454 41204037 41205080 41206068 THIBODEAU ROGER C TRUSTEE JORDAN LAURA N FISK PATRICIA A TRUSTEE 131 SUNNYSIDE AVE 128 E RINCON AVE PO BOX 834 CAMPBELL CA 95008-4116 CAMPBELL CA 95008-2910 CAMPBELL CA 95009 4,1206057 41206059 41205062 TANTILLO GWENDOLYN D TRUSTEE SCOTT PHILIP L B TRUSTEE MOHAZZABI BORZOYEH ET AL 209 ALICE AVE 177 ALICE AVE P.O.BOX 646 CAMPBELL CA 95008-2903 CAMPBELL CA 95008-2903 LOS ALTOS CA 94023 41205078 41206056 41206065 PRESTON MICHAEL D TRUSTEE&ET AL COSTANZO RICHARD•P AND JACQUELINE J HAM DAVID ET AL 133 BOTHELO AVE ET AL PO BOX 1328 MILPITAS CA 95035 227 ALICE AVE CUPERTINO CA 95015 CAMPBELL CA 95008-2903 • 41204038 41204061 41204100 THIBODEAU ROGER C TRUSTEE SMITH MONTE E TRUSTEE MA LIQIANG AND LIU HONGRUI 131 SUNNYSIDE AVE 136 ALICE AVE 117 SUNNYSIDE AVE CAMPBELL CA 95008-4116 CAMPBELL CA 95008-2902 CAMPBELL CA 95008 412'05057 �.1204065 --'41205079 SCHWOOB KARL AND CHRISTI HOUSTON JERRY D TRUSTEE&ET AL BREDENOORD JOHN H 138 E RINCON AVE PO BOX 1637 118 E RINCON AVE CAMPBELL CA 95008-2910 LOS GATOS CA 95030 CAMPBELL CA 95008-2917 41206058 41204066 41204068 EDWARDS SHELBY ET AL PEARCE LEON B TRUSTEE&ET AL CORDOVA JULIE M 199 ALICE AVE 176 ALICE AVE 198 ALICE AVE CAMPBELL CA 95008 CAMPBELL CA 95008-2904 CAMPBELL CA 95008-2904 41205061 41206060 41204041 LEE JASON M AND KRISTINE SCOTT PHILIP L B TRUSTEE THIBODEAU ROGER C TRUSTEE 119 ALICE AVE 177 ALICE AVE 131 SUNNYSIDE AVE CAMPBELL CA 95008-2901 CAMPBELL CA 95008-2903 CAMPBELL CA 95008-4116 41205082 41206061 41204040 MRAVCA SAMANTHA R BENDIKSEN SJUR-OLAF HANSEI AND MARJA CAMPBELL BAPTIST CHURCH 133 S 3RD ST LEIGH 151 SUNNYSIDE AVE CAMPBELL CA 95008-2927 167 ALICE AVE CAMPBELL CA 95008-4116 CAMPBELL CA 95008-2903 41204039 41204071 41243005 HASBROOK PAUL J AND CARLY M ET AL NICOLETTI ROBERT A HINES GEORGE W TRUSTEE 175 SUNNYSIDE AVE 226 ALICE AVE 16731 HICKS RD CAMPBELL CA 95008-4116 CAMPBELL CA 95008-2904 LOS GATOS CA 95032-6605 41206063 41205058 41204070 RANDOL JAMES F AND HEATHER L TRUSTEE MADSON CLAYTON S AND SINOR AUDREY A BOYD JOANN E ET AL 18372 ALCALA CT TRUSTEE 7820 WHITEHURST DR MORGAN HILL CA 95037 117 SPINEL CT GILROY CA 95020 ROSEVILLE CA 95747 41206067 41206020 41206080 PAYNE NANCY J ORCHARD COMMUNITY CHURCH LANGFORD RAYMOND E AND PENA- 186 E RINCON AVE 157 E RINCON AVE LANGFORD MARA CAMPBELL CA 95008-2919 CAMPBELL CA 95008-2918 180 E RINCON AVE CAMPBELL CA 95008-2919 41205059 41205081 41206018 HENRY CRAIG A AND OGEE JO ANN SAYAD HELEN TRUSTEE BOLOT JEAN C AND WU LINDA X TRUSTEE 131 S 3RD ST 656 GIRALDA DR 189 S 3RD ST CAMPBELL CA 95008-2927 LOS ALTOS CA 94024-3825 CAMPBELL CA 95008-2929 41206055 41206069 41204062 KIRK PATRICK P AND ELEANORE L TRUSTEE FISK PATRICIA A TRUSTEE GRANDIA RON AND MONICA ET AL 1546 MONTALBAN DR PO BOX 834 146 ALICE AVE SAN JOSE CA 95120-4829 CAMPBELL CA 95009-0834 CAMPBELL CA 95008-2902 oV°ems O ORCHAO. CITY OF CAMPBELL Community Development Department June 8, 2018 NOTICE OF PUBLIC HEARING Historic Preservation Board — ---- Notice is hereby given that the Historic Preservation Board of the City of Campbell has set the time of 5:00 p.m., or shortly thereafter, on Wednesday, June 27, 2018, in the City Hall Council Chambers, 70 North First Street, Campbell, California, for a Public Hearing to consider the application of Sujar-Olaf Hanseid Bendiksen for a Mills Act Historic Property Contract for consideration under the Mills Act Tax Incentive Program on property located at 167 Alice Avenue within the Alice Avenue Historic District, The property has a zoning designation of R-1-6H (Single-Family Residential/Historic Overlay). Designation of the property as a Mills Act property would be Categorically Exempt under Section 15331, Class 31 of the California Environment Quality Act (CEQA), pertaining to projects involving the maintenance, rehabilitation, restoration, preservation, or reconstruction of historical resources. Interested persons may appear and be heard at this hearing. Please be advised that if you challenge the nature of the above project in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this Notice, or in written correspondence delivered to the City of Campbell Historic Preservation Board at, or prior to, the Public Hearing. Questions may be addressed to the Community Development Department at (408) 866-2140. In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the Council Chambers. If you require accommodation, please contact the Community Development Department at (408) 866-2140, at least one week in advance of the meeting. HISTORIC PRESERVATION BOARD CITY OF CAMPBELL CINDY MCCORMICK SECRETARY PLEASE NOTE: When calling about this Notice, please refer to: 167 Alice Avenue 70 North First Street-Campbell, California 95008-1423-TEL 408.866.2140- FAX 408.871-5140-TDD 408.866-2790 Prject Location Ap .,.1' �6( kly;,w��"tY}C i . ❑ J z n�i apu1) „, .,,,, ., . . .,„„„,,,,,,,,a.„,„„„,,,,i,„,„,,,,,,,,,,,,,,..,,,,,,,,,,,,,,,,,,, - , '(---':::' : , "1b F N ra „ . .,,,,,,,-„,,,,,,,4„,,,,,,,.„,,,,,,,,,,„,,, .,,,,,,,,,,,,,,,„Alt k:, f arat UN:a� (P s 1 H N i 1 tt xi r�Y .;>y Es 'L >jr 1 .li*! 44„v o a i . ..W f. 1 %� s" 7 §: ,N ", w t 9� ! 1 A T�; L pk.n� , 0 s _ is N . a a 'Crr M1i' 9h k( ' s 1 "K7 qa U} v, F 'v 11 N � h* 1 sl f r a n 'wi�fk �1 4 u ��''',A.---.' lxi�- b��� 4 j 0 G �,w1 �PrFroI:IP ; a m 001t ¢�PrP - SD . �� m � Va3ifu ,P" •.. ns'ilA m ..nJl:l;, P.h i. p '� • RINCON AVE sr.l;It �O ' : ,1 l IOx }j � tlI ( .lt ` t s 7 � I {.r q& 4 1 VPv Piiiias tvAuG4w a wl Gt z p l ri, d 1�r '- J akr` r Iafu ✓ c p 1i '011,';',j,i:M:'''' 44, IIaa' 6 10g � d t' G, ' Id ,Q1R.,^4f 11 jid 16;''' b i' ,,,,,aczr 1 3 ;5 c 7 vv" 1 e 0, {a 1 Iis ,',-,44;50,iih, d � "," 'v wi pu1 a II.r '� lll a eS I" a Om: I k' 0n11 i � aN 11 t-:;➢lI d 1 � 1,' 1 aN ; P u ' a ' r !1 s f' � � a,„ ' L � I �h„P " 1j 1P _S x ` P a1 Project Site . 1 -,,'''..;'''-7' -. -',--.. -;-''"r t--,:,';'7'' „ ..,,,,,-- -,;;:iztil;04,'''''.77-'- a"fang ,..,,..,:',*....;0I I: l �rl 1 , IC��} - it µl�Il�tit IIP �I�� Ik s 7a 1,1 Ips�l a' ,, k�tf� a �1 o', tl l . r.7� �&'+ ,"P Ce atl" i �'. 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( -.� Sr.` t SUNNYSIDE AVE 9A; /W"',,t ,,r�R,.,/ Project Location: 167 Alice Avenue A 41/a Application Type: Mills Act Contract ` "`' Planning File Noe: PLN2018-169 ,, "°`'` y °`� r Nc:,, ,gx•,• Community Development Department Feet Planning Division 0 265 530 41206016 41206072 41204072 EARLY JASMINE N AND JUSTIN C TANTILLO GWENDOLYN D TRUSTEE NAVONE MICHAEL 129 S 2ND ST 209 ALICE AVE 235 S 1ST ST CAMPBELL CA 95008-2925 CAMPBELL CA 95008-2903 CAMPBELL CA 95008-2913 41204067 412'06079 41206017 PANZER PROPERTIES LLC ET AL SERRANO MARC A AND PATRICIA V NICOLETTI ROBERT A 1297 MOKELUMNE PL . 124 WESTWAY APT T3 226 ALICE AVE SAN JOSE CA 95120 GREENBELT MD 20770-1976 CAMPBELL CA 95008-2904 41206019 41204036 41206071 SITEWARE CORPORATION TEMMERMAN LISA H BURROWS GLENDA S TRUSTEE 177 E RINCON AVE 121 GEORGE CT 224 E RINCON AVE CAMPBELL CA 95008-2918 CAMPBELL CA 95008 CAMPBELL CA 95008-2919 • 41206021 41205060 41204060 ORCHARD COMMUNITY CHURCH CAVALLARO NADINE C TRUSTEE RAMIREZ JASON ANDREW W AND LILIA M ET 157 E RINCON AVE 133 ALICE AVE AL CAMPBELL CA 95008-2918 CAMPBELL CA 95008-2901 116 ALICE AVE CAMPBELL CA 95008-2902 41204063 41206064 41204064 BACHELDER TERRY TRUSTEE GRIM RICHARD M AND ELIZABETH C TALLEY RANDALL R TRUSTEE 150 ALICE AVE TRUSTEE 158 ALICE AVE CAMPBELL CA 95008-2904 340 CAMEO CT CAMPBELL CA 95008-2904 • CAMPBELL CA 95008-3609 41204069 41206070 41206062 HARRISON RICHARD W AND MARCELLA L ALFORD ROBERT D AND PATRICIA L KENDALL YVONNE B TRUSTEE&ET AL 204 ALICE AVE TRUSTEE 155 ALICE AVE CAMPBELL CA 95008-2904 2434 W CENTRAL AVE UNIT 190 CAMPBELL CA 95008-2903 MISSOULA MT 59801-5454 41204037 41205080 41206068 THIBODEAU ROGER C TRUSTEE JORDAN LAURA N FISK PATRICIA A TRUSTEE 131 SUNNYSIDE AVE 128 E RINCON AVE PO BOX 834 CAMPBELL CA 95008-4116 CAMPBELL CA 95008-2910 CAMPBELL CA 95009 41206057 41206059 41205062 TANTILLO GWENDOLYN D TRUSTEE SCOTT PHILIP L B TRUSTEE MOHAZZABI BORZOYEH ET AL 209 ALICE AVE 177 ALICE AVE P.O.BOX 646 CAMPBELL CA 95008-2903 CAMPBELL CA 95008-2903 • LOS ALTOS CA 94023 41205078 41206056 41206065 PRESTON MICHAEL D TRUSTEE&ET AL COSTANZO RICHARD P AND JACQUELINE J HAM DAVID ET AL 133 BOTHELO AVE ET AL PO BOX 1328 MILPITAS CA 95035 227 ALICE AVE CUPERTINO CA 95015 CAMPBELL CA 95008-2903 • 41204038 41204061 41204100 THIBODEAU ROGER C TRUSTEE SMITH MONTE E TRUSTEE MA LIQIANG AND LIU HONGRUI 131 SUNNYSIDE AVE 136 ALICE AVE 117 SUNNYSIDE AVE CAMPBELL CA 95008-4116 CAMPBELL CA 95008-2902 CAMPBELL CA 95008 41205057 41204065 41205079 SCHWOOB KARL AND CHRISTI HOUSTON JERRY D TRUSTEE&ET AL BREDENOORD JOHN H 138 E RINCON AVE PO BOX 1637 118 E RINCON AVE CAMPBELL CA 95008-2910 LOS GATOS CA 95030 CAMPBELL CA 95008-2917 41206058 41204066 41204068 EDWARDS SHELBY ET AL PEARCE LEON B TRUSTEE&ET AL CORDOVA JULIE M 199 ALICE AVE 176 ALICE AVE 198 ALICE AVE CAMPBELL CA 95008 CAMPBELL CA 95008-2904 CAMPBELL CA 95008-2904 41205061 41206060 41204041 LEE JASON M AND KRISTINE SCOTT PHILIP L B TRUSTEE THIBODEAU ROGER C TRUSTEE 119 ALICE AVE 177 ALICE AVE 131 SUNNYSIDE AVE CAMPBELL CA 95008-2901 CAMPBELL CA 95008-2903 CAMPBELL CA 95008-4116 41205082 41206061 41204040 MRAVCA SAMANTHA R BENDIKSEN SJUR-OLAF HANSEI AND MARJA CAMPBELL BAPTIST CHURCH 133 S 3RD ST LEIGH 151 SUNNYSIDE AVE CAMPBELL CA 95008-2927 167 ALICE AVE CAMPBELL CA 95008-4116 CAMPBELL CA 95008-2903 41204039 41204071 41243005 HASBROOK PAUL J AND CARLY M ET AL NICOLETTI ROBERT A HINES GEORGE W TRUSTEE 175 SUNNYSIDE AVE 226 ALICE AVE ' 16731 HICKS RD CAMPBELL CA 95008-4116 CAMPBELL CA 95008-2904 LOS GATOS CA 95032-6605 41206063 41205058 41204070 RANDOL JAMES F AND HEATHER L TRUSTEE MADSON CLAYTON S AND SINOR AUDREY A BOYD JOANN E ET AL 18372 ALCALA CT TRUSTEE 7820 WHITEHURST DR MORGAN HILL CA 95037 117 SPINEL CT GILROY CA 95020 ROSEVILLE CA 95747 41206067 41206020 41206080 PAYNE NANCY J ORCHARD COMMUNITY CHURCH LANGFORD RAYMOND E AND PENA- 186 E RINCON AVE 157 E RINCON AVE LANGFORD MARA CAMPBELL CA 95008-2919 CAMPBELL CA 95008-2918 180 E RINCON AVE CAMPBELL CA 95008-2919 41205059 41205081 41206018 HENRY CRAIG A AND OGEE JO ANN SAYAD HELEN TRUSTEE BOLOT JEAN C AND WU LINDA X TRUSTEE 131 S 3RD ST 656 GIRALDA DR 189 S 3RD ST • CAMPBELL CA 95008-2927 LOS ALTOS CA 94024-3825 CAMPBELL CA 95008-2929 41206055 41206069 41204062 KIRK PATRICK P AND ELEANORE L TRUSTEE FISK PATRICIA A TRUSTEE GRANDIA RON AND MONICA ET AL 1546 MONTALBAN DR PO BOX 834 146 ALICE AVE SAN JOSE CA 95120-4829 CAMPBELL CA 95009-0834 CAMPBELL CA 95008-2902 APPLICATION • CITY OF CAMP6. ..' MILLS ACT PROPERTY-TAX INC11VE:PROGRAM APPLICATION FORM Submit to City of cam:ppou Planning DivisiO9,70 N. First Street,.Campbell, CA 95008; (408)8662140 i ) Please complete:the information.below:and attach:supplemental information as required. A site plan and supplemental.information, and the applicable application fee as shown on the back of this application form must:accompany all applications. If you have questions regarding-this application formv the application process; or general planning questions, please do not hesitate to contact the Planning Division at the, address and:phone number shown above Office hours are Monday-:Friday, 8 A:.m.-noon and 'I p.m.- 8p..m.(Please note Planning counter is closed during the lunch hour). . . ... . ... .. ' .e6;;APPLEICANT/OWNER/AGENT FA . . . Applicant's Name*: Sjur-Olaf Hanseid Bendiksen-& Marja Bendiksen Mailing Address: 167 Alice Avenue : City: Campbell ST: Zip: 95008 Phone:- 650 575 5357 Fax: '. Email: hanseidbendiksen@gmail.com : •Owner of'Property-Name(if not applicanft: Mailing Address: : : City: :ST: :",.:Zip: " PhOne: - • ] Fax: ' : Email::: *If there is more than one applicant or owner please list on an attached sheet ' .. .' , ' .'. lb. PROJECT LOCATION 06 •,.,. . (1)Street/Site Address: :167 Alice Avenue . : . Assessors Parcel:Number(s): 412-06-061 MStreet/Site:Address: : Assessor's Parcel Number(s): L •.. -, . - ... fo'w PROJECT DESCRIPTION.47, . 1 • • . ' •_. . . ' (Please provide a project descriPtion,attach additional sheets as necessary): See attachments starting on page 9 onwards. : • ::. .: . . •; ao OWNER'S AUTHORIZATION.4% . . . . .. . , I hereby authori2e the City of Campbell tO process this application, and I authorize the City of Campbell to enter upon the property described herein as reasonably necessary to evaluate the project: I have completed; -or reviewed this application and any "Supplement to Application"forms and know that the contents thereof are true and accurate to my own:knowledge and I assume all responsibility for their accuracy. (1)Property Owner e Signature: . : Date: 1-S1 ( --( . 46D-- -4-..--RJ , ,, Giisits1 2 1. )Property Owners Signature*: s---A__,u- - -- Date: *If more than one property.or property owner is involved,please include owner's authorization for all additional properties I : • : : . : : • ' ' AP STAFF USE-6 :2".., : : 1. : • '" Assigned Case No.s: Zone Designation: I 1— —(2 CID Assigned Planner . • . General Plan:Designation:. I-Oht . 11c3 •WC-04'4 • Revised 8/6/2012 : : 167 ALICE AVENUE CAMPBELL DOWNTOWN _ Giant si zi.,, ti n Civic Ca a r" W Campbell Ave _c1 i - ,: -: 1 o chard City qoF John D. R con Ave 71 E R1nr A `' + organ Park pi% Ungdomsskole o Ne Campbell School Alice Ave of Innovation side Ave 1, Avalon Campbell 9 , - 4Kennedy Ave El Caminito Ave Budd Ave Street View !Santee fie ell Plaza • • TABLE OF CONTENT 1. APPLICATION FORM 2. 167 Alice Avenue a. History and background Page 3 b. Key areas of proposal Page 4 3. APPLICATION SUPPLEMENTAL FORM#1 Priority Consideration Worksheet#1-#4 Page 5 4. APPLICATION SUPPLEMENTAL FORM #2 Proposed Schedule and Plan for Maintenance and Treatment a. Current situation and proposed solutions Page 9 b. Time line and budget overview Page 14 5. APPLICATION SUPPLEMENTAL FORM#3 Property Tax Adjustment Worksheet Page 15 6. OTHER DOCUMENTS a. Property Deed b. Site Plan c. Property Tax Bill 7. PHOTOGRAPHS a. Exterior Page 20 b. Interior Page 27 8. Property Damages Page 37 9. Historical Paint Catalog 10. Contribution Disclosure Form 11. Department of Parks and Recreation, Primary record 167 Alice Avenue 2 • 167 ALICE AVENUE .44 J ti N r wa IP i _ �.�.�.-_-._ ., Mr. Dunlop was the owner/builder of the house built in 1922. He was a local builder who built several homes in the neighborhood. The house is a California Bungalow with a characteristic roof style and was built during the transition from the ornate Victorian design, to the more refreshing Bungalow style inspired by Bungalows built by the Brits in India during the mid-nineteenth century. The characteristic of the Bungalow style is its simple design, sparse decorations and natural materials. The home features stucco walls, which with its warm and informal look makes for an inviting feel, but also in dire need of an upgrade. The home is painted in appropriate Jazz-age colors of grey, red and white, typical for the time period. There is a brick chimney, which was also common for the time period, and adds to a rustic and charming street view. The exterior of the house has much of the original design, however due to lack of maintenance there's to some deterioration and urgent maintenance needed. The front of the house features a side-facing porch/entry which we believe has been added to the house over the years, it also used to have an entry at the back of the house, and a porch, which has been changed and removed over the years. The home is in generally good condition, but there are several items that need repairs, fixes and preventative measures. The exterior stucco needs to be reapplied, new paint is needed, and exterior trims have dry rot and termite damage that require replacement, all done by experts that are able to keep the homes historical appeal and style. The current drive way is one long slab of concrete, and we'd like to create a ribbon driveway that was popular in the 1920s and something we imagine that the home once had. 167 Alice Avenue 3 • • Below are some of the changes we're proposing that will yield an immediate benefit and impact for neighbors and pedestrians as they pass by our home and Alice Avenue, in the following pages we've gone into great detail about the various projects identified and their costs, a complete project timeline can be found on page 10. • Roof The roof is in dire need of a replacement, and as the roof is the main architectural asset in a Bungalow style house, we'd love to bring back the original roof color of the house. • Windows Several of the windows have been replaced over the years, but not with the same style as the original. Windows are equally important when it comes to the interior and exterior, and we're looking to replace the windows with new dual pane windows (that are up to current code when it comes to energy efficiency) and that are as close as possible to the style and design (such as replicating the mullions e.g.) of the original windows to further improve the street view of the home, thus further improve the public benefit. • Landscaping We'd like to improve the garden and drive way to make it drought efficient, as well as find ways of reducing the visibility of the existing concrete in the driveway by introducing a ribbon driveway. We'd also like to plant a new fruit tree in the front to further testament the house to its former heritage. We've absolutely fallen in love with Alice Avenue, and our goal is to ensure that our home is well maintained, safe and secure for our growing family, and if Mr. Dunlop were to walk by or enter the home, he would be proud of his fabulous work, how we've maintained it and put our personal touch on this magnificent house. 167 Alice Avenue 4 APPLICATION SUPPLEMENTAL FORM #1 Priority Consideration Worksheet #1 A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will result in the greatest number or value of improvements to the historic resource and property thereby resulting in the greatest benefit to the public. Explain what improvements are proposed for the historic resource and property and how you believe that completing those improvements will be a public benefit: The house has been neglected when it comes to maintenance over the years and as the new owners we'd like to change this going forward. The original owner, Mr Dunlop,built the home, just like many of his neighbors did at that time, and is why Alice Avenue is such a special and charming street. We've listed numerous improvements to the home, which will help preserve the house as a historical landmark, and to benefit the public, being residents or visitors walking by in this very special part of Campbell. 167 Alice Avenue 5 • • APPLICATION SUPPLEMENTAL FORM #1 Priority Consideration Worksheet #2 A higher ranking will be given to those applications that demonstrate that entering into a Mills Act Historic Property Contract will substantially reduce the threat to the historic resource and property of demolition, deterioration, abandonment, and/or general neglect. Explain the physical state of the historic resource and property and how you believe the proposed improvements will prevent the demolition, deterioration, abandonment and general neglect of the historic resource and property: In general the house is in good structural shape with"old bones", the exterior needs updates as explained in the previous section. There is pest and termite damage, which has been neglected and needs to be taken care of, and subsequently repairs and maintenance. One side of the house is lacking paint maintenance, and need to be painted and repaired, which will preserve the original wood. The roof is in dire need of a replacement. A fence is falling apart and needs immediate maintenance. Windows need replacement due to cracks and dry rot. The chimney needs to be fixed,the garden and general landscaping needs to be maintained. All in all what one can expect from an holder home, and one can also expect an increase in wear-and-tear improvements over the coming year as we learn the in and outs of the home. The Mills Act tax savings will be an important offset to help with maintenance over the coming years. By entering into a MAHP contract we will be able to invest a substantial amount of funds to correct these neglects, and upkeep the property to the delight and value for all, public, neighbors and our family. 167 Alice Avenue 6 APPLICATION SUPPLEMENTAL FORM #1 Priority Consideration Worksheet #3 A higher ranking will be given to those applications that demonstrate, in cases of economic hardship, that entering into a Mills Act Historic Property Contract will result in the preservation and maintenance of a historic resource and property. Explain how you believe you have, or qualify as having, an economic hardship: We are a young and new established family with a two-year-old daughter, and a second daughter arriving in June. Marja is a local, born and raised in San Jose, with both her mother living in Campbell and father on the border to San Jose, this is a move to come closer to her family. Sjur- Olaf is a native Norwegian, and with his family being far away we need space when they are visiting their grandchildren and us. As we all know, the housing market is extremely competitive, and we've gone to extreme steps to make Alice Avenue our future residence, and we're super excited to move in and make it"home"! It was really because of the historical and well-kept neighborhood that made this our destination. We see it is as incredibly important to take our share of the responsibility to preserve and maintain the property it deserves, and this will take its toll on our financial situation. With the new tax reform for 2018 and the removal of some critical deductions, and with a second child on the way, we are really stretching our budget every month. We can afford the mortgage with a tiny margin, but with the high costs in Silicon Valley, day care for two children, and with the removal of property tax deduction, we will have hardship in making this go around. Despite our tax returns not qualifying us for low income, reality is that we are investing our future in this home, and Alice Avenue, and we're willing to invest in the public benefit of up keeping a historical home, despite the economical hardship in doing so; its worth it for generations to come. 167 Alice Avenue 7 APPLICATION SUPPLEMENTAL FORM #1 Priority Consideration Worksheet #4 A higher ranking will be given to those applications that demonstrate the highest percentage of the tax savings being used to finance the property maintenance and improvements. Describe what percentage of the estimated tax savings you intend to reinvest into the property and structure to finance the improvements: Given the amount of neglect and improvements needed we will be investing 100% (and more) of the tax savings into the property with the identified projects, a substantial amount out of pocket. Our goal is for our home to stand for another 100 years or more, and we're sure there will be many more projects identified over the next 10 years that will add to the total. 167 Alice Avenue 8 • I APPLICATION SUPPLEMENTAL FORM #2 Proposed Schedule and Plan for Maintenance and Treatment The total cost of identified projects below, on the lower end, is approximately $235,750 over the next 10 years. As we've recently purchased the home, we're anticipating a number of other projects in addition to the ones identified here that will increase the esthetics and charm of the house, not only for us, but also for our neighbors and the community as a whole. Below is the detailed information regarding the Proposed Schedule and Plan for Maintenance and Treatment of 167 Alice Avenue, also the proposed 10 year plan. 1. Garden To upkeep with the street and the historical district, engaging a gardener to maintain the front and backyard, especially tree maintenance and potentially an arborist to ensure fruit trees are pruned and well kept. Cost is expected to be $1,200 annually, and $400 every 3 years for pruning. 2. Driveway The current driveway lacks maintenance and has cracks and damage Proposal: We'd also like to reintroduce a ribbon driveway,to have it blend in and bring back the historical charm and connect the front and back of the property seamlessly together the added beauty of the grass where there is now just one large block of concrete running from the street to the garage in the back. Cost is expected to be around $6,500 3. Annual Maintenance and Repairs As we move into the house and learn about its condition in more detail we anticipate an annual cost of about $6,000 for miscellaneous maintenance and repair costs for the first 3 years, after that we hope that it will be reduced to $3,000 a year. 4. Chimney Inspection/Clean Current chimney/fireplace is not in use, former owner states that it is working but has not been inspected nor cleaned for many years. Proposal: We'd like to do have it inspected and cleaned, and potentially upgrade the exterior for any cracks and damage as this is a great asset, not only for the living room, but as a timeless feature of the house that is visible from the street. Cost is expected to be $2,500 167 Alice Avenue 9 5. Column—Replace There is some termite damage, after further inspection, some columns might need to be repaired or replaced. Cost is expected to be $2,500 depending on the extent of damage discovered. 6. Dry—Rot Replace/Repair There are spots and areas that have dry-rot that need repairs. No estimate, but most likely $2,000+ 7. Electrical—Rewire The house still has knob &tube wiring that needs to be replaced, and the system needs to urgently be brought up to code for safety reasons. Proposal: We'd like to replace all outlets and all wiring will be corrected and brought up to code, new circuits will be installed to ensure a safe electrical system to prevent potential hazards and fire. Cost has been quoted to $20,000 8. Fence—New The eastern fence needs an upgrade, and there are a few sections of the western fence that need to be added as parts are missing. Proposal: Replace fence, expected to be a split cost between the neighbors and us. Total cost is expected to be approx.. $3,000/2 = $1,500 9. Flooring—Replacement The existing floor is at least 20 years old, and has water damage and cracks. Proposal: We will be replacing the floors with a new wood floor that will match the style of the house and it will run from the entrance throughout the house, including the kitchen. Cost is expected to be $8,000 10. Foundation—Repairs There are some cracks that need to be patched and fixed, and over time we will probably look into a full inspection/upgrade of the foundation. Cost is expected to be $1,500 167 Alice Avenue 10 11. Plumbing—Repairs/Improvements Plumbing in the crawlspace needs repairs and improvements. Proposal: We will upgrade and ensure the plumbing is correct throughout the house. Cost is expected to be $8,000 12. Repair Exterior Stucco The former owner patched the stucco, and painted some areas of the house, whereas other areas have not been painted in many years, especially towards the west side of the house, which has cracks and stucco damage. Proposal: Stucco needs to be reapplied in several areas, and unfortunately when applying stucco it is not very forgiving when it comes to patchwork, and we foresee a complete stucco application within the next 5 years, this will include an update to the current colors matching it to the appropriate Jazz age color scheme (see paint information attached from Kelly Moore). Roof trims and boards also need to be repaired and painted, and partially replaced, incl. gutter. Cost is expected to be $20,000 13. Repair Garage There is termite damage that needs to be fixed as well as minor improvements needed. Proposal: We will replace/repair door and trims, in addition to several other elements of the garage that are due for an upgrade due to poor maintenance over the years. Cost is expected to be $2-3,000 14. Roof—Strip and Install new The existing roof is estimated to be 20+years old, due to poor workmanship and choice of materials the roof is in need of replacement. Over the years the shingles have been patched on top of the older roofs, requiring a complete roof replacement including water barrier, underlayment, new vents and flashings. Proposal: Replace roof on dwelling as well as garage to match asphalt shingles, and upkeep the street impression and unity between the two buildings. The hipped gable roof is unique and we'd like to ensure that it makes a statement by ensuring its quality and visual appeal and bring it back to its original beauty. Cost is quoted to $31,000 167 Alice Avenue 11 15. Fumigation There is termite damage on house and the garage that requires fumigation. Proposal: We will tent both the house and garage to ensure that the problem is eliminated, and there might be additional treatments necessary to stay on top of the problem. We expect a maintenance visit from the exterminator every 2nd year. Cost is expected to be $8,605 16. Windows—Replacement in kind The house has a mix of old and new windows, with the front facing windows being double-hung sash with mullions. Out of the four windows facing the street, one of them is in vinyl and the large front window is an aluminum insert. Throughout the house the windows are of mixed quality and condition with some of them having cracks, and they are all single pane. Proposal: Replace street facing windows with in-kind double-hung sash wood products that were the style of choice for Bungalow-style homes. For all windows facing the street we will be replacing the windows with Marvin Wood Ultimate windows, which has the historical look and feel of the build period (and replacement in-kind) and are all wood. The windows facing the driveway will have an extruded aluminum clad added to the exterior to protect for the weather and reduce maintenance. All colors will match the current color scheme, and have inlay mullions that are consistent throughout the house. At the back of the house where there is a newer addition and towards the west(where all windows are facing a 7ft fence) of the house, we will install Marvin Wood Integrity windows,they will be in the exact same look and style as the front windows to keep the consistency but with a more weather resistant exterior. All windows are from a local specialist, Campbell Windows and Fireplace, which have done other jobs on Alice Avenue and are familiar with historical homes. Cost is expected to be around $29,000 not including interior and exterior finish. 17. Gutter cleaning Up keep of the roof and avoid water damage on roof and trims. Proposal: Biannually cleaning at $150 per occurrence. 167 Alice Avenue 12 18. Cellar upgrade The current cellar is partially renovated Proposal: We'd like to improve the cellar and upgrade the original workshop room that it once was used as. Currently there is an old desk that is believed to be from the 1920s and we'd like to look into restoring it and make it a useable space for crafts and arts. Cost is expected to be around $20,000 over an 8-year time span. 19. House Painting Interior Interior needs improvements and updates. Proposal: Paint interior walls, ceilings and trims with Jazz-age inspired earthy colors. Cost is expected to be around $9,000 over the next 3 years. 20. Sidewalk repairs & Improvements The sidewalk lacks maintenance and has cracks and damage Proposal: Improve cracks and damage,potentially pour new concrete, and bring up to good standard. Cost is expected to be around $1,500. 167 Alice Avenue 13 Proposed Schedule and Plan for Maintenance and Treatment of 167 Alice Avenue. Repairs/Improvements Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 1 Garden/landscaping 1,600 1,200 1,200 1,600 1,200 1,200 1,600 1,200 1,200 1,600 2 Driveway 5,000 1,500 500 3 Annual Maintenance and Repair 6,000 6,000 6,000 3,000 3,000 3,000 3,000 3,000 3,000 3,000 4 Chimney Inspection/Clean 100 2,500 100 300 100 100 300 100 100 300 5 Column - replace 2,500 6 Dry-Rot Replacement/Repair 1,000 1,000 500 500 7 Electrical- Rewire 20,000 8 Fence- New 1,500 _ 150 150 9 Flooring- Replacement 8,000 10 Foundation- Repairs 1,500 1,500 500 11 Plumbing-Repairs/Improvements 8,000 1,000 12 Repair Exterior Stucco/House Paint 10,000 10,000 5,000 13 Repair Garage 2,000 500 500 500 14 Roof-Strip and Install new 31,000 15 Fumigation 8,600 16 Windows- Replacement in kind 12,500 12,500 17 Gutter Cleaning 150 150 150 150 150 18 Cellar Upgrade 7,500 5,000 2,500 5,000 19 House Painting Interior 4,000 5,000 20 Sidewalk repair & improvements 1,500 Total 60,450 67,200 18,450 28,400 20,100 10,800 5,050 10,450 4,450 10,400 Total over 10 years 235,750 167 Alice Avenue 14 • • APPLICATION SUPPLEMENTAL FORM #3 Property Tax Adjustment Worksheet Below is a simplified process for obtaining the estimated Mills Act Historic Property tax savings. Please be aware that the assessed value you determine here is an estimate only and will not necessarily be the value determined by the Assessor. The Assessor assesses the property annually using values that will likely change from year to year; therefore, the assessed property taxes may change from year to year. Instructions Value Notes ANNUAL PROPERTY INCOME Even if the property is owner-occupied, an Line1 Monthly Rental Income estimated monthly rental income is needed as a $ 3,500 basis for this worksheet. Multip Line2 Annual Rental Income 12(months)Linet by $ 42,000 ANNUALOPERATING INCOME Do not include mortgage payments or property taxes. Provide back-up documentation where applicable. Where applicable, include expense of on-site Management manager's unit and 5%off- Line3site management fee; and describe other $ 2,100 management costs. Line4 Insurance $ 2,000 Fire, Liability, etc. Line5 Utilities $ 3,000 Water, Gas, Electric Form #3 - Page 1 of 2 Property Tax Worksheet • • Instructions Value Notes Maintenance includes: painting, plumbing, electrical, gardening, Line6 Maintenance cleaning, mechanical, heating repairs, and structural repairs. All costs should be recurring $ 8,000 annually. Line? Other Operating $ 800 Security, services, etc. Expenses Line8 Total Expenses Addlines3through 7 $ 19,900 NET OPERATING INCOME Line9 Net Total Line2 minusLine8 $ 26,100 CAPITALIZATION RATE As determined by the State Line10 Interest Rate 6.0% (for year 2005) 6.0 % Board of Equalization for the specified year. Owner occupied one- Line11 Risk Rate family home=4% All other property=2% 4 0/0 Line12 Property Tax Rate 1% 1.25% (2018) Line13 Depreciation Rate 3.3% 3.3 Line14 Total Capitalization Rate Add lines 10 through 13 14.55 % NEW ASSESSED VALUE Line15 Mills Act Assessed Value Line9 divided by Line14 $ 1793 NEW TAX ASSESSMENT General tax levy only- do not include voted Line16 Current Tax indebtedness or direct $ 19,375 assessments Line17 Tax Under Mills Act Line 15 times.01(1%) $ 179 Line18 Estimated Tax Line16 minus Line 17 Reduction $ 19,196 Form #3 - Page 2 of 2 • • Attachment B Page 2 Contribution Disclosure Form TO BE FILLED OUT BY APPLICANT I. [X) IF CONTRIBUTIONS TOTALING$250 HAVE NOT BEEN MADE,CHECK HERE,AND SIGN BELOW IN SECTION III. II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING$250 OR MORE HAVE BEEN MADE. NAME: ADDRESS: ZIP: TELEPHONE NO: LIST COMMISSION MEMBER(S)TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING$250 OR MORE,AND THE DATES OF THOSE CONTRIBUTIONS. NAME: CONTRIBUTOR: (if other than yourself) DATE(S): AMOUNT(S): NAME: CONTRIBUTOR: (if other than yourself) DATE(S): AMOUNT(S): NAME: CONTRIBUTOR: (if other than yourself) DATE(S): AMOUNT(S): III. SIGNATURE cia) DATE: l Cl7 ignature of pplicant/Agent V-A7t Rvsd. 8/27/2012 167 ALICE AVENUE/ INTERIOR-NEW ADDITION I it • , I , ._ 1 S . °,: i4 . 3 Wig, 6 } ` 4t yst„e...p 2 `,. 167 Alice Avenue 32 167 ALICE AVENUE/INTERIOR- MASTER BEDROOM is I 167 Alice Avenue 33 167 ALICE AVENUE /INRIOR—BATHROOM (NEW ADDITION) TE 167 Alice Avenue 34 167 ALICE AVENUE /INTERIOR-BEDROOM 2 11;+ ,, ammo rj ; -- .. , Illi ......--i ralfri r E i r. .;s+" t *k ems, "Prar 'IV g ! h x'N-ttt y4 >3 ". , dew X ««,t,:. ',i.81�X'O •E.�.. 167 Alice Avenue 35 167 ALICE AVENUE/BASEMENT � 1s Y t J - # $ A.w .,,,,.......,„,„.„,',7-4,---.*',.'.7.,.... 'T--."--",......,...„„,,,,,,, /ttle :ems �. Sa f 167 Alice Avenue 36 Attachment B Page 2 Contribution Disclosure Form TO BE FILLED OUT BY APPLICANT I. IF CONTRIBUTIONS TOTALING$250 HAVE NOT BEEN MADE,CHECK HERE,AND SIGN BELOW IN SECTION III. II. TO BE COMPLETED ONLY IF CONTRIBUTIONS TOTALING$250 OR MORE HAVE BEEN MADE. NAME: ADDRESS: ZIP: TELEPHONE NO: LIST COMMISSION MEMBER(S)TO WHOM YOU AND/OR YOUR AGENT MADE CAMPAIGN CONTRIBUTIONS TOTALING$250 OR MORE,AND THE DATES OF THOSE CONTRIBUTIONS. NAME: CONTRIBUTOR: (if other than yourself) DATE(S): AMOUNT(S): NAME: CONTRIBUTOR: (if other than yourself) DATE(S): AMOUNT(S): NAME: CONTRIBUTOR: (if other than yourself) DATE(S): AMOUNT(S): III. SIGNATURE DATE: ignature of pplicant/Agent Rvsd. 8/27/2012 167 ALICE AVENUE /STREET VIEW (SOUTH) "fir • , 1s• , , q < ,, _ p z { � 7 { Fv, a h 'o Vt. Sa't .t 'r ..' „ xrf^ 1 ',sA As,Y^S .p ` Via.Yam • r•4.-', - .,1 ,3 • fs Yt:• , J w ' l., ! . ,:f'`f 1i Xf Y rye yr v (. °►\.. f•P+ 1"* 1 t • t. NI iii/ • , t. _ 1 lip _ __ ,_ .,„ r. • g ... 0 Zr / ''''''.-- - . 4 , M ,, d= z 1 vinyl window,2 wood windows, and 1 aluminum window, all four windows will be replaced with wood windows with mullions. t .A ) T a , . n,' ,,',..„,t.iiii,,.,:,:ik: --- .- ' -r'''7 RFC v yyA er i 1 4i ,, 1 11 G• A I , { 4 N _ . . .., s \n Alto ,,,i %sok- ,,, _1„,.-4,A, 10 iiIt!iJL . µ '1 • t _«s , .yam , > ,Y ... 167 Alice Avenue 20 167 ALICE AVENUE / DRIVEWAY/KITCHEN(EAST) , it • '---'---L.--:-.-7=z_L-i-----...-..- ..v. 4111 2 x wood windows 2 x aluminum windows 167 Alice Avenue 21 • • 167 ALICE AVENUE / BACK OF THE HOUSE, NEW ADDITION (EAST) r 114- r f ♦ w r s (:) i ,- r rev, . . , . , ,1 i .. , „orziali. 1 0,14,, 1? 1 , I t t.,,A ' Wood and aluminum windows 167 Alice Avenue 22 • • 167 ALICE AVENUE / BACK OF THE HOUSE, NEW ADDITION (NORTH) . , . t • ,, i,..:,..:1.,,,, .,,, ,, ,, : . . . - ,,,:.,,:,,,,,,:::,/,1.,,,,r,:77.:::,- _______ ,......____ _ ram- i►: r .: r a �► 1 tt v.' 1I?11TtttIltnittr ` � IN. 2 x vinyl windows 2 x wood windows 167 Alice Avenue 23 s • 167 ALICE AVENUE / SIDE OF THE HOUSE (WEST, FACING SOUTH) . s 1 ,- , , ,,r4;.iiiiii s". ';',, .. ... _ _ ,,- . , A it. y* .,, 1:' - ,�... I L At,- r. ,.1) p 167 Alice Avenue 24 • • 167 ALICE AVENUE/ SIDE OF THE HOUSE(WEST,FACING NORTH) 4 ,` j . ' . Ilf.' 7 ': , r.• 4 r . F .: I: ''' ir r u Iii..:?iV*';‘'.1 ..., , .0 f 'f f y ),,,,,.,, , „. .... . ,.,' ' ,- .::' • e 167 Alice Avenue 25 • • 167 ALICE AVENUE / GARAGE o. t 'T , r > 4i*-, y liii r,,,,, , ,,:, K.,'-. j ,..t44'„t''40.7 4 .1,_ '''''*".4f...‘2.' :4-- "I .17-1'1'''' ...4k70-11,V4 _f,.• ::, *:' '--:. r,I my ,. di 167 Alice Avenue 26 • • 167 ALICE AVENUE / MISC WINDOW DAMAGES • ;µ • 1 _ w •, • AP • :.--, ,t. ,gy.,,mior, Er 0 6 fg ',:C:-.71V;1'd ...- ' ,1 '''' 'voa.,,,,' .' - :ill'' :I I I: — , yf ... u.. x g ` vw t0. .y0 g„- a� Dry rot damage, and cracks. 167 Alice Avenue 37 • • 167 ALICE AVENUE / CONT' WINDOW DAMAGE c.a mr _ - .'.r .-.. #-+-+. qp f�■uafo�wfw.. "u. uuasa pe ^ ' 1 y Q 11'l y ••••Yw••N ■al.!■a■llafm•�•.!rarE E�flFra 9AA' 'R q µ;di ••MN •elA•iannlli■!call � n•••■�•••ains•Mi..•rnaa▪aaiaaai iva■•faanasrs• n•e�• $ # . �.:. '.3 f� •M•.•Z•ilii'asai u•.iiiwmsis sw:s �a''�1 x_ 3L ow w.ai:weo•i.mxi��u .wrai • •ia•nnu trii I ��„a f.�z � `�,�;�.a a`i.� yam � t�.�-'" i r , ate.. a■l ea rfnnarannnwawsase.et■nw! . r . -*T a:............ ••!n •rna•niarr aR:Rr••■u■sa M .„. =' .. • �iiui:�i Doan/ulunlu.fanua a•!e_eaMa as n '; - • •-••aYaffY•a[■ffaunfinna■aafla[a n nf■%<R rlailfmi'�A••,!•.� ::•• ••••••a•im a• •ai a■a■nlnnn.in•K■pp■aa ...ff 11■•!'£fa■a f• .. •• ••••�a a•a aaaaff■•a•••a•lnn/l/aaafalffanaUOta■�I�f'a w% ✓� • �no�i�:iuia •of w�`.•ii`viiiii• • •+• f•M'r.^aWWWWWW' -� ' •• • • ss m a• ••a.:.m.„.iu.ifaofonnnnnfnen�••• �isiAtititiiiiiiiiici.aeii i a .a Nc n•■!i•a■■f!*^a5M Of '<. ;ei•;•••nr a••s••ie: • •a • II.O ••ana■/!alae mtea ,aJ i•••Ile VP ,# y. d � ,+ ww p •1 F �rp.l•i all! sat Yt�•IC■ VP - eI • ta _. • • t_ _. we.'w •• �m� •• • ' —_ Dry rot and termite damage 167 Alice Avenue 38 167 ALICE AVENUE/MISC FLOOR/WATER DAMAGE ., wf //'1;'if fit ' - 4.:..-4-_,,, -.4 +''< ` i c s �a } . y h `ft4 may„, ; .� Y X f t '.:- " 4'1.'A' .., \ f fit.. # { 71QT�w' Water damage in floor and subfloor 39 167 Alice Avenue • • 167 ALICE AVENUE / INTERIOR-LIVING ROOM e- _4 i ' r5 ',...; ri -..,, . A. 3 .. e. '! pia n I i. ',J . V. v'^ �;:. W. . ., '.' ° 7 ,€ x < s . '41, 167 Alice Avenue 27 167 ALICE AVENUE / INTERIOR-LIVING ROOM / F _ ` T e . t r ;; ty , it :,.--3-, ::. -„,....44,„,:-,,,,, ,, ,,..,.,,,,,..-..,„:,:,.. ., I fir 'r r .. . _ i 1 �, �,�..::: °'+*;:.-ewe 167 Alice Avenue 28 • • 167 ALICE AVENUE I INTERIOR—KITCHEN er. ' r er a;` y.`ivB�' 1 I ' , 167 Alice Avenue 29 I 167 ALICE AVENUE/ INTERIOR- LAUNDRY ROOM 1 _ "4-. `-: i ," ! - 4 ____ - „:". >n 9" x y r� 3 14 4 r 167 Alice Avenue 30 I 167 ALICE AVENUE/INTERIOR—LAUNDRY ROOM#2 . ,,,„e °_ tij ! -""40 167 Alice Avenue 31 L E STM ° f T M t W t T Whether your desire is to restore your historic home or you just want to impart an authentic flavor to your modern home, this palette offers the warmth and charm of traditional design.Find the colors that best represent your home's architectural design era in the Architectural Style Index on the back panel and bring your home to life with style! HLS4289-3 Veranda Green IRV 31 HLS4292.2 Mercer Charcoal LRV 37 'vo • � � mkt xy oaf HLS4290-5 Greene&Greene IRv 9 HLS4291.2 Bungalow Maple IRv 59 HLS4293.5 Indian Red LRV 15 HLS4294.3 Inglenook Olive IRv 37 Nr•-1 4 HLS4295-1 Daisy White IRv 88 HLS4298-2 Swing Sage IRv 52 >s, 41( HLS4296-5 Gotsby Brick LRV 10 HLS4297-2 Fitzgerald Smoke[IV 47 HLS4299-3 Trumpet Teal LRV 19 .HLS4300-3 Saxophone Gold Leo 49 O ; 0" HLS4301.2 T-bird Turquoise IRv 46 HLS4304.1 Snow Globe IRv ei o HLS4302.3 Poodle Skirt Peach uri 40 HLS4303-2 Bakelite so 65 HLS4305-2 Silver Lustre LRV 39 HLS4306.5 Pumpkin Pie LRV 26 .1,and the color of the applied paint.If color appearance is critical,paint a test panel on the surface before using.Kelly-Moore assumes no responsibility whatsoever for variations in color,or color acceptability,after application. I PROPERTY DEED 238240 9 RECORDING REQUESTED BY Regina Alcomendras Cornerstone Title Company Santa Clara County - Clerk-Recorder 12/11/2017 01:43 PM AND WHEN RECORDED MAIL DOCUMENT TO: Sjur-Olaf Hanseid Bendiksen and Marja Leigh Titles: 1 Pages: 3 Bendiksen Fees: 21.00 Taxes: 1705.00 167 Alice Avenue Total: 1726.00 Campbell, CA 95008 11111 giQK=f 1011Q 00PifitIVNeOar N. 11111 Space Above This Line for Recorder's Use Only A.P.N.: 412-06-061 File No.: SAR-9228 (ML ) GRANT DEED The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX$1,705.00; CITY TRANSFER TAX $.00; SURVEY MONUMENT FEE$0.00 [ X ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, ( ] unincorporated a; [X ] City of Campbell, and [ X ] Signature of De arant/Cornerstone Title FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Larry Dean Nichols and Linda Jane Nichols, husband and wife as joint tenants hereby GRANTS to Sjur-Olaf Hanseid Bendiksen and Marja Leigh Bendiksen, husband and wife as community property the following described property in the City of Campbell, County of Santa Clara, State of CA: See Exhibit"A" attached hereto and made part hereof for complete legal description Mal Tax Statements To: SAME AS ABOVE Grant Deed -continued Date: 11/30/2017 A.P.N.: 412-06-061 File No.: SAR-9228 (ML ) Dated: 11/30/2017 �.a.- , zzd," Larry Dean Nichols L11-1-/titA2 —Linda Jane , 'chols A notary public or other officer completing This certificate verifies only the identity of the Individual who signs the documentto which This certificate is attached and not the Truthfulness,accuracy,or validity of that Document. STATE OF414(n t a., )SS COUNTY OF � I l-t a C)t ra ) On IDP.C2.Yn be r ZO I before me, Meta h I( , Notary Public, personally appeared Larry Dean Nichols and Linda Jane Nichols , who proved to me on the basis of satisfactory evidence to be t - •- son(s)whose name(s) i ar ribed to the within instrument and ackr..' -dged to me that he/sh' -xecuted the same in his/her theiiauthorized capacity(ies), and that by his/her their ..ignature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, exe ed 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. n�•u,, MELANIE LO r Notary Public-California Santa Clara County Commission#2188840 Signature "'"A'' My Comm.Expires Apr 24,2021 My Commission Expires: This area for official notarial seal Notary Notary Name: Phone: Notary County of Principal Place of Registration Number: Business: Page 2 of 2 1 PROPERTY SITE PLAN Pill Of DocuSign Envelope ID:3024CBAA-7951-45BB-BE95.4F5D71E8C14F 11ttn!Sl#P'! 1+1 �6 �" building Sketch Borrower Itwort Marrs 167 Alice Ave Cry Campbell tasty Suss CA 1lo fodl moos [Lender Neat 2 26' \1 1. 2 Car Detached [988 Sq ft] First Floor u o, [1785.5 Sq ft] 2' 6' 75 11' TIMsa<n a.L.MOO.VC Ara Calalabone Sum1eery Wog Arm Oladaelon Deets Rrt Floe 170tSgt 75 5 •375 Se•26 .1506 36.5■6 . 219 D.5M7.6• 21 Total ILNq Al..(Rounded): 1766 Sq ft llen-0vin/Aroe 2 Car DRedied 968SgR ?5.3,1 - 'e Form SKT.BLDS}0-'TDTAL appraisal software try a la mode,loc.•1.800•ALAMODE OFFICE O F COUNTY ASSESSOR SANTA CLARA COUNTY , CALIFORNIA BOOK PAGE 412 6 0 I o �W\ ,- CAMPBELL'S SOUTHWESTERN ADDITION i SOUTH q FIRST -p---S `� J.H. CAMPBELL ADDITION M 35-45 I ,,,ppp�3 » Q I / OJ �1005 15 50 / 30 50 I 44 1 ` �45,49 3714� \Os K-M-29 0.os _ v 36 6 W awo 7B <lrry \8�3 34 Imw W E 4/ 2 w> 8 8�i 8 A ��� w� 16 W u - I 130 - iza7s - 35 Ig LL;� 39 40 Q w 8 47 7 8 i"PTN. 9 W •O a - IY- O 130 1 3,769.E Wei!P.O. yM o p oil 33 17la 14 I�13 II 10 9 1o°w Q N 120;65 O' 1 V' r , ! „ N S 46 68; 10 50 ii1 11f`;31 -a.:77: 0 �2 T Silt_9J 40' 130 Iso "I. a B _ = 4 d - a 4 1 42 7 1 8 9 5997 w 50 so So .°M �5\ •_ c�1p V o 42 h 0 55 r, 2 3 4 : 5 .a; �3 12 k�;9'e STREE B K v ao 10 ° o a 82 PTN. } c of ��� PCB„t I a W —yo-- T 81 pl 279 co Y v.04 S m f `"-45=I 44 43 k'� 5Y.9] : 534 52- 51 o Q w g 72 . - 132 : I49.73 --------IT- w �I I I - ( W P L. 0 - 90 M4 -5�-I n 24 ,! CAMPBELLS o a fi4.15 67 I aim I I > P"1p� i ao 7/ 14 56 It W SOUTHWESTERN 4 ,•• . o.o%I 20 44 j W 5997 50 50 50 z4s - -- --, 74/76 60 66 ADDITION N22 r4-2 • 66-68 I 00 o ass ------- -- also Q SOUTH SECOND 1 P. M. 827-M-45 \0 25 R.OS.79// ST. $ c r TO 15 _ LL.A.1530509235 45 55 75 95-9/ 99 /09 1/9 129 /37 M --__-_ 57 o 0 215.45 2999 45 1 44 40 50 50 50 I 50 ;5/.071 \ 26 in I 10 19 s' 50'ry" 69 16 le 86 32,)25. r. is I o r-/6 - $ Z ------ 27 58 o J $ m"2 ro Q /O // /27' : 13 ". /4 R /5 P I o 60 „ m O%' 68 17 n O J 32,666 SF Q�' - - /e i C-----/8 --a Z -- I, 28 59 o m C W 1- 131 12 II 1 10 24 I 23 22 I;21 "< "m Cr°o ' 67 18a ; - N HYDE RESIDENCE PARK 1n 186.77 1 1 50 L ... 1 I ... I 110. M ... 0_ r ••• 196.24 ` I 169 IS.yO 144 IAB _9_- 0.104C. ow 1 LOT I e•p 28 29 30 L I 32 1 33 I /9----nw 1�I h rc Ac.io PCL2 : 29 - �- Q J0. . I : >I Ir - 19 7e Cl.l li "j -� ---, r 25' CONDOMINIUM PLAN I • -JI U 0.o SEE PG.6-A 27 26 25 24 175E e22 eI 2/.: 2 20 n" e o gT` 30 el. 2 e W '^ 6 n..26128_-- Z e •° f- v+ 27 14750 0 ao' n \p4A Ito 27 - �.• QI -�9--- ---144 --- .-- -- a Q • 26 WI ,--- w Q „ J W , / 28 im r S AMU,(014'10m� :I - ' 3 d� W 64 262 3163 62 u 52 52 I 51.43 144.11 29.61 CITY OF S5 52 52 j 52 I. Ile.efi 52.50 95 r TRACT N6 7397 - - CAMPBELL 59/60 69 7C 66 96 99 /74 I /90 3 SOUTH THIRD 560M-10 e STREET UNIT PCL, 1 STROM SUBD. I CURTIS i SUBD. 101 • I 102 2 • 103 3 I ' 201 4 II202 5- rra an.IMP 107 203 6 O LAWRENCE E. STONE - ASSESSOR Colostral map for assessment purposes ady. Compiled under R.&T.Code,Sec.327. Effective Roil Year 2014-2015 PROPERTY TAX BILL of \%/ County of Santa Clara SECURED PROPERTY TAX BILL . Department of Tax and Collections TAX YEAR: 2017-18 70 West Hedding Street `. East Wing,6th Floor For July 01, 2017 through June 30, 2018 '5- 11011, `� San Jose,California 95110-1767 -I 1.\ \ (ASSESSOR'S PARCEL NUMBER (APN): 412-06-061 TAX BILL INFORMATION PROPERTY ADDRESS: BENDIKSEN SJUR-OLAF HANSEI AND MARJA LEIGH 167 ALICE AV CAMPBELL CA 95008 167 ALICE AVE LIEN DATE: CAMPBELL CA 95008-2903 12:01AM,JANUARY 1,2017 BILL ID: 4870744 BILL SUFFIX: 00 TAX RATE AREA: 010-025 BILL CREATED: 01/08/2018 SUMMARY OF TAXES SEC-REG-20165109 631 Assessed Value of the Property 135,328 CONTACT INFORMATION Less Exemption 0 Net Assessed Value 135,328 Department of Tax and Collections: www.sccdtac.org Tax Bill: (408)808-7900 Taxes Due $1,633.88 Special Assessments 928.04 Office of the Assessor: www.scc-assessor.org Penalties, Cost, Return Check Charges 0.00 Assessed Value. (408)299-5300 Less Amount Paid 2,561.92 Change of Address: (408)299-5526 Exemptions: (408)299-6460 Total Amount Due $0.00 Special Assessments: www.sccgov.org/SA (DETAILS OF TAX CALCULATIONS ARE ON THE REVERSE SIDE) IMPORTANT MESSAGES This duplicate bill was issued due to a change in name,owner,trust,or mailing address and is furnished for your use.Any paid installments are CIpr ._ El • ._�L� PAY YOUR TAXES ONLINE indicated. `i jr•�}.311. taxpayment.sccdtac.org ❑� ....:VII .rt - VISA i. t-. E-Check payments are free.Check online for credit card fees. Sign up to receive email reminders for important announcements related to your property tax bills at:www.sccdtac.org/subscribe • EXHIBIT "A" THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA: LOT NO. 30, AS DESIGNATED AND DELINEATED UPON A MAP ENTITLED, "MAP OF THE HYDE RESIDENCE PARK, BEING A PART OF THE N.W. 1/2 OF SECTION 35, T. 7S., R.1 W., MT. DIABLO BASE AND MERIDIAN, SANTA CLARA CO., CAL.", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JULY 12, 1915, IN VOL. "0" OF MAPS, PAGE 79, RECORDS OF SAID COUNTY. APN: 412-06-061 ***END OF LEGAL DESCRIPTION*** • • of•ciA4 Fee Payment Report _ r Application Applicant o ti °RCH ARo PLN2010-00169 Pentamation Account Code Date Amount Due MIL Mills Act Application 101.551.4660 5/25/2018 NP $ 1,706.00 Total Fees: $ 1,706.00 Site Address 167 ALICE AVE MAY 252018 3 6 t Y U - CiAivli-tsal Recvd By: Page 1 of 1 5/25/2018 2:39:24PM