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HomeMy WebLinkAbout05-24-18_AGENDA PACKETHISTORIC RESOURCES COMMISSION SPECIAL MEETING AGENDA MAY 24, 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/coc/granicus.asp 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 Planning Manager Sarah Bernal Recording Secretary Minh Thai Executive Director 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 comments 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 and/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 in 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 meeting at the following website address: www.santa-ana.org HISTORIC RESOURCES COMMISSION AGENDA 2 MAY 24, 2018 CITY OF SANTA ANA HISTORIC RESOURCES COMMISSION AGENDA CALL TO ORDER MAY 24, 2018 4:30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL CHAIR CHRISTY COMMISSION MEMBERS HARDY, HITTERDALE, MURASHIE, NGUYEN, RUSH, SCHAEFER, TARDIF 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 APRIL 26, 2018 {STRATEGIC PLAN NO. 5, 1} RECOMMENDED ACTION: Approve Minutes. B. EXCUSED ABSENCES RECOMMENDED ACTION: Excuse absent commission members. * * * END OF CONSENT CALENDAR * * * 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 MAY 24, 2018 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 KEY FOR THE PROPERTY LOCATED AT 1110 WEST SIXTEENTH STREET AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA – SANTO PUZZO JR. AND CAROL H. FRANK, APPLICANTS {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. Matter continued from the April 26, 2018 meeting by a vote of 8:0. 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 Puzzo Jr. and Carol H. Frank subject to non-substantive changes approved by the City Manager and City Attorney. 2. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-54, HISTORIC REGISTER CATEGORIZATION NO. 2017-53, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-58 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS KEY FOR THE PROPERTY LOCATED AT 1815 NORTH HELIOTROPE DRIVE AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA – RANDY J. AND MAIRA G. HAMILTON, APPLICANTS {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Pedro Gomez, Case Planner Legal notice published in the Orange County Reporter on May 14, 2018 and notices mailed May 14, 2018. 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 MAY 24, 2018 RECOMMENDED ACTIONS: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-54 and approving Historic Register Categorization No. 2017-53. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement No. 2017-58 with Randy J. and Maria G. Hamilton subject to non-substantive changes approved by the City Manager and City Attorney. 3. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-52, HISTORIC REGISTER CATEGORIZATION NO. 2017-51, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-56 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS KEY FOR THE PROPERTY LOCATED AT 1615 NORTH FREEMAN STREET AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA – ERIC W. WITTMAN, APPLICANT {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Manny Escamilla, Case Planner Legal notice published in the Orange County Reporter on May 14, 2018 and notices mailed May 14, 2018. RECOMMENDED ACTIONS: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-52 and approving Historic Register Categorization No. 2017-51. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement No. 2017-56 with Eric W. Wittman subject to non-substantive changes approved by the City Manager and City Attorney. 4. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-65, HISTORIC REGISTER CATEGORIZATION NO. 2017-64, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-67 TO ALLOW THE PLACEMENT AND CATEGORIZATION IN THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES AS KEY FOR THE PROPERTY LOCATED AT 2377 NORTH FLOWER STREET AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA – MARK PHILLIP DELGADO AND MARILYN BERNAUDO DELGADO, APPLICANT {STRATEGIC PLAN NOS. 5, 2; 5, 3} – Ricardo Soto, Case Planner Legal notice published in the Orange County Reporter on May 14, 2018 and notices mailed May 14, 2018. HISTORIC RESOURCES COMMISSION AGENDA 5 MAY 24, 2018 COMMENTS RECOMMENDED ACTIONS: 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-65 and approving Historic Register Categorization No. 2017-64. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement No. 2017-67 with Mark Phillip Delgado and Marilyn Bernaudo Delgado subject to non-substantive changes approved by the City Manager and City Attorney. ADMINISTRATIVE MATTERS 5. NOMINATION OF TWO HISTORIC RESOURCES COMMISSIONERS TO PARTICIPATE IN 2018 CITY OF SANTA ANA HISTORIC PRESERVATION AWARDS AD HOC COMMITTEE – Ricardo Soto, Case Planner RECOMMENDED ACTION: Nominate two Historic Resources Commissioners to participate in 2018 Historic Preservation Awards Ad Hoc Committee. ***END OF BUSINESS CALENDAR*** COMMENTS 6. STAFF COMMENTS 7. PLANNING COMMISSION MEMBER COMMENTS ADJOURNMENT - The next special meeting of the Historic Resources Commission is scheduled for Thursday, August 2, 2018 at 4:30 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. 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 APRIL 26, 2018 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 4:33 P.M. PLEDGE OF ALLEGIANCE Vice Chair Schaeffer ROLL CALL COMMISSIONERS Present: ALBERTA CHRISTY, Chair GINELLE HARDY LAURENCE HITTERDALE EDWARD MURASHIE KENNETH NGUYEN TIM RUSH PHIL SCHAEFER, Vice Chair MIKE TARDIF COMMISSIONERS Absent: None. STAFF Present: CANDIDA NEAL, Acting Executive Director VINCE FREGOSO, Acting Planning Manager VERNY CARVAJAL, Principal Planner LISA STORCK, Assistant City Attorney MELANIE MCCANN, Senior Planner RICARDO SOTO, Associate Planner PEDRO GOMEZ, Assistant Planner SARAH BERNAL, Recording Secretary 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; expressed disappointment with the decision to pull the Resolution regarding the project off of the Agenda. A-1 HISTORIC RESOURCES COMMISSION MINUTES 2 APRIL 26, 2018 *Item No. 5 was considered out of order* ADMINISTRATIVE MATTERS 5. RESOLUTION IN OPPOSITION TO THE MAGNOLIA AT THE PARK DEVELOPMENT PROPOSED AT 2525 NORTH MAIN STREET. Assistant City Attorney Storck requested that Commissioner Nguyen recuse himself from the discussion as he is the Planning Commission representative and the project will be considered by that body at a later date. Assistant City Attorney Storck recommended that this item be pulled from the Agenda as it is not under the purview of the Commission. Commissioners Tardif and Rush opined that the matter is under the purview of the Commission since the proposed project is near the historical neighborhood of Park Santiago. Acting Executive Director Neal stated that the City has not designated Park Santiago as a historic neighborhood. Advised Commission that discussion on the matter should cease, but public comments could still be heard. The following public comments were received:  Kelly Medina spoke in opposition.  Janelle Johnson spoke in opposition.  Dale Helvig inquired about the possible findings for the Resolution that were discussed at the January 25, 2018 meeting.  Tara Franklin spoke in opposition. CONSENT CALENDAR MOTION: Approve staff recommendations on Consent Calendar Items: A-C *Items highlighted in yellow were pulled for separate action. MOTION: Rush SECOND: Tardif VOTE: AYES: Christy, Hardy, Hitterdale, Murashie, Nguyen, Rush, Tardif (7) NOES: None (0) ABSTAIN: Schaefer (1) ABSENT: None (0) A. MINUTES FROM THE SPECIAL MEETING HELD ON MARCH 22, 2018 MOTION: Approve Minutes as amended. B. EXCUSED ABSENCES A-2 HISTORIC RESOURCES COMMISSION MINUTES 3 APRIL 26, 2018 MOTION: Excuse absent commission members: None. C. ORDINANCE AMENDMENT TO REVISE SECTION 2-372 OF THE SANTA ANA MUNICIPAL CODE REGARDING FREQUENCY OF MEETINGS OF THE HISTORIC RESOURCES COMMISSION MOTION: Receive and file. MOTION: Nguyen SECOND: Rush VOTE: AYES: Christy, Hitterdale, Murashie, Nguyen, Rush, Schaefer, Tardif (7) NOES: Hardy (1) ABSTAIN: None (0) ABSENT: None (0) * * * 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 applicant regarding Item No. 1. 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 Legal notice published in the Orange County Reporter on April 16, 2018 and notices mailed April 16, 2018. Case Planner McCann provided a presentation which included the history of the property, project description and the architectural style. Stated that the report should be updated to include newly obtained information. Suggested that the item be continued to the next scheduled meeting to allow staff the opportunity to update the report. The applicant provided additional information on the property. A-3 HISTORIC RESOURCES COMMISSION MINUTES 4 APRIL 26, 2018 MOTION: Continue matter until May 24, 2018 MOTION: Hardy SECOND: Schaeffer VOTE: AYES: Christy, Hardy, Hitterdale, Murashie, Nguyen, Rush, Schaefer, Tardif (8) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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 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 Legal notice published in the Orange County Reporter on April 16, 2018 and notices mailed April 16, 2018. 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 stucco finish on the façade. 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. 2017-48 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. MOTION: Schaefer SECOND: Tardif VOTE: AYES: Christy, Hardy, Hitterdale, Murashie, Nguyen, Rush, Schaefer, Tardif (8) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) A-4 HISTORIC RESOURCES COMMISSION MINUTES 5 APRIL 26, 2018 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 Legal notice published in the Orange County Reporter on April 16, 2018 and notices mailed April 16, 2018. Case Planner Soto provided a presentation which included the history of the property, project description and overview of the architectural style. The applicant spoke in support of the matter. Chairperson Christy opened the Public Hearing. There were no speakers and the hearing was closed. Commissioner Schaeffer requested that the report be modified to include Jean Stone as a property owner from 1971-1981. MOTION: 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. MOTION: Murashie SECOND: Nguyen VOTE: AYES: Christy, Hardy, Hitterdale, Murashie, Nguyen, Rush, Schaefer, Tardif (8) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 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 CONTRIBUTIVE FOR THE PROPERTY LOCATED AT 2370 NORTH FLOWER STREET AND TO EXECUTE A HISTORIC PROPERTY PRESERVATION AGREEMENT WITH THE CITY OF SANTA ANA Legal notice published in the Orange County Reporter on April 16, 2018 and notices mailed April 16, 2018. A-5 HISTORIC RESOURCES COMMISSION MINUTES 6 APRIL 26, 2018 Case Planner Gomez provided a presentation which included the history of the property, project description and overview of the architectural style. 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. 2017-45 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 Mark, Erwin and Beverly Schauwecker, subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Murashie SECOND: Nguyen VOTE: AYES: Christy, Hardy, Hitterdale, Murashie, Nguyen, Rush, Schaefer, Tardif (8) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ***END OF BUSINESS CALENDAR*** WORK STUDY CALENDAR 6. HISTORIC RESOURCES EVALUATION PRACTICES Senior Planner McCann provided a presentation which included information on the following:  Criteria of selection  Architectural style  Character defining features  Building research and eligibility for local register Examples of questionable properties were also reviewed. Commission discussion ensued regarding the impact of property additions on the property’s eligibility to be placed on the historic register. Commission agreed that questionable properties should be brought forward to the Commission for consideration. COMMENTS 7. STAFF MEMBER COMMENTS A-6 HISTORIC RESOURCES COMMISSION MINUTES 7 APRIL 26, 2018 Principal Planner Carvajal:  Provided update on pending applications; 24 applications pending; 17 scheduled to move forward.  Annual Historic Awards Program will be reinstated; Adhoc committee will be formed and will consist of two commissioners and one local historian/architect.  Provided update on 621 Spurgeon Street (Thomas House); code enforcement visited the site and issued a citation for unpermitted work, parking, and site-use violations.  Planning staff hosted a roundtable for Orange County Historic Planners on April 4; historic preservation, policies and fees were discussed.  Historic Preservation webpage will be updated soon.  Reviewed upcoming meeting dates: May 24, June 21, August 2 and October 4. 8. COMMISSION MEMBER COMMENTS Commissioner Tardif:  Reviewed the powers and duties of the Historic Resources Commission; recited the findings that were presented in the Resolution for 2525 N. Main Street; frustrated that the Resolution was pulled from Agenda; opined that the Resolution was arbitrarily removed without a vote from the Commission; plans to take action. o Assistant City Attorney Storck recommended that discussion on the matter cease. Commissioner Hardy:  Reported that the Historic Plaque Template does not reflect the designation; provided an example of the plaque she has on her property to staff. Commissioner Hitterdale:  Thanked property owners and staff. Commissioner Rush:  Thanked applicants.  Thanked staff for following up on the property located at 621 Spurgeon Street and for reviewing application fees.  Inquired about flagging historically sensitive properties owned by religious institutions so that when sold to a private party they can be placed on the Historic Register. o Assistant City Attorney Storck reported that City does not have legal authority to force an owner to place their property on the Historic Register. o Principal Planner Carvajal indicated that he would look further into the request.  Reported that next year is the 150th anniversary of the city; would be appropriate for the Commission to plan a celebration. Commissioner Murashie:  Thanked property owners and staff.  Would like to join any future Historic Preservation meetings.  Inquired about the City’s stance on solar panels and drought-tolerant landscaping as they relate to historic structures. A-7 HISTORIC RESOURCES COMMISSION MINUTES 8 APRIL 26, 2018 o Senior Planner McCann reported that staff is working with applicants to not place solar panels on the primary elevation; staff is working to obtain additional information on landscaping guidelines that can be shared with applicants in the near future.  Reminded everyone about the Floral Park Home Tour on Saturday, April 28 and Sunday, April 29 from 1:00 p.m. to 4:00 p.m. Vice Chair Schaeffer:  Thanked applicants and staff.  Reminded everyone about the West Floral Park Garden Tour on Saturday, May 12.  Inquired about the number of applications received since the application fee has increased. o Principal Planner Carvajal reported that two applications have been received.  The McFadden House on Greenleaf Street has overgrown landscape; would like code enforcement to visit the site.  Disappointed that the 2525 N. Main Street Resolution was pulled from the Agenda. Chair Christy  Encouraged fellow Commissioners to write to their councilmember in regards to the application fees.  Provided information on the Quonset Huts located in the city. o Principal Planner Carvajal indicated the Huts will be included in the citywide survey; they have potential for categorization.  Spoke about the Pomeroy house; it is a landmark structure; has received Planning approval for a remodel. o Principal Planner Carvajal indicated that several Commissioners had inquired about this property and staff has already responded to them. o Case Planner Soto also provided update on the permit process.  Reminded everyone that the National Association of Letter Carriers food drive is on May 12. Encouraged everyone to put out a box of canned goods.  Thanked applicants. ADJOURNED 6:32 P.M. – The next scheduled meeting of the Historic Resources Commission will be on May 24, 2018 in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Sarah Bernal Recording Secretary A-8 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 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 May 24, 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 Frank House located at 1110 West Sixteenth Street, Santa Ana. B. The Frank 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 “Key”. The Frank 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, and under Criterion 2 for being the work of a notable designer and architect. Additionally, the house has been categorized as “Key” because it “contributes to the overall character and history” of the Washington Square neighborhood and “is a unique example of period architecture,” representing the Ranch style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Frank 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. EXHIBIT 1 1-4 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 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 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 Frank House located at 1110 West Sixteenth Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-49 placing the Frank House located at 1110 West Sixteenth Street, 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. 1-5 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Page 3 of 4 Resolution No. 2018-XX __________________________ 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 June 20, 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 MINH THAI Assistant City Attorney 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 Frank House 1110 West Sixteenth Street Santa Ana, CA 92706 NAME Frank House REF. NO. ADDRESS 1110 West Sixteenth Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1954 LOCAL REGISTER CATEGORY: Key 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 Frank 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, and under Criterion 2 for being the work of a notable designer and architect. Additionally, the house has been categorized as “Key” because it it “contributes to the overall character and history” of the Washington Square neighborhood and “is a unique 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 EXHIBIT B1 1-16 AZsnfState 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) Frank 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 Frank 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: May 24, 2018 *P1 0. 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 B2 1-17 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 #: Frank House B1. Historic Name: Frank 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. Designer/Architect: Cliff May/Chris Choate 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 Frank 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 building permit indicates that George M. Holstein III was the builder of the residence. Holstein was a prominent builder in Southern California. He is also known for building 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. The first owner of the home was John Constantine Frank who resided there with his wife, Madge I. Frank, until his death. Mr. Frank was a chemical engineer by trade, and was also a partner for the business Thinline, a furniture manufacturer. His wife, Madge I. Frank, was listed as the owner in 2000 according to subsequent research. Mrs. Frank was an artist with two pieces of art residing in the Bowers Musuem of Art permanent collection. The current owner Carol H. Frank, is the daugther of the prior owners Mr. and Mrs. Frank, has resided in the house since 1978. She was also the first female non-clerical employee at Interstate Electronics. Cliff May was a prominent designer and architect, and Southern California native who was best known for pioneering the California Ranch House. After World War II, he was widely featured in Sunset Magazine for his California Ranch House and developed several tract homes in West Los Angeles. Mr. May was also responsible for the development of several tracts in Orange County: most notably in Anaheim, Tustin, and Garden Grove. In 1955, more than eight out of ten tract homes in the United States were designed with Cliff May as the the leading designer. George M. Holstein III was the primary builder of Cliff May homes in Orange County. The Frank House is the one of the remaining ten homes within Tract 1448 constructed in 1952 - all by designer Cliff May and architect Chris Choate. (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: May 24, 2018 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Frank House 1110 West Sixteenth Street 1-18 DPR 523L State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: Frank House *Recorded by Ivan Flores *Date March 21, 2018  Continuation  Update *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. 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 Frank 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, and under Criterion 2 for being the work of a notable designer and architect. Character defining features of the Frank 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 “Key” because it “contributes to the overall character and history” of the Washington Square neighborhood and “is a unique 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. 1-19 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 1-20 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. 1-21 HRC 2017-49/ HRCA 2017-50/ HPPA 2017–54 1110 WEST SIXTEENTH STREET FRANK 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 1-22 This page left blank intentionally. 2-1 2-2 2-3 2-4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2018-xxx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-54 TO PLACE THE PROPERTY LOCATED AT 1815 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-53 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 May 24 , 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. 2017-54) and categorization (Historic Resources Commission Categorization No. 2017- 53) of the Amling House located at 1815 North Heliotrope Drive, Santa Ana. B. The Amling House has distinctive architectural features of the Art Moderne style, and was built in 1937 by Allison C. Honer. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as “Key” for its “distinctive architectural style and quality,” embodying the massing, materials, and detailing of Art Moderne design; 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; and “association with a significant person”, Allison C. Honer. Character defining features of the Amling House that should be preserved include, but may not be limited to: materials and finishes (smooth stucco); low-pitch hipped roof; cubic form and massing with projections; horizontal scoring and stringcourse; curved walls at entry; radial entry overhang, and speedline-sash double-hung wood windows. D. The legal owners of the property are Randy J. Hamilton and Maria G. Hamilton. 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. EXHIBIT 1 2-5 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 historic resources. Categorical Exemption No. ER-2018-55 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. 2017-54 to place the Amling House located at 1815 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-53 placing the Amling House located at 1815 North Heliotrope 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 24th day of May 2018. __________________________ Alberta Christy, Chairperson 2-6 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-xxx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 24, 2018. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana 2-7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-092-11 1815 North Heliotrope Drive LOT 12, EXCEPT THE SOUTH 38-1/2 FEET THEREOF, AND ALL OF LOT 11 IN TRACT NO. 748, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 30, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Randy J. and Maria G. Hamilton 2-8 MILLS ACT AGREEMENT 1815 North Heliotrope 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: City Clerk 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 Randy J. and Maria G. Hamilton, (hereinafter collectively referred to as “Owner”), owners of real property located at 1815 North Heliotrope 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. Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1815 North Heliotrope 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. City and 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 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 2-9 MILLS ACT AGREEMENT 1815 North Heliotrope Drive Santa Ana, CA 92706 - 2 - E. Owner and 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 Owner agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on June 20, 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 Owner or City desire(s) in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by Owner to City at least ninety (90) days prior to the annual renewal date, or served by City to 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, Owner may file a written protest of City’s decision of nonrenewal. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to Owner of nonrenewal. d. If either Owner or 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, 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. 2-10 MILLS ACT AGREEMENT 1815 North Heliotrope Drive Santa Ana, CA 92706 - 3 - 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. 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. Owner hereby agrees to furnish 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. 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 Owner has 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 City determines that 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, 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 2-11 MILLS ACT AGREEMENT 1815 North Heliotrope Drive Santa Ana, CA 92706 - 4 - 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. 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, 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 Owner, the City shall give written notice to Owner 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 Owner), then 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 Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner herebys subject the Historic Property, located at 1815 North Heliotrope Drive, Assessor Parcel Number, 002-092-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic 2-12 MILLS ACT AGREEMENT 1815 North Heliotrope Drive Santa Ana, CA 92706 - 5 - 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, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from 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 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 Clerk of the Council Owners: Randy J. and Maria G. Hamilton 1815 North Heliotrope 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. Owner agrees to and shall indemnify and hold 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 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. Owner hereby agrees to and shall defend 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 Owners’ activities in connection with the Historic Property. 2-13 MILLS ACT AGREEMENT 1815 North Heliotrope Drive 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 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, with venue in Orange County. 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} 2-14 MILLS ACT AGREEMENT 1815 North Heliotrope Drive 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:_________________________ RANDY J. HAMILTON Date: ______________________ By:_________________________ MARIA G. HAMILTON APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ LISA STORCK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency 2-15 MILLS ACT AGREEMENT 1815 North Heliotrope Drive Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION LOT 12, EXCEPT THE SOUTH 38-1/2 FEET THEREOF, AND ALL OF LOT 11 IN TRACT NO. 748, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 30, PAGE 9 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor’s Parcel Number: 002-092-11 2-16 EXECUTIVE SUMMARY Amling House 1815 North Heliotrope Drive Santa Ana, CA 92706 NAME Amling House REF. NO. ADDRESS 1815 North Heliotrope 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 1, 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Moderne The Moderne style encompassed the Modernistic, Streamline Moderne, and Art Moderne variants. An evolution of the Art Moderne style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Moderne designs, the Streamline Moderne and Art Moderne substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi-light casement windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean-lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. SUMMARY/CONCLUSION: The Amling House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Art Moderne variant of the Moderne style; and Criterion 4, for its assocation with Allison C. Honer. Additionally, the house has been categorized as “Key” for its “distinctive architectural style and quality,” embodying the massing, materials, and detailing of Art Moderne design; and “association with a significant person”, Allison C. Honer (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.) 1: Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 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 B1 2-17 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) Amling House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015 *c. Address 1815 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-092-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a corner property in Floral Park, the Amling House is a two-story single-family residence, representative of the Art Moderne variant of the Moderne style. The massing of the structure suggests a simple cubic form, which reflects the influence of the emerging International Style of architecture, with projections at the first and second stories. Asymmetrical in design, the Amling House exhibits a low-pitch hipped roof, with a single gable-on-hip, and little to no eave overhangs. Horizontality is emphasized by the second story horizontal scoring in the smooth stucco finish wall, along the north and west elevations. In addition, the first and second story are delineated by decorative horizontal stringcourses, running along the north and west elevations. The first-story exterior exhibits a white smooth stucco finish, with minimal architectural detailing, including scalloped fascia, curved walls that flank the recessed entry, and a radial entry overhang. The house incorporates a series of speedline-sash double-hung wood windows of varying sizes along each elevation. A prominent chimney is centered along the north elevation and finished in a smooth white stucco, exhibiting similar horizontal scoring as the general exterior of the house. The property is landscaped with several young trees, a lawn, low vegetation and simple walkway at the front setback, with a hedge separating the property from the property to the south, and a contemporary fountain installed by 2008. The driveway is located along the north elevation and leads to a detached, one-story, hipped roof, three-car garage, built at the same time as the Amling House. Overall, the Amling House displays strong horizontal emphasis, and minimal, yet distinct, ornamentation that embodies the Art Moderne style. *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) West elevation, view east April 2018 *P6. Date Constructed/Age and Sources: historic 1937/ City of Santa Ana Building Permits *P7. Owner and Address: Randy J. and Maria G. Hamilton 1815 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2018 *P 10. Survey Type: Intensive Survey *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 B2 2-18 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 #: Amling House B1. Historic Name: Amling House B2. Common Name: Same B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Art Moderne *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1937 April 24, 1985. Enclosure Patio. May 11, 1987. Reroof House. May 12, 1987. Remodel Kitchen. March 24, 1989. Open Patio Cover. April 2, 2008. Construct 6-foot high block wall. July 3, 2008. In-ground pool and spa. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Allison C. Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1937 Property Type: Single-Family Residence Applicable Criteria: A/1, C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Amling House is architecturally significant for its highly characteristic Art Moderne style and significanct for its association with notable developer and prominent local builder, Allison C. Honer (1897-1981). Credited as the subdivider and builder of a major portion of northwest Santa Ana, Honer arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353- 356). The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco style 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. According to city directories, the first known residents of the Amling House were Ernst C. Amling and Lydia S. Amling. Mr. Amling was born on August 19, 1888, in Maywood Illinois, while Mrs. Amling (previously Hinz) was born on March 12, 1890, in Sheboygan, Wisconsin. Along with his brothers, Ernst C. Amling owned and operated a wholesale flower nursery business called Amling Bros., which was relocated from Chicago to Santa Ana in 1921. (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: Brian Matuk/Chattel, Inc. *Date of Evaluation: May 24, 2018 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Amling House 1815 North Heliotrope Drive 2-19 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: Amling House *Recorded by Pedro Gomez *Date May 24, 2018  Continuation  Update DPR 523L *B10. Significance (continued): Ernst C. Amling operated his greenhouses from a 10.5-acre property located on West Fifth Street, while his brother, Paul F. Amling, operated a similar group of greenhouses near Chicago.The Amling Bros. refused all retail business and only sold to wholesale dealers. The Amling roses grown in Santa Ana were shipped to all parts of California, Mexico, Texas, Arizona and Utah. Along with Tom Wright, Ernst C. Amling is recognized as one of the many pioneers and founding members of the organization that would ultimately be known as “The Original Los Angeles Flower Market”, which was founded in 1919 as the “American Florists’ Exchange”. The group officially incorporated themselves as “The Los Angeles Flower Market” in 1921. In 1933, Ernst C. Amling and his brother, Albert J. Amling, were the first Californians to apply for a rose patent. They were granted a patent for their Red-Talisman Rose. Mr. Amling was passed away on August 27, 1957, four years after retiring. Mrs. Amling remained in the Amling House until her passing in 1985. The Amling 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. 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. 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 (2018) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Amling House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Art Moderne style; and Criterion 4, for its association with developer and local builder Allison C. Honer. Additionally, the house has been categorized as “Key” for its “distinctive architectural style and quality,” embodying the massing, materials, and detailing of Art Moderne design; 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; and “association with a significant person”, Allison C. Honer. Character defining features of the Amling House that should be preserved include, but may not be limited to: materials and finishes (smooth stucco); low-pitch hipped roof; cubic form and massing with projections; horizontal scoring and stringcourse; curved walls at entry; radial entry overhang, and speedline-sash double-hung wood windows. *B12. References (continued): “Alison Honer Dies at 84,” The Santa Ana Journal, September 21, 1981. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Hess, Alan. Ranch House. New York: Harry N. Abrams, Inc. 2004 “History of Floral Park.” http://www.floral-park.com/page2.html. 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 Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Register Branch, National Park Service, US Dept. of the Interior, 1991. Ridgway, P., & Works, J. (2008). Sending Flowers to America: Stories of The Los Angeles Flower Market and the People Santa Ana and Orange County Directories, 1947-1962. Who Built an American Floral Industry. Peggi Ridgway. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. 2-20 MILLS ACT AGREEMENT 1815 North Heliotrope 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 2-21 MILLS ACT AGREEMENT 1815 North Heliotrope 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. 2-22 HRCA 2017-54/ HRC 2017-53/ HPPA 2017-58 1815 NORTH HELIOTROPE DRIVE AMLING 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 2-23 This page left blank intentionally. 3-1 3-2 3-3 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. 2017-52 TO PLACE THE PROPERTY LOCATED AT 1615 N. FREEMAN STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-51 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 May 24, 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. 2017-52) and categorization (Historic Resources Commission Categorization No. 2017- 51) of the Boyle House located at 1615 N. Freeman Street, Santa Ana. B. The Boyle House has distinctive architectural features of the Ranch style, and was built in 1951 by J. H. Russell. C. This Boyle House qualifies for listing on the Santa Ana Register of Historical Properties for its exemplification of the distinguishing characteristics of the Ranch style. Additionally, it qualifies for categorization as “Contributive” because it “contributes to the overall character and history” of the Washington Square neighborhood and “is a good examle of period architecture.” Character defining features of the Boyle House that should be preserved include, but may not be limited to: materials and finishes (stucco, accent brick work, and wood cladding); roof configuration and eave detailing; massing (single-story); fenestration (multi-light fixed and double-hung wood windows); porch; and architectural details. D. The legal owner of the property is Eric W. Wittman. 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. EXHIBIT 1 3-4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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 (Categorical Exemption No. ER-2018-57), as these actions are designed to preserve historic resources. 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. 2017-52 to place the Boyle House located at 1615 North Freeman Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-51 placing the Boyle House located at 1615 North Freeman 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. ADOPTED this _____ day of _____________, 2018. __________________________ Alberta Christy Chairperson 3-5 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-xx 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 3-6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Exhibit A LEGAL DESCRIPTION APN Address Legal Description Owner Names 405-313-03 1615 North Freeman Street LOT 14 OF TRACT NO. 1228, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38, PAGE(S) 42, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Eric W. Wittman 3-7 MILLS ACT AGREEMENT 1615 North Freeman 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 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”), Eric W. Wittman, (hereinafter referred to as “Owner”), owner of real property located at 1615 North Freeman 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 Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1615 North Freeman 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 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 3-8 MILLS ACT AGREEMENT 1615 North Freeman Street 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 June 20, 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, 3-9 MILLS ACT AGREEMENT 1615 North Freeman Street 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, 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 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 Owner 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 Owner 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 Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code 3-10 MILLS ACT AGREEMENT 1615 North Freeman Street 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 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 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 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 1615 North Freeman Street, Assessor Parcel Number, 405-313-03, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. 3-11 MILLS ACT AGREEMENT 1615 North Freeman Street Santa Ana, CA 92706 - 5 - b. The City and Owner hereby declare their specific intent that the covenants, conditions 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, conditions 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: Eric W. Wittman 1615 North Freeman 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 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, agent, 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 agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with 3-12 MILLS ACT AGREEMENT 1615 North Freeman Street 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, conditions, 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} 3-13 MILLS ACT AGREEMENT 1615 North Freeman Street 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:_________________________ Eric W. Wittman APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ LISA STORCK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency 3-14 MILLS ACT AGREEMENT 1615 North Freeman Street Santa Ana, CA 92706 - 8 - Exhibit A LOT 14 OF TRACT NO. 1228, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 38, PAGE(S) 42, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor’s Parcel Number: 405-313-03 3-15 EXECUTIVE SUMMARY Boyle House 1615 North Freeman Street Santa Ana, CA 92706 NAME Boyle House REF. NO. ADDRESS 1615 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1951 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 House 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 dovecotes and bird houses. SUMMARY/CONCLUSION: The Boyle 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, as an intact example of Ranch style architecture in the Washington Square neighborhood, “is a good example of period architecture” (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 EXHIBIT B1 3-16 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) Boyle House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: May 24, 2018 *c. Address 1615 N. Freeman Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 405-313-03 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Boyle House is a one-story single-family residential building constructed in 1951 in the Ranch style. The building has a cross-gable roof with a moderate pitch that extends over the driveway to the south, creating a porte cochere. Exterior features along front elevation include a generally stucco-clad exterior with vertical flush wood cladding with dog ears and triangular faux dovecotes in the gable ends and a horizontal lapped wood siding-clad water table, and exposed rafter tails with minimal eave overhang. Additionally, a brick chimney, a canted bay with brick water table, and a partial width front porch are also visible on the primary elevation. Fenestration includes two double hung bay windows on both sides of a larger central fixed window set within the canted bay, as well as a large multi-light fixed window situated behind the porch. The porch and porte cochere are supported by simple square wood posts atop brick piers. A detached garage at the rear of the property has been converted into a workshop. The house appears intact to its 1951 date of construction, and is in good condition. *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) Front Elevation February 2018 *P6. Date Constructed/Age and Sources: historic 1951 *P7. Owner and Address: Eric W. Wittman 1615 N. Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Manuel J. Escamilla 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2018 *P 10. Survey Type: Intensive Survey *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 B2 3-17 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 #: Boyle House B1. Historic Name: Boyle 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 1951 Constructed in 1951. October 3, 1960. Swimming pool addition. February 10, 1989. Legalized garage Workshop conversion. April 13, 2009. Filled in pool. *B7. Moved? No Yes Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: J. H. Russell *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1951 Property Type: Single-Family Residence Applicable Criteria: 0 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Boyle House is significant as a representative example of a Ranch style residential building house from the middle decades of the twentieth century in Santa Ana. The address first appears in the 1954 Santa Ana Directory with W. Lyle Boyle listed as the owner, and Mrs. Geraldine Boyle also living at the residence. Mr. Boyle was a civil engineer. Mr. Boyle filed for a pool permit in 1960. The 1962 directory indicates that Geraldine Boyle had become the head of household, suggesting that Mr. Boyle passed between 1960-1962. In 2006 the home was sold to Raymond and Maria Braun. (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: Brian Matuk/Chattel, Inc. *Date of Evaluation: May 24, 2018 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Boyle House 1615 North Freeman Street 3-18 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: Boyle House *Recorded by Manuel J. Escamilla *Date May 24, 2018  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 Boyle House is located in Washington Square, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Civic Center Drive, and Bristol Street. 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 Boyle House qualifies for listing in the Santa Ana Register of Historical Properties as a representative example of the characteristics of the Ranch style including the cross-gable roof with a moderate pitch, vertical flush wood cladding in the gable ends (some with dog ears), shallow eaves with exposed rafter tails, single-story form, multi-light fixed and double- hung windows, as well as accent brickwork at the canted bay and piers supporting the porch and porte cochere. Character- defining exterior features of the Boyle House include, but may not be limited to: wood cladding; roof configuration; massing; windows; porch; and architectural details such as exposed rafter tails and triangular faux dovecotes, and accent brickwork. *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) 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. Rischard, Maureen McClintock. “People Behind Places: Enderle Center.” Orange County Genealogical Society Quarterly, December 1993, pages 4-7. 3-19 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 3-20 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. 3-21 HRCA 2017-52/HRC 201-51/HPPA 2017-56 1615 NORTH FREEMAN STREET BOYLE 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 2 SITE 3-22 This page left blank intentionally. 4-1 4-2 4-3 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. 2017-65 TO PLACE THE PROPERTY LOCATED AT 2377 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-64 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 May 24, 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. 2017-65) and categorization (Historic Resources Commission Categorization No. 2017- 64) of the property located at 2377 North Flower Street, Santa Ana. B. The A. & M. Wagner House has distinctive architectural features of the Minimal Traditional style, and was built in 1937 by Wesley Farney. C. The A. & M. Wagner House qualifies for listing in the Santa Ana Register of Historical Properties for its exemplification of the distinguishing characteristics of the Minimal Traditional style. Additionally, it qualifies for categorization as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture.” Character defining features of the A. & M. Wagner House that should be preserved include, but may not be limited to: materials and finishes (stucco and wood cladding); massing (one-story, asymmetrical); roof configuration and eave detailing; fenestration (multi- light hung wood windows); brick chimney; modest porch and architectural detailing. D. The legal owners of this property are Mark Phillip Delgado and Marilyn Bernaudo Delgado. 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. EXHIBIT 1 4-4 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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 exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. 2017-159 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. 2017-65 to place the house located at 2377 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-64 to place the house located at 2377 North Flower 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 approval of 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 4-5 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-xx 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 4-6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A - LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-072-11 2377 North Flower Street POTTS, BORDEN & SIDWELL TR LOT 4 60 X 120 FT Mark Phillip Delgado and Marilyn Bernaudo Delgado 4-7 MILLS ACT AGREEMENT 2377 North Flower Street Santa Ana, CA 92706 - 1 - RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 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”), Mark Phillip Delgado and Marilyn Bernaudo Delgado (hereinafter collectively referred to as “Owner”), owners of real property located at 2377 North Flower 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 Owner 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 possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2377 North Flower 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 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 4-8 MILLS ACT AGREEMENT 2377 North Flower Street 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 June 20, 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, 4-9 MILLS ACT AGREEMENT 2377 North Flower Street 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, 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 necessar y 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 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 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 4-10 MILLS ACT AGREEMENT 2377 North Flower Street 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 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 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 2377 North Flower Street, Assessor Parcel Number 002-072-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. 4-11 MILLS ACT AGREEMENT 2377 North Flower Street 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 due to 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: Mark Phillip Delgado and Marilyn Bernaudo Delgado 2377 North Flower 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 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, agent, 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 4-12 MILLS ACT AGREEMENT 2377 North Flower Street 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, conditions, 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. 4-13 MILLS ACT AGREEMENT 2377 North Flower 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:_________________________ Mark Phillip Delgado Date: ______________________ By:_________________________ Marilyn Bernaudo Delgado APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ LISA STORCK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency 4-14 MILLS ACT AGREEMENT 2377 North Flower Street Santa Ana, CA 92706 - 8 - Exhibit A THAT PORTION OF LOT 4 OF THE POTTS, BORDEN AND SIDEWALL TRACT NO, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 4, PAGE(S) 624, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 002-072-11 4-15 EXECUTIVE SUMMARY A. & M. Wagner House 2377 North Flower Street Santa Ana, CA 92706 NAME A. & M. W agner House REF. NO. ADDRESS 2377 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1937 LOCAL REGISTER CATEGORY: N/A 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: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped-down version of the historic-eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture “a standard, low-cost, minimum house that the majority of American wage earners could afford” (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front-gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi-light casement, double-hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch-roof supports. SUMMARY/CONCLUSION: The A. & M. Wagner House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Minimal Traditional style. Additionally, the house has been categorized as “Contributive” because it “contribute to the overall character and history” of the Floral Park neighborhood and, as an intact example of Minimal Traditional style in the Floral Park neighborhood, “is a good example of period architecture” (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.) C/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 B1 4-16 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 A. & M. Wagner House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad Date: *c. Address 2377 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-072-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on the east side of North Flower Street, the property at 2377 North Flower Street is constructed in the Minimal Traditional style of architecture. The building is a one story, single-family residence with an asymmetrical composition, and a cross-gabled intermediate pitched roof. The roof has little to no eaves along the gables and minimal eaves along the rafter ends. The roof is clad in contemporary asphalt shingle roofing. The primary, west, elevation is dominated by a front-gabled wing with symmetrical fenestration. A brick chimney is located at the north elevation near the front of the residence and is slightly taller than the top of the front facing gable. The exterior of the building is clad in stucco, with horizontal siding at the front gable, with decorative scallops abutting the stucco. The primary elevation features several wood, two-over-two speedline sash hung windows. The primary entry faces a south-west direction and is set back from the front-gabled wing and is sheltered by a small porch. A poured concrete driveway on the southern portion of the property leads to an attached garage located at the southeast corner of the parcel. The property is landscaped with a lawn, low vegetation, and a mature pine tree. *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) West elevation, view northeast December 28, 2017 *P6. Date Constructed/Age and Sources: historic 1937/Cityof Santa Ana Building Permit card *P7. Owner and Address: Mark Phillip Delgado and Marilyn Bernaudo Delgado 2377 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Ricardo Soto, Associate Planner City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: 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) P5a. Photo EXHIBIT B2 4-17 DPR 523A (1/95) *Required information 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 #: A. & M. Wagner House B1. Historic Name: A. & M. Wagner House B2. Common Name: Same B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Other: Minimal Traditional *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed August 24, 1937. $5,500. July 20, 1943. Add. to garage by Bright Bros. & Love for J.O. Gullage, owner. $200. March 4, 1946. Fix. for S. Shulman by W.M. Runge. $80. November 10, 1965. W/H by Earl's Plbg. December 5, 1973. Repair dry rot damage to rear wall & bath floor for G. Randal by Ronald E. Lawson. $1,000. December 7, 1973. 1 underground conduit repair by Grimes Elect. December 26, 1973. 2 fixt., 1 alt. or repair of drainage-vent piping by Alpha Omega Plbg. November 16, 1988. Reroof w/o tear off. *B7. Moved? No Yes Unknown Date:__________ Original Location:________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Wesley Farney *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) This house was originally constructed in 1937, and was valued at approximately $5,500, according to the original building permit. At the time of its construction, the listed property owner and builder was Wesley Farney,a contractor, inventor, and member of the Santa Ana Junior Chamber of Commerce. Mr. Farney's notable construction works in Santa Ana include the Second Baptist church on Second Street and the residence of notable Santa Ana businessman Dale Deckert, located at 1019 North Towner Street. (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: Leslie Heumann *Date of Evaluation: December 28, 2017 A. & M. Wagner House 2377 North Flower Street 4-18 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_ Resource Name: A.& M. Wagner House *Recorded by Ricardo Soto *Date May 2, 2018  Continuation  Update DPR 523L DPR 523A (1/95) *Required information *B10. Significance (continued): While Mr. Farney was listed as owner and builder of the residence, no evidence supports him ever living at the site. The first recorded residents of the home, according to the 1940 city directory, are Arthur S. and Mabel J. Wagner. Mr. and Mrs. Wagner were members of the Ebell Club, and held numerous bridge games and modern literature readings at the home. The next recorded occupant according to the 1950 city directory is Henry C. Houston. W.F. Burroughs is the next recorded occupant according to the 1962 city directory. According to the grant deed, Barbara K. Bruce aquired the property in late 1962 and, according to oral history provided by the applicant, resided at the proprty for ten years. Then, according to the 1979 city directory, Jorge Montello occupied the residence. 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 A.& M. Wagner 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 A. & M. Wagner House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Minimal Traditional style. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood, and, as a modest intact example of the Minimal Traditional style in the Floral Park neighborhood, “is a good example of period architecture.” Character defining features of the A.& M. Wagner House that should be preserved include, but may not be limited to: materials and finishes (stucco and wood cladding); massing (one-story, asymmetrical); roof configuration and eave detailing; fenestration (multi-light hung wood windows); brick chimney; modest porch 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, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) 4-19 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_ Resource Name: A.& M. Wagner House *Recorded by Ricardo Soto *Date May 2, 2018  Continuation  Update DPR 523L 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. Bruce, Joe. (2017, April 29). Personal interview (Delgado). 4-20 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 4-21 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. 4-22 HRCA 2017-65/HRC 2017-64/HPPA 2017-67 2377 NORTH FLOWER STREET A.& M. WAGNER 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 4-23 5-1 5-2 Historic Preservation Award Categories and Criteria Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 www.ci.santa-ana.ca.us Purpose of Award To recognize outstanding achievement in the restoration, rehabilitation, beautification and preservation of the City’s historic resources. Award Eligibility 1. The property must be located within the city, and must be within a historic district or individually designated on either the Local, State or National Register of Historic Places. 2. The project must have been completed between January 1, 2012 and December 31, 2017. 3. The property owner must have obtained all required city permits and approvals. 4. All projects must comply with City of Santa Ana Historic Structure Guidelines, historic district guidelines; and adhere to the Secretary of the Interior’s Standards for Rehabilitation. Nominations Deadline Nominations must be received by July 26, 2018 by 4:00 p.m. in order to be considered for this year’s award list. Nominations may be submitted for consideration by any person or group that is not employed by the City of Santa Ana. Categories for Nomination 1. Restoration Award – For exceptional restoration of a historic resource to its original beauty. Restoration includes the re-use and refurbishment of existing facilities and materials and/or returning a building to its original condition. 2. Rehabilitation Award – For exceptional rehabilitation of a historic property’s exterior structure. Rehabilitation includes the reconstruction of original architectural features using new materials to return the structure or site to its original appearance. 3. Award of Merit – For any significant measure taken to forward the goals of historic preservation. 4. Historic Beautification Award – For the historically appropriate improvement of the setting in which an historic structure is placed. This could be the landscaping, parking area, accessory structures, etc. 5. Historic Infill Design – For new development that is completed in a historic context either in a historic district or historically sensitive area. Review of the Nomination An Ad Hoc Committee will review all applications. The Ad Hoc Committee’s recommendations will be presented to the Historic Resources Commission (HRC) for final designation of the award recipients. Award Presentation & Display The award shall be presented by the HRC at one of their regularly scheduled meetings during the year. The City Council shall recognize the award recipient at its first regular monthly televised meeting in December. The award shall include a certificate given to the property owner at the HRC presentation, as well as a framed exhibit of the subject property presented at the City Council meeting. Program Contact Ricardo Soto, Associate Planner City of Santa Ana Planning Division Ross Annex Building, Second Floor 20 Civic Center Plaza Santa Ana, CA 92702 (714) 667-2793 E-mail: rsoto@santa-ana.org Exhibit 1 5-3 1 Historic Preservation Award Nomination Form Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 www.ci.santa-ana.ca.us Deadline for submissions is Thursday, July 26, 2018 by 4:00 p.m. Project Name: Project Address: Property Owner of Nominated Property: Property Owner of Nominated Property: Name of Person/Firm that should appear on any Award if selected: Category Nominated For:  Restoration Award – For exceptional restoration of an historic resource to its original beauty. Restoration includes the re-use and refurbishment of existing facilities and materials and/or returning a building to its original condition.  Rehabilitation Award – For exceptional rehabilitation of an historic property’s exterior structure. Rehabilitation includes the reconstruction of original architectural features using new materials to return the structure or site to its original appearance.  Award of Merit – For any significant measure taken to forward the goals of historic preservation.  Historic Beautification Award – For the historically appropriate improvement of the setting in which an historic structure is placed. This could be the landscaping, parking area, accessory structures, etc.  Historic Infill Design – For new development that is completed in a historic context either in a historic district or historically sensitive area. Nomination Submitted By: Address: Telephone: E-mail Address: Type of Project:  Residential  Commercial  Other Nominations are made by the general public. City of Santa Ana employees may not nominate projects for an award. Exhibit 2 5-4 2 Historic Preservation Award Nomination Form Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 www.ci.santa-ana.ca.us Project Architect: Contractor: Consultant(s): Please provide a brief description and photographs of the project, if applicable, to substantiate the nomination. 5-5 This page left blank intentionally.