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HomeMy WebLinkAbout04-26-18_AGENDA PACKETHISTORIC RESOURCES COMMISSION SPECIAL MEETING AGENDA APRIL 26, 2018 4:30 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, California ALBERTA CHRISTY Chair, Ward 4 Representative PHILLIP SCHAEFER VICE CHAIR, CITYWIDE REPRESENTATIVE LAURENCE HITTERDALE WARD 1 REPRESENTATIVE GINELLE A. HARDY WARD 2 REPRESENTATIVE EDWARD MURASHIE WARD 3 REPRESENTATIVE TIM RUSH WARD 5 REPRESENTATIVE KENNETH NGUYEN PLANNING COMMISSION REP. VACANT WARD 6 REPRESENTATIVE MIKE TARDIF COMM. REDEV. & HOUSING COMMISSION REP. The Historic Resources Agenda can be found online at http://www.ci.santa-ana.ca.us/pba/documents/agenda_pc.pdf\ Si tiene preguntas en español, favor de llamar a Narcee Perez al (714) 667-2260. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. If you wish to submit a comment on any item on the Agenda, please submit to ecomments@santa-ana.org (reference Historic Resources Commission) by 3 p.m. the day of the meeting; emails received after said time will be on file for public viewing the day after the meeting. If you need special assistance to participate in this Planning Commission meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Lisa E. Storck Legal Counsel Candida Neal Acting Executive Director Sarah Bernal Recording Secretary Basic Historic Resources Commission Meeting Information Five-Year Strategic Plan (2014-2019) Detailed information at: http://www.santa-ana.org/strategic-planning/ Vision, Mission and Guiding Principles - The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The vision, mission and guiding principles (values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow. Vision - The dynamic center of Orange County which is acclaimed for our: •Investment in youth •Safe and healthy community •Neighborhood pride •Thriving economic climate •Enriched and diverse culture •Quality government services Mission – “To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.” Guiding Principles •Collaboration •Efficiency •Equity •Excellence •Fiscal Responsibility •Innovation •Transparency Strategic Plan Goals/Objectives/Strategies: Goal 1 - Community Safety Goal 2 - Youth, Education, Recreation Goal 3 - Economic Development Goal 4 - City Financial Stability Goal 5 - Community Health, Livability, Engagement & Sustainability Goal 6 - Community Facilities & Infrastructure Goal 7 - Team Santa Ana Code of Ethics and Conduct - The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity · Honesty · Responsibility · Fairness · Accountability · Respect · Efficiency Agenda Information - The agenda descriptions provide the public with a general summary of the items of business to be considered by the Historic Resources Commission. The Historic Resources Commission is not limited in any way by the “Recommended Action” and may take any action which the Commission deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. Public Comments/Public Input - Pursuant to Government Code Sec. 54954.3, the public may address the Historic Resources Commission on any and all matters within the Commission’s jurisdiction. At the discretion of the Chair, at the first Public Comment portion of the meeting, all comme nts may be considered jointly. The public will be given the opportunity to speak on any and all matters contained on any of the Consent Calendar and Business Calendar items an d/or on issues of public interest within the jurisdiction of the Commission. Members of the public shall be given three (3) minutes for each duly noticed hearing (unless the matter is continued prior to taking public testimony). All requests to speak shall be submitted i n writing to the Commission Secretary at the beginning of the meeting and before Public Comments begin. Speaker forms will be available at the meeting. REQUESTS TO SPEAK SHALL NOT BE ACCEPTED AFTER THE PUBLIC COMMENT SESSION BEGINS WITHOUT PERMISSION OF THE CHAIR. When speaking, all persons addressing the Historic Resources Commission shall follow the rules of decorum as detailed on the back of the speaker form. The presiding officer shall have the power and responsibility to enforce decorum and order of the meeting as set forth in Section 2-104(c) of the Santa Ana Municipal Code. Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Historic Resources Commission and will be enacted by one motion without discussion unless a member of the Commission “pulls” an item(s) from the consent calendar for a separate vote. Senate Bill 343 - As required by Senate Bill 343, any non-confidential writings or documents provided to a majority of the Historic Resources Commission members regarding any item on this agenda will be made available for public inspection in the Planning & Building Agency during normal business hours. Agenda & Minutes - Staff reports and documents relating to each agenda item are on file in the office of the Planning & Building Agency and are available for public inspection during regular business hours, 8:00 a.m. – 5:00 p.m., Monday through Thursday and alternate Fridays. The Planning & Building Agency is located in City Hall Ross Annex, 20 Civic Center Plaza, 2nd Floor, Santa Ana, California, (714) 667- 2700. Council meeting agendas, staff reports, and minutes are available the Friday before a Planning Commission meet ing at the following website address: www.santa-ana.org HISTORIC RESOURCES COMMISSION AGENDA 2 APRIL 26, 2018 CITY OF SANTA ANA HISTORIC RESOURCES COMMISSION AGENDA APRIL 26, 2018 4:30 P.M. CALL TO ORDER CHAIR CHRISTY COMMISSION MEMBERS HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER, TARDIF CALL TO ORDER CHAIR CHRISTY COMMISSION MEMBERS HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER, TARDIF ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS - At this time the members of the public may address the Planning Commission regarding any non-agenda items within the subject matter jurisdiction of the Commission. No action may be taken on non-agenda items unless authorized by law. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: A through B. A. MINUTES FROM THE SPECIAL MEETING HELD ON MARCH 22, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine. These items will be enacted by one motion without discussion unless otherwise directed by the Chairperson. Persons wishing to speak regarding Consent Calendar matters should file a "Request to Speak" form with the Recording Secretary. HISTORIC RESOURCES COMMISSION AGENDA 3 APRIL 26, 2018 C. ORDINANCE AMENDMENT TO REVISE SECTION 2-372 OF THE SANTA ANA MUNICIPAL CODE REGARDING FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION RECOMMENDED ACTION: Receive and File. * * * END OF CONSENT CALENDAR * * * COMMUNICATION DISCLOSURE Commissioner disclosure regarding regarding agendized projects. PUBLIC HEARINGS 1. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-50, HISTORIC REGISTER CATEGORIZATION NO. 2017-49, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-54 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS CONTRIBUTIVE FOR THE PROPERTY LOCATED AT 1110 WEST SIXTEENTH STREET AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA – SANTO AND CAROL PUZZO, APPLICANT {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Ivan Flores, Case Planner Legal notice published in the Orange County Reporter on April 16, 2018 and notices mailed April 16, 2018. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-50 and approving Historic Register Categorization No. 2017-49. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement No. 2017-54 with Santo and Carol Puzzo, subject to non-substantive changes approved by the City Manager and City Attorney. 2. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-48, HISTORIC REGISTER CATEGORIZATION NO. 2017-47, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-52 TO ALLOW THE PLACEMENT AND BUSINESS CALENDAR All matters listed under the Business Calendar are generally items requiring discussion and action. Persons wishing to speak regarding Business Calendar matters should file a "Request to Speak" form with the Recording Secretary. HISTORIC RESOURCES COMMISSION AGENDA 4 APRIL 26, 2018 CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS CONTRIBUTIVE FOR THE PROPERTY LOCATED AT 321 EAST SANTA CLARA AVENUE AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA – BLAIR O’CALLAGHAN, APPLICANT {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Ricardo Soto, Case Planner Legal notice published in the Orange County Reporter on April 16, 2018 and notices mailed April 16, 2018. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-48 and approving Historic Register Categorization No. 2017-47. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement No. 2017-52 with Blair O’Callaghan, subject to non-substantive changes approved by the City Manager and City Attorney. 3. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-43, HISTORIC REGISTER CATEGORIZATION NO. 2017-42, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-47 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS KEY FOR THE PROPERTY LOCATED AT 2440 NORTH RIVERSIDE DRIVE AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA – DOUGLAS J. MYERS AND JOANNE LARENS, APPLICANT {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Ricardo Soto, Case Planner Legal notice published in the Orange County Reporter on April 16, 2018 and notices mailed April 16, 2018. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-43 and approving Historic Register Categorization No. 2017-42. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement No. 2017-47 with Douglas J. Myers and Joanne Larens, subject to non-substantive changes approved by the City Manager and City Attorney. 4. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017 -45, HISTORIC REGISTER CATEGORIZATION NO. 2017-44, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-49 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS HISTORIC RESOURCES COMMISSION AGENDA 5 APRIL 26, 2018 COMMENTS CONTRIBUTIVE FOR THE PROPERTY LOCATED AT 2370 NORTH FLOWER STREET AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA.– MARK, ERWIN, AND BEVERLY SCHAUWECKER, APPLICANT {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Pedro Gomez, Case Planner Legal notice published in the Orange County Reporter on April 16, 2018 and notices mailed April 16, 2018. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-45 and approving Historic Register Categorization No. 2017-44. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement No. 2017-49 with Trevor and Jeff Smith, subject to non-substantive changes approved by the City Manager and City Attorney. ADMINISTRATIVE MATTERS 6. RESOLUTION IN OPPOSITION TO THE MAGNOLIA AT THE PARK DEVELOPMENT PROPOSED AT 2525 NORTH MAIN STREET. RECOMMENDED ACTION: Adopt a resolution opposing the Magnolia at the Park residential development proposed at 2525 North Main Street. ***END OF BUSINESS CALENDAR*** 7. HISTORIC RESOURCES EVALUATION PRACTICES – Melanie McCann, Senior Planner ***END OF WORK STUDY SESSION*** COMMENTS 8. STAFF COMMENTS WORK STUDY SESSION All matters listed under the Work Study Session are generally items requiring discussion. No action will be taken. Persons wishing to speak regarding Work Study Session matters should file a "Request to Speak" form with the Recording Secretary. HISTORIC RESOURCES COMMISSION AGENDA 6 APRIL 26, 2018 9. PLANNING COMMISSION MEMBER COMMENTS ADJOURNMENT - The next special meeting of the Historic Resources Commission is scheduled for Thursday, May 24, 2018 at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. This page left blank intentionally. HISTORIC RESOURCES COMMISSION MINUTES 1 MARCH 22, 2018 ACTION MINUTES OF THE SPECIAL MEETING OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA MARCH 22, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 4:35 P.M. ATTENDANCE COMMISSIONERS Present: ALBERTA CHRISTY, Chair MIKE TARDIF LAURENCE HITTERDALE EDWARD MURASHIE KENNETH NGUYEN TIM RUSH COMMISSIONERS Absent: PHILLIP SCHAEFER (unexcused) GINELLE HARDY (excused) STAFF Present: VINCE FREGOSO, Acting Planning Manager VERNY CARVAJAL, Principal Planner LISA STORCK, Assistant City Attorney RICARDO SOTO, Associate Planner PEDRO GOMEZ, Assistant Planner IVAN FLORES, Planning Technician SARAH BERNAL, Recording Secretary PLEDGE OF ALLEGIANCE Commissioner Murashie PUBLIC COMMENTS (on non-agenda items) The following public comment was received:  Dale Helvig spoke in opposition to the proposed project located at 2525 North Main Street. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items: A-C MOTION: Nguyen SECOND: Murashie VOTE: AYES: Christy, Hitterdale, Murashie, Nguyen, Rush, Tardif (6) NOES: None (0) A-1 HISTORIC RESOURCES COMMISSION MINUTES 2 MARCH 22, 2018 ABSTAIN: None (0) ABSENT: Hardy, Schaefer (2) A. MINUTES FROM THE SPECIAL MEETING HELD ON MARCH 22, 2018 MOTION: Approve Minutes. B. EXCUSED ABSENCES MOTION: Excuse absent commission members: Hardy. C. CERTIFIED LOCAL GOVERNMENT 2016/2017 ANNUAL REPORT MOTION: Receive and file. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS): The following disclosures were made:  Chair Christy, Commissioner Murashie and Commissioner Hitterdale visited each property and spoke with the applicant regarding Item No. 3.  Commissioner Rush visited each property. PUBLIC HEARINGS 1. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-41, HISTORIC REGISTER CATEGORIZATION NO. 2017-40 AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-45 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS KEY FOR THE PROPERTY LOCATED AT 2145 NORTH GREENLEAF DRIVE AND TO EXECUTE A MILLS ACT AGREEMENT WITH THE CITY OF SANTA ANA – TERRY L. AND DANA M. KARGES, APPLICANT {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Pedro Gomez, Case Planner Legal notice published in the Orange County Reporter on March 12, 2018 and notices mailed March 12, 2018. Applicant requested that matter be continued to the next meeting scheduled on April 26, 2018. A-2 HISTORIC RESOURCES COMMISSION MINUTES 3 MARCH 22, 2018 Chairperson Christy opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Continue matter until April 26, 2018. MOTION: Hitterdale SECOND: Tardif VOTE: AYES: Christy, Hitterdale, Murashie, Nguyen, Rush, Tardif (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Hardy, Schaefer (2) 2. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-39, HISTORIC REGISTER CATEGORIZATION NO. 2017-38 AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-43 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS KEY FOR THE PROPERTY LOCATED AT 2462 NORTH RIVERSIDE DRIVE AND TO EXECUTE A MILLS ACT AGREEMENT WITH THE CITY OF SANTA ANA – CHRISTINE L. SWITZER, APPLICANT {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Pedro Gomez, Case Planner Legal notice published in the Orange County Reporter on March 12, 2018 and notices mailed March 12, 2018. Case Planner Gomez provided a presentation which included the history of the property, project description and overview of the architectural style. Discussion ensued regarding the window on the front facade and notable resident, Jennie Lasby Tessmann. The applicant spoke in support of the matter. Chairperson Christy opened the Public Hearing. The following spoke on the matter:  Dylan Almendral, representing the Santa Ana Public Library, spoke in support. There were no other speakers and the hearing was closed. MOTION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-39 and approving Historic Register Categorization No. 2017-38 with the recommendation that the applicant restore the northeast window on the front façade to its original condition if deemed not original to the property. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement No. 2017-43 with Christine L. Switzer, subject to non-substantive changes approved by the City Manager and City Attorney. A-3 HISTORIC RESOURCES COMMISSION MINUTES 4 MARCH 22, 2018 MOTION: Rush SECOND: Tardif VOTE: AYES: Christy, Hitterdale, Murashie, Nguyen, Rush, Tardif (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Hardy, Schaefer (2) 3. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-38, HISTORIC REGISTER CATEGORIZATION NO. 2017-37 AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-42 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS KEY FOR THE PROPERTY LOCATED AT 2457 NORTH NORTH PARK BOULEVARD AND TO EXECUTE A MILLS ACT AGREEMENT WITH THE CITY OF SANTA ANA – GEORGE M. AND KELLI L. WILL, APPLICANT Legal notice published in the Orange County Reporter on March 12, 2018 and notices mailed March 12, 2018. Case Planner Gomez provided a presentation which included the history of the property, project description and overview of the architectural style. Noted the address should be reflected as 2457 North Park Boulevard. Commission discussion ensued regarding the windows on the front facade. The applicant spoke in support of the matter. Chairperson Christy opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-38 and Historic Register Categorization No. 2017-37 with the recommendation that the applicant restore the window on the front façade to its original condition if deemed not original to the property. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute Historic Property Preservation Agreement No. 2017-42 with George M. and Kelli L. Will, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Murashie SECOND: Nugyen VOTE: AYES: Christy, Hitterdale, Murashie, Nguyen, Rush, Tardif (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Hardy, Schaefer (2) 4. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-35, HISTORIC REGISTER CATEGORIZATION NO. 2017-34 AND HISTORIC PROPERTY A-4 HISTORIC RESOURCES COMMISSION MINUTES 5 MARCH 22, 2018 PRESERVATION AGREEMENT NO. 2017-39 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS KEY FOR THE PROPERTY LOCATED AT 1718 NORTH FLOWER STREET AND TO EXECUTE A MILLS ACT AGREEMENT WITH THE CITY OF SANTA ANA – ROBERT H. FAIRCHILD AND CHRISTINE M. LARDAS, APPLICANT Legal notice published in the Orange County Reporter on March 12, 2018 and notices mailed March 12, 2018. Case Planner Flores provided a presentation which included the history of the property, project description and overview of the architectural style. Discussion ensued regarding the steel case window. Chairperson Christy opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-35 and Historic Register Categorization No. 2017-34. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute Historic Property Preservation Agreement No. 2017-39 with Robert H. Fairchild and Christine M. Lardas, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Hitterdale SECOND: Nguyen VOTE: AYES: Christy, Hitterdale, Murashie, Nguyen, Rush, Tardif (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Hardy, Schaefer (2) 5. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-36, HISTORIC REGISTER CATEGORIZATION NO. 2017-35 AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-40 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS CONTRIBUTIVE FOR THE PROPERTY LOCATED AT 2208 NORTH GREENLEAF STREET AND TO EXECUTE A MILLS ACT AGREEMENT WITH THE CITY OF SANTA ANA – MARK D. AND MARY E. PERO, APPLICANT Legal notice published in the Orange County Reporter on March 12, 2018 and notices mailed March 12, 2018. Commissioner Murashie abstained from the matter; indicated that he lives in close proximity to the subject property. Case Planner Soto provided a presentation which included the history of the property, project description and overview of the architectural style. Discussion ensued regarding A-5 HISTORIC RESOURCES COMMISSION MINUTES 6 MARCH 22, 2018 the courtyard, shiplap, and awning. The applicant spoke in support of the matter. Chairperson Christy opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-36 and Historic Register Categorization No. 2017-35. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute Historic Property Preservation Agreement No. 2017-40 with Mark D. and Mary E. Pero, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Tardif SECOND: Hitterdale VOTE: AYES: Christy, Hitterdale, Murashie, Nguyen, Rush, Tardif (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Hardy, Schaefer (2) 6. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-37, HISTORIC REGISTER CATEGORIZATION NO. 2017-36 AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-41 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS CONTRIBUTIVE FOR THE PROPERTY LOCATED AT 919 NORTH LOWELL STREET AND TO EXECUTE A MILLS ACT AGREEMENT WITH THE CITY OF SANTA ANA – SUSAN SALLY FISHER, APPLICANT Case Planner Soto provided a presentation which included the history of the property, project description and overview of the architectural style. Discussion ensued regarding the roof tile. The applicant spoke in support of the matter. Written communication was received from the following:  Michael Mello, wrote in support.  Bobbi Keenan, wrote in support.  Dave Dethloff, wrote in support. Chairperson Christy opened the Public Hearing. There were no speakers and the hearing was closed. MOTION: Rush SECOND: Murashie VOTE: AYES: Christy, Hitterdale, Murashie, Nguyen, Rush, Tardif (6) NOES: None (0) ABSTAIN: None (0) A-6 HISTORIC RESOURCES COMMISSION MINUTES 7 MARCH 22, 2018 ABSENT: Hardy, Schaefer (2) ***END OF BUSINESS CALENDAR*** COMMENTS 7. STAFF MEMBER COMMENTS Acting Planning Manager Fregoso:  Requested meeting be adjourned in memory of Hassan Haghani, former Executive Director of Planning & Building Agency. Principal Planner Carvajal:  Plaque Program will be reinstated;  Administrative matters will be on the agenda for the April 5 meeting;  Upcoming meetings will be held on April 26, May 24 and a date to be determined in June; and  Provided an update on the remaining applications to be processed. 8. COMMISSION MEMBER COMMENTS Commissioner Rush:  Opined application fees are too high; hopes new fee study will be reflective of actual costs;  Encouraged commissioners to write their councilmember regarding the high application fees;  Discussed the property at 700 W. Civic Center; owner has converted it into a commercial office space; and  If a property has been identified as eligible to be placed on the Historic Register, can the property owner be required to notify the City when the property is sold so that action can be taken to place it on the Historic Register? o Assistant City Attorney Storck will research. Commissioner Tardif:  Thanked applicants. Commissioner Murashie:  Congratulated applicants;  Thanked staff; and  Encouraged everyone to attend the tour of the Dr. Willella Howe-Waffle House on April 7 from 11:00 a.m. to 3:00 p.m. A-7 HISTORIC RESOURCES COMMISSION MINUTES 8 MARCH 22, 2018 Chairperson Christy  Encouraged commissioners to write their councilmember regarding the high application fees;  Congratulated applicants;  Thanked staff; and  Encouraged everyone to attend Santa Ana College’s Central Mall Grand Opening on March 23 at 11:00 a.m. MEETING ADJOURNED IN MEMORY OF HASSAN HAGHANI ADJOURNED 6:32 P.M. – The next regularly scheduled meeting of the Historic Resources Commission will be on April 5, 2018 in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-8 15, C-1 This page left blank intentionally. Ordinance No. NS-___ Page 1 of 2 LS 3.26.18 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-372 OF ARTICLE IV, DIVISION 2.5, OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING A CHANGE IN THE FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City’s various boards and commissions have established dates and times for regular meetings. B. The Historic Resources Commission updated its bylaws to establish quarterly meetings to be held in January, April, July and October. C. The Santa Ana Municipal Code section pertaining to the meetings of the Historic Resources Commission requires amendment to align with the bylaws. Section 2. Section 2-372 of Article IV, Division 2.5, of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 2-372. - Meetings. The historic resources commission shall hold at least one (1) regular meeting each month meet quarterly at dates and times specifically set out and established in the rules of the commission. Section 3. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b) (3) of the Guidelines. Approval of this Ordinance amending the frequency of meetings held by the Historic Resources Commission will not have a significant effect on the environment because the action will not result in or lead to a physical change. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of C-2 EXHIBIT 1 Ordinance No. NS-____ Page 2 of 2 the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this ______ day of ______________, 2018. _______________________ Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Councilmembers __________________________________ NOES: Councilmembers __________________________________ ABSTAIN: Councilmembers __________________________________ NOT PRESENT: Councilmembers __________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _________, 2018 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ Clerk of the Council City of Santa Ana C-3 1-1 1-2 1-3 This page left blank intentionally. FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Page 1 of 4 Resolution No. 2018-XX RESOLUTION NO. 2018-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-50 TO PLACE THE PROPERTY LOCATED AT 1110 WEST SIXTEENTH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-49 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 26, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-50) and categorization (Historic Resources Commission Categorization No. 2017- 49) of the Holstein House located at 1110 West Sixteenth Street, Santa Ana. B. The Holstein House has distinctive architectural features of the Ranch style, and was built in 1954 by George M. Holstein & Sons. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive. The Holstein House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Ranch style. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Washington Square neighborhood and “is a good example of period architecture,” representing the Ranch style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character- defining features of the Holstein House that should be preserved include, but may not be limited to: materials and finishes (vertical wood siding); roof configuration, materials, and treatment (wood shake shingles and brick chimney); massing and composition; fenestration (multi-light single hung windows); and architectural detailing (dormers, wood shutters). D. Santo Puzzo Jr. and Carol H. Frank are the legal owners of this property. 1-4 EXHIBIT 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Page 2 of 4 Resolution No. 2018-XX E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31 as these actions are designed to preserve historic resources. Categorical Exemption No. ER-2018-32 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-50 to place the Holstein House located at 1110 West Sixteenth Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-49 placing the Holstein House located at 1110 West Sixteenth Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. 1-5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Page 3 of 4 Resolution No. 2018-XX ADOPTED this _____ day of _____________, 2018. __________________________ Alberta Christy Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on _______________. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 1-6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Page 4 of 4 Resolution No. 2018-XX LEGAL DESCRIPTION APN Address Legal Description Owner Names 405-312-20 1110 West Sixteenth Street LOT 10 OF TRACT NO. 1448, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 46, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY Santo Puzzo Jr. and Carol H. Frank Exhibit A 1-7 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 1 - RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 ATTN: Clerk of the Council _____________________________________________________________________________ FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into this by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), Santo Puzzo Jr. and Carol H. Frank, (hereinafter referred to as “Owners”), owners of real property located at 1110 West Sixteenth Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owners possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1110 West Sixteenth Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Owners, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owners and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Exhibit 2 1-8 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 2 - E. The Owners and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owners of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 16, 2018, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owners or the City desire(s) in any year not to renew the Agreement, the Owners or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s notice of nonrenewal, the Owners may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owners of nonrenewal. d. If either the Owners or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owners shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Department of Parks and Recreation Primary Record” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, 1-9 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 3 - mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owners shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owners shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owners have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the 1-10 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 4 - property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. 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 sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owners or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owners if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 1110 West Sixteenth Street, Assessor Parcel Number, 405-312-20, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, reservations, and restrictions as set forth in this Agreement. b. The City and Owners hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owners’ successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering 1-11 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 5 - or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owners shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owners as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 ATTN: Clerk of the Council Owners: Santo Puzzo Jr. and Carol H. Frank 1110 West Sixteenth Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owners or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owners’ activities in connection with the Historic Property. 1-12 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 6 - c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above. {Signature Page Follows} 1-13 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager OWNERS: Date: ______________________ By:_________________________ Date: ______________________ By:_________________________ APPROVED AS TO FORM: SONIA CARVALHO RECOMMENDED FOR APPROVAL: City Attorney By: _____________________ _____________________ LISA STORCK CANDIDA NEAL Assistant City Attorney Acting Executive Director Planning and Building Agency 1-14 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 8 - Exhibit A LOT 10 OF TRACT NO. 1448, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 46, PAGE 1 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor’s Parcel Number: 405-312-20 1-15 EXECUTIVE SUMMARY Holstein House 1110 West Sixteenth Street Santa Ana, CA 92706 NAME Holstein House REF. NO. ADDRESS 1110 West Sixteenth Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1954 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Ranch Widely published in Sunset and House Beautiful magazines, the Ranch style dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930’s designs of Southern California architect Cliff May, who sought to reinvent the west’s vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist’s concern for informality, expressed in materials and plan, and indoor-outdoor integration.While the style includes several variants, a basic set of character-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Holstein House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Ranch style. Additionally, the house has been categorized as “Contributive” because it it “contributes to the overall character and history” of the Washington Square neighborhood and “is a good example of period architecture,” representing the Ranch style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. •It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation 1-18 EXHIBIT B 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 _3_ Resource name(s) or number (assigned by recorder) Holstein House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad N/A Date: N/A *c. Address 1110 West Sixteenth Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 405-312-20 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Washington Square, the Holstein House is a one-story single-family residence constructed in the Ranch style with a detached two-car garage, connected by a wood fence and entry gate. L-shaped in design; the house has a low- pitched roof with slightly overhanging eaves, and exposed rafters. The exterior of the building and detached garage is clad in vertical wood siding and the primary elevation faces Sixteenth Street. The porch entry is characterized by a double door each with four fixed lights that mirror the adjacent four single-light casement and fixed windows. The entryway and windows are framed by triangular windows located below the roof gable. A brick chimney rises below the ridge line west of the main entry. The building contains multiple oversized windows similar to those on the primary elevation. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) Primary Elevation, view South March 15, 2018 *P6. Date Constructed/Age and Sources: historic 1954 *P7. Owner and Address: Santo Puzzo Jr. and Carol H. Frank 1110 West Sixteenth Street Santa Ana, CA 92706 *P8. Recorded by: Ivan Flores 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: April 26, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch 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 P5a. Photo Exhibit B 1-19 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_5S3_________________________ *Resource Name or #: Holstein House B1. Historic Name: Holstein House B2. Common Name: Same B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Ranch *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed February 17,1954 September 8, 1987 Reroof November 17, 1989 6 ft. block wall fence September 25, 1990 6 ft. block wall fence *B8. Moved? No Yes Unknown Date:________ Original Location:_____________________________ *B8.Related Features: None. B9a. Architect: Cliff May b. Builder: George M. Holstein & Sons *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1955 Property Type: Single-Family Residence Applicable Criteria: 5S3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Holstein House is architecturally significant as a characteristic example of the Ranch style. This house was originally constructed in 1954, and was valued at approximately $9,000, according to the original building permit. The first recorded occupant was George M. Holstein III, the builder of the property. Mr. Holstein was a prominent builder in Southern California. He is also known for building a several homes in Beverly Hills for motion picture stars. As an ardent sportsman, Mr. Holstein was a key figure in the creation of the Balboa Bay Club, the Rancho San Joqauin Golf Course, and the Newport Beach Tennis Club.There is no other occupant listed in the directories until 1962. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Caroline Raftery, Chattel Inc. *Date of Evaluation: April 26, 2018 DPR 523B (1/95) *Required information *B10. Significance (continued): Sketch Map (This space reserved for official comments.) Holstein House 1110 West Sixteenth Street 1-20 DPR 523L State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: Holstein House *Recorded by Ivan Flores *Date March 21, 2018  Continuation  Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. 1110 West Sixteenth Street is located on the northeastern edge of Washington Square, a neighborhood northwest of downtown Santa Ana bounded by North Bristol Street, North Flower Street, Civic Center Drive, and West Washington Avenue. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes (“Washington Square: A Neighborhood of Pride,” Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in Southern California, the development of Washington Square was all but completed. The Holstein House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Ranch style. Character defining features of the Holstein House include, but are not limited to: materials and finishes (vertical wood siding); roof configuration, materials, and treatment (overhanging eaves, exposed rafters); massing and composition; and fenestration (triangular windows, single-light and fixed windows).Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Washington Square neighborhood and “is a good example of period architecture,” representing the Ranch style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register, Los Angeles Times) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. “The Gingerbread Lande Holiday Home Tour, 1999.” Brochure. Rischard, Maureen McClintock. “People Behind Places: Enderle Center.” Orange County Genealogical Society Quarterly, December 1993, pages 4-7. 1-21 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant 1-22 MILLS ACT AGREEMENT 1110 West Sixteenth Street Santa Ana, CA 92706 - 2 - historical, architectural or cultural material, an such design is compatible with size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. 1-23 HRC 2017-49/ HRCA 2017-50/ HPPA 2017–54 1110 WEST SIXTEENTH STREET HOLSTEIN HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y 500’ RADIUS EXHIBIT 3 SITE 1-24 This page left blank intentionally. 2-1 2-2 2-3 This page left blank intentionally. FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-48 TO PLACE THE PROPERTY LOCATED AT 321 EAST SANTA CLARA AVENUE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-47 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 26, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-48) and categorization (Historic Resources Commission Categorization No. 2017- 47) of the West & West House located at 321 East Santa Clara Avenue, Santa Ana. B. The West & West House has distinctive architectural features of the Tudor Revival style, and was built in 1925. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Key because it “is associated with a significant person” in the city. Character defining features that should be preserved, include, but are not limited to: exterior materials and finishes (half-timbering); roof configuration, materials, and treatment; massing and composition; fenestration pattern (original windows, where extant); chimney; and, arched entry. D. The legal owner of the property is Blair O'Callaghan. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. 2-4 EXHIBIT 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER-2018-39 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-48 to place the West & West House located at 321 East Santa Clara Avenue, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-47 placing the West & West House located at 321 East Santa Clara Avenue, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this _____ day of _____________, 2018. __________________________ Alberta Christy Chairperson 2-5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-______ to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on _______________, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Name 003-072-14 321 East Santa Clara Avenue Lot 13 of Tract 383 Bungalow Square, in the City of Santa Ana, County of Orange, State of California, as per Map recorded in Book 19, Pages 48 of Miscellaneous Maps, in the County Recorder of said County. Blair O’Callaghan Exhibit A 2-7 MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 - 1 - RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 ATTN: Clerk of the Council ____________________________________________________________________________ FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Blair O’Callaghan, (hereinafter referred to as “Owner”), owner of real property located at 321 East Santa Clara Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 321 East Santa Clara Avenue, Santa Ana, CA, 92706, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT 2 2-8 MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 - 2 - E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1.Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 16, 2018, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2.Renewal. a.Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b.If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c.Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d.If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3.Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a.Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, 2-9 MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 - 3 - organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the 2-10 MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 - 4 - Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. 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 sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 321 East Santa Clara Avenue, Assessor Parcel Number, 003-072-14, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. 2-11 MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 - 5 - b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter 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 tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owner: Blair O’Callaghan 321 East Santa Clara Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with 2-12 MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 - 6 - respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner’s activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above. {Signature Page Follows} 2-13 MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager OWNER: Date: ______________________ By:_________________________ BLAIR O’CALLAGHAN APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ LISA STORCK CANDIDA NEAL Assistant City Attorney Acting Director Planning and Building Agency 2-14 This page left blank intentionally. MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 - 8 - Exhibit A LOT 13 OF TRACT 383 BUNGALOW SQUARE, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGES 48 OF MISCELLANEOUS MAPS, IN THE COUNTY RECORDER OF SAID COUNTY. FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor’s Parcel Number: 003-072-14 2-15 This page left blank intentionally. EXECUTIVE SUMMARY West & West House 321 East Santa Clara Avenue Santa Ana, CA 92706 NAME West & West House REF. NO. ADDRESS 321 East Santa Clara Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION B/2 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the temperate climate of Southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style were also constructed. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The West & West House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4 for its association with famous people in history of Santa Ana. Additionally, the building has been categorized as “Key” because of its association with two significant persons in the history of Santa Ana and of Orange County, Z.B. West Jr. and Franklin G. West. Character defining features of the West & West House that should be preserved, include, but not limited to: exterior materials and finishes (half-timbering); roof configuration, materials, and treatment; massing and composition; doors and windows (original multi-pane wood casement windows, where extant); chimney; and, arched entry. EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 2: It is associated with the lives of persons important to local, California, or national history. •It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. 2-16 EXHIBIT B 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 _4_ Resource name(s) or number (assigned by recorder) West & West House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County: Orange County *b. USGS 7.5’ Quad Date: April 26, 2018 *c. Address: 321 East Santa Clara Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: APN: 003-072-14 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The West & West House is a characteristic example of the Tudor Revival style of architecture. The building is asymmetrical with a cross-gabled, moderately pitched roof. The West & West House sits at the northwest corner of East Santa Clara Avenue and French Street, with the primary and secondary elevations highly visible from two streets. The exterior is clad in stucco with decorative half-timbering at the primary and secondary street facing gables. The building is capped with a contemporary asphalt shingles. The building has two chimneys. One chimney is located at the south elevation adjacent to the front entry and is clad in stucco just above the roof line and wrapped in brick to the top. The second chimney is on the east elevation and is clad in stucco and capped with a terracotta chimney pot. The entry is accessed from the south elevation and is set in an recessed arch. The front entry door is located atop three steps clad in brick. The front entry door, is a wood plank door with decorative hardware. The building has a combination of multi-pane casement and fixed windows. The garage is located at the northwest corner of the property and is accessed from French Street. While additions have been constructed to the rear of the house in a manner that does not detract from the architectural integrity, the stucco has been replaced in a finish that is not appropriate for the Tudor Revival style of the building. However, the stucco does not detract from the association of the building with significant figures in the history of Santa Ana, Z.B. West Jr. and Franklin G. West, and its qualification to be listed on the local register. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) South elevation facing north. March 2018 *P6. Date Constructed/Age and Sources: historic 1925/Santa Ana Builing Permit *P7. Owner and Address: Blair O’Callaghan 321 East Santa Clara Avenue Santa Ana, CA 92706 *P8. Recorded by: Ricardo Soto, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: April 26, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch 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 P5a. Photo 2-17 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code_5S3_________________________ *Resource Name or #: West & West House B1. Historic Name: West & West House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed February 9, 1925. $6,000 March 15, 1993. Reroof (portion) w/t.o. $2,700. April 18, 2012. New Master bedroom, walk-in closet, master bath. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme - Residential Architecture Area: Santa Ana Period of Significance: 1925-1962 Property Type: Single-Family Residence Applicable Criteria: B/2 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The West & West House is historically significant for its association with Z.B. West Jr. and Franklin G. West. The West family played a vital role in the courtrooms of old Orange County for more than sixty years. Z.B. West Sr., Z.B. West Jr. and Franklin G. West's father, served as a Superior Court Judge from 1903 until his death in 1926. Judge West Sr. served as Santa Ana's City Attorney for seven years, then was appointed the District Attorney in 1897. In addition to his contribution to the legal profession, Judge West Sr. was also active in education circles and was a devoted member of the First Baptist Church in Santa Ana. Judge West Sr. was called by the Register "the guiding light of Orange County law." (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Caroline Raftery, Chattel Inc. *Date of Evaluation: March 26, 2018 DPR 523B (1/95) *Required information 2-18 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_ Resource Name: West & West House *Recorded by Ricardo Soto *Date March 26, 2018  Continuation  Update DPR 523L *B10. Significance (continued): Z.B. West Jr. was the first owner and recorded occupant of the West & West House, according to city directories. Z.B. West Jr. graduated from Santa Ana High School and continued his studies at Stanford, where he graduated with honors in the class of 1917. After completing honorable and active service with the American expeditionary forces in France during WWI, West Jr. spent sixteen weeks at a French university. He then returned to California and was admitted to the bar in 1921, afterwhich he established his law practice in Santa Ana. Z.B. West Jr. followed in his father’s footsteps and served as both Santa Ana City Attorney from 1923 to 1927 and District Attorney from 1927 to 1930. According to city directories, Franklin G. West resided at the residence after his brother, from 1932 until 1962. Franklin G. West also followed in his father's footseps, serving as a Superior Court judge. Franklin G. West passed the bar in 1923 after gradutating from Stanford, and practiced law with is brother Z.B. West Jr. in Santa Ana. Franklin G. West then went on to become Superior Court judge in 1938, and served in that capacity from 1939 unitl 1965. Franklin passed away in 1976. Franklin was held in such high esteem by the Orange County Bar Association (OCBA), that their highest honor bestowed is a lifetime achievement award, which was established in memory of Judge Franklin G. West. According to the OCBA, Judge Franklin G. West epitomized the best of the legal profession, both as an attorney and a judge. The award, which recognizes an outstanding attorney or judge whose lifetime achievements have advanced justice and the law, is presented annually. Outside of the courthouse, a third brother, Eddie West, made his name as the longtime sports editor of the Santa Ana Register. Eddie West Field at the Santa Ana Stadium is named in his honor. Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The West & West House is located in the Santiago Park neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the I-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, “C Street” (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list “rancher” or “fruit grower” as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War II. The West & West House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4 for its association with famous people in history of Santa Ana. Additionally, the house has been categorized as “Key” because of its association with two significant persons in the history of Santa Ana and of Orange County, Z.B. West Jr. and Franklin G. West. Character defining features of the West & West House that should be preserved, include, but not limited to: exterior materials and finishes (half-timbering); roof configuration, materials, and treatment; massing and composition; doors and windows (original multi-pane wood casement windows, where extant); chimney; and, arched entry. 2-19 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_ Resource Name: West & West House *Recorded by Ricardo Soto *Date March 26, 2018  Continuation  Update DPR 523L *B12. References (continued): Brigandi, Phil. Old Orange County Courthouse: A Centennial History. San Antonio, TX, Historical Publishing Network, 2001. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. “The Gingerbread Lande Holiday Home Tour, 1999.” Brochure. Rischard, Maureen McClintock. “People Behind Places: Enderle Center.” Orange County Genealogical Society Quarterly, December 1993, pages 4-7. 2-20 This page left blank intentionally. MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1.Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2.The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3.All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4.Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5.Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6.Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7.The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8.Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9.Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 2-21 MILLS ACT AGREEMENT 321 East Santa Clara Avenue Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. 2-22 HRC 2017–47/ HRCA 2017–48/ HPPA 2017–52 321 EAST SANTA CLARA AVENUE WEST & WEST HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y 500’ RADIUS SI T E 2-23 EXHIBIT 3 This page left blank intentionally. 3-1 3-2 3-3 This page left blank intentionally. 3-4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. XXXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-43 TO PLACE THE PROPERTY LOCATED AT 2440 NORTH RIVERSIDE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-42 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 26, 2018, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-43) and categorization (Historic Resources Commission Categorization No. 2017- 42) of the Gregg House located at 2440 North Riverside Drive, Santa Ana. B. The Gregg House has distinctive architectural features of the Neoclassical style and was built in 1937 by V.J. Anderson. C. The Gregg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the Neoclassical style; and Criterion 4, for its contribution to the Floral Park neighborhood. Additionally, the house has been categorized as “Key” because it "has a distinctive architectural style and quality" embodying the massing, materials, and detailing of Neoclassical design; and for its “association with a significant period in the history of the city,” namely the development of Floral Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana [Santa Ana Municipal Code, Section 30-2.2(2)]. Character defining features of the Gregg House include, but may not be limited to: materials and finishes (wood siding and columns); roof configuration, materials, and treatment; massing and composition; fenestration (original multi-light windows, where extant); and architectural detailing. D. The legal owners of this property are Douglas J. Myers and Joanne Larens. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. 3-5 EXHIBIT 1 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. 2018-40 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-43 to place the Gregg House located at 2440 North Riverside Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-42 placing the Gregg House located at 2440 North Riverside Drive, Santa Ana, 92706 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this _____ day of _____________, 2018. __________________________ Alberta Christy Chairperson 3-6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Lisa Storck Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2018-___ to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on ______________, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 3-7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-06-411 2440 North Riverside Drive THE WEST 15 FEET LOT 13 AND ALL OF 14, EXCEPT THE WEST 10 FEET THEREOF, OF TRACT NO. 755 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGE(S) 33 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Douglas J. Myers and Joanne Larens Exhibit A 3-8 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 1 - RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council ______________________________________________________________________________ FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”) and Douglas J. Myers and Joanne Larens (hereinafter referred to as “Owners”), owners of real property located at 2440 North Riverside Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owners possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2440 North Riverside Drive, Santa Ana, CA, 92706, and more particularly described in Exhibit A, attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.” C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owners, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owners and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 3-9 EXHIBIT 2 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 2 - E. The Owners and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owners of the Historic Property agree as follows: 1.Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 16, 2018, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2.Renewal. a.Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b.If the Owners or the City desire(s) in any year not to renew the Agreement, the Owners or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owners to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owners at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c.Within 30 days from receipt of City’s notice of nonrenewal, the Owners may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owners of nonrenewal. d.If either the Owners or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3.Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a.Owners shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features described in the “Historical Property Description” attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, 3-10 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 3 - organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b.All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto as Exhibit C, and incorporated herein by this reference. Owners shall continually maintain the Historic Property in the same or better condition. c.A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d.The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e.Owners shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owners’ compliance with the terms and provisions of this Agreement. 4.Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5.Cancellation. a.The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owners have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the County Auditor as set forth in Government Code 3-11 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 4 - Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b.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 sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c.If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6.Enforcement of Agreement. a.In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or his/her designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owners or apply for such relief as may be appropriate. b.The City does not waive any claim of default by the Owners if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City’s regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a.The Owners hereby subject the Historic Property, located at 2440 North Riverside Drive, Assessor Parcel Number, 002-064-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, reservations, and restrictions as set forth in this Agreement. 3-12 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 5 - b.The City and Owners hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owners’ successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter 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, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8.No Compensation. Owners shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owners as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9.Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. C ity: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Douglas J. Myers and Joanne Larens 2440 North Riverside Drive Santa Ana, CA 92706 10.General Provisions. a.None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b.The Owners agree to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owners or those of his and/or her contractor, subcontractor, agenda, employee, or other person acting on his and/or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, 3-13 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 6 - and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owners’ activities in connection with the Historic Property. c.This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d.All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e.In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f.In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g.This Agreement shall be construed and governed in accordance with the laws of the State of California. 11.Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12.Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13.Effective Date This Agreement shall be effective on the day and year first written above in Section 1. 3-14 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager OWNERS: Date: ______________________ By:_________________________ Douglas J. Myers Date: ______________________ By:_________________________ Joanne Larens APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ LISA STORCK CANDIDA NEAL Assistant City Attorney Acting Director Planning and Building Agency 3-15 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 8 - EXHIBIT A THE WEST 15 FEET LOT 13 AND ALL OF 14, EXCEPT THE WEST 10 FEET THEREOF, OF TRACT NO. 755 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22 PAGE(S) 33 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor’s Parcel Number: 002-064-11 3-16 EXECUTIVE SUMMARY Gregg House 2440 North Riverside Drive Santa Ana, CA 92706 NAME Gregg House REF. NO. ADDRESS 2440 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: A renewed interest in classical models of architecture began at the World’s Columbian Exposition in Chicago in 1893. The planners of the exposition insisted on classical-themed architecture, and the photographs from the Exposition became models for architects across the country. Drawing primarily from Roman and Greek classical architectural motifs, neoclassical architecture emphasizes symmetry, porches with classical support columns, and the use of classical detailing including lintels, pediments, colonnades, arches, and vaults. Neoclassical design also borrowed elements from earlier American styles including Georgian, Federal, and Greek revival. Neoclassical residential architecture experienced two waves of popularity, one from 1900 to 1920, and another from around 1925-1950s. Neoclassical buildings typically have a front façade dominated by a full-height entry porch supported by two-story classical columns. Facades typically exhibit symmetry and balance. Other common features include elaborated doorways that incorporated Federal, Greek Revival, or Georgian elements; centered entrances; detailed cornices; rectangular, double-hung windows; roof-line balustrades (McAlester 434-446). SUMMARY/CONCLUSION: The Gregg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Neoclassical style. Additionally, the house has been categorized as “Key” because it "has a distinctive architectural style and quality" representing the Neoclassical style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character defining features of the Gregg House include, but may not be limited to: materials and finishes (wood siding and columns); roof configuration, materials, and treatment ; massing and composition; fenestration (multi-pane hung windows where extant); and architectural detailing. (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. •It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. EXHIBIT B 3-17 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 _3_ Resource name(s) or number (assigned by recorder) Gregg House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Date: *c. Address 2440 North Riverside Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-064-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the south side of North Riverside Drive, the Gregg House is a two-story single-family residence constructed in the Neoclassical style. It is symmetrical in composition, topped with a side gable, medium-pitched roof with modest overhangs. The exterior of the structure is clad in wide wood clapboard siding. Projecting from the center bay of the three-bay façade, the full-height front-gabled entry-porch supported by colossal paired fluted doric columns, is the focal point of the design. Divided-light sidelights adorn the entry door which has a fan light transom above.. A fixed window occupies the central bay above the entrance, under the portico. The windows on the primary elevation are wood, six-over-six, double hung, with the windows on the secondary elevations being a combination of multi and single light hung and casements. The east elevation is distinguished by an attached, red brick chimney and by small, arched vents in the gable face. A one-story, flat- roofed addition has been made to the south elevation. No other alterations are visible. The property is landscaped with low vegetation, neatly trimmed hedges, and a water feature positioned at the walkway leading to the entry. A concrete driveway leads to a detached two-story garage located at the southeast corner of the property. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) North elevation, view south March 2018 *P6. Date Constructed/Age and Sources: historic 1937/ City of Santa Ana Building Permits *P7. Owner and Address: Douglas J. Myers and Joanne Larens 2440 North Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: Ricardo Soto, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: April 26, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch 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 P5a. Photo 3-18 State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_5S3_________________________ *Resource Name or #: Gregg House B1. Historic Name: Gregg House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Neoclassical *B6. Construction History: (Construction date, alterations, and date of alterations): August 7, 1937. Constructed. $7,950. August 7, 1937. Constructed. $7,950. February 5, 1945. Washroom 10 x 10 by G. Gregg, owner. $150. February 8, 1945. Fix. by United Plmb. Co. $500. April 2, 1945. 2 circ., 19 add. outlets by Grimes. June 26, 1950. Range for Mrs. Stephens by Gilbert & S January 17, 1961 Addition to Residence (3 rooms by Homer Moses - owner). $4,000. March 6, 2015. Reroof. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1937 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gregg is architecturally significant as a characteristic example of the Neoclassical style. This house was originally constructed in 1937, and was valued at approximately $7,950 according to the original building permit. The first recorded occupants are George D. Gregg and Kathryn Gregg. Mr. Gregg was a local rep for the LA Examiner, a major Los Angeles Daily Newspaper in the 1960's. In 1952, the house was sold to a Benjamin F. Stephens and Virginia M. Stephens; Mr. Stephens was a rancher in the area. The home was sold to Homer Moses in 1962 who worked in pianos sales and repairs in the late 1940's. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Olivia White/Chattel, Inc *Date of Evaluation: March 27, 2018 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Gregg House 2440 North Riverside Drive 3-19 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: Gregg House *Recorded by Ricardo Soto *Date April 26, 2018, 2017  Continuation  Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Gregg House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. This neighborhood is northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gregg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Neoclassical style. Additionally, the house has been categorized as “Key” because it "has a distinctive architectural style and quality" representing the Neoclassical style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character defining features of the Gregg House include, but may not be limited to: materials and finishes (wood siding and columns); roof configuration, materials, and treatment ; massing and composition; fenestration (multi-pane hung windows where extant); and architectural detailing. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. 3-20 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1.Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2.The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3.All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4.Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5.Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6.Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7.The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8.Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9.Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 3-21 MILLS ACT AGREEMENT 2440 North Riverside Drive Santa Ana, CA 92706 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10.Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. 3-22 HRC 2017–42/ HRCA 2017–43/ HPPA 2017–47 2440 NORTH RIVERSIDE DRIVE GREGG HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y 500’ RADIUS EXHIBIT 3 SITE This page left blank intentionally. 4-1 4-2 4-3 4-4 4-5 4-6 4-7 4-8 4-9 This page left blank intentionally. 4-10 4-11 4-12 4-13 4-14 4-15 4-16 4-17 4-18 4-19 4-20 4-21 4-22 This page left blank intentionally. 4-23 4-24 4-25 This page left blank intentionally. 5-1 This page left blank intentionally. 5-2 EXHIBIT 1 5-3 5-4 This page left blank intentionally.