75B - PH - APPEAL 1584 EAST SANTA CLARA AVE

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Appeal No. 2012-01 (HRCA No. 2012-01/HRC No. 2012-01) May 7, 2012 Page 3 Following the filing of the application for appeal of the HRC's decision the City received a letter of opposition to the appeal from the Schroeders (Exhibit C). The Schroeders again reiterated that the property lacks many of the features necessary to have it be considered a good example of a citrus farm and also cited many other reasons why the property should not be listed. The action before the HRC was to make a determination of eligibility for the Santa Ana Register of Historical Properties. The State's eligibility requirements were not a part of this assessment, primarily because the State will not list a property against the property owner's wishes. The staff recommendation was to consider listing under the City's Criteria 6, which relates to buildings or structures that were connected with a business or use which was once common, but is now rare. The recommended categorization was "Key" which refers to a building, structure, object or site that is characteristic of a significant period in the history of the city. Some members of the HRC noted that, while the citrus industry had played a significant role in Santa Ana's history, that the Sexlinger property was not a particularly good example. This view is substantiated by the Schroeder's testimony. "Active Participation" of Landowner in Maintaining Historical Property - In deliberating the decision to list the Sexlinger property the HRC discussed the property owner's responsibility to rehabilitate, preserve and maintain the orchard and house in a manner that would be consistent with its historic designation, particularly given the fact that the property owner was opposed to the listing. Staff explained that the listing would not require the property owner to meet the Secretary of the Interior's Standards for historic properties, but that they would need to maintain it in a manner that ensured public safety. Staff also noted that the historic designation would not preclude the property owner from eventually demolishing the house and grove. Section 30-7 of the SAMC outlines a process under which a property owner, after having exhausted a variety of alternatives for preserving the resource, can demolish the site. Given that the listing would not ensure long term preservation or eventual demolition, the HRC declined to list the property. Financial Impact of Historic Preservation on Property Valuation - The Sexlinger property is currently the subject of a proposed residential project that conforms to the current Low Density Residential land use designation contained in the General Plan. In their letter opposing the listing, the property owners, Lutheran High School of Orange County and Concordia University, stated that the historic designation could reduce the potential value of the land and make the proposed project economically infeasible, which would constitute an economic impact to them. The appellants state that the potential for economic impacts to the property owner "should be irrelevant to the process." While the potential for economic impacts are not listed as a criterion for consideration in the City's historic designation standards, the potential for such impact to the property owner cannot be dismissed. The property currently has a General Plan land use designation and zoning that are 75B-3