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HomeMy WebLinkAbout25A - AGMT MILLS ACTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 16, 2018 TITLE: APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS (STRATEGIC PLAN NOS. 5,2; 5,3) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Address/House Vote by HRC Preservation Agmt. No. Richard A. Weie and Dianne M. Weie 2017-12 2011 N. Ross St. 7:0 (Contreras -Leo absent Saul Avila and Christina A. Avila 2017-36 1318 N. Baker St. 7:0 (Contreras -Leo absent Dana M. Karges and Terry L. Karges 2017-45 2145 N. Greenleaf St. 7:0 (Contreras -Leo absent Thomas I. Browning & Monica R. 2017-50 2108 N. Heliotrope Dr. 6:1 (Contreras -Leo Browning absent; Murashie abstained Nicholas B. Gillespie and John B. 2017-55 2203 N. Flower St. 6:1 (Contreras -Leo Hicks absent; Murashie abstained Ernesto Estrada 2017-57 2005 N. Greenleaf St. 7:0 (Contreras -Leo absent David M. Nisson and Lisa M. Nisson 2017-59 2013 N. Heliotrope Dr. 6:1 (Contreras -Leo absent; Murashie abstained Kelly B. Peart and Joanne M. 2017-61 2038 N. Ross St. 7:0 (Contreras -Leo Knudsen -Peart absent) Glenn C. Garvin and Robin L. Garvin 2018-01 1110 S. Parton St. 7:0 (Contreras -Leo absent HISTORIC RESOURCES COMMISSION ACTION On October 4, 2018, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. 25A-1 Historic Property Preservation Agreements October 16, 2018 Page 2 DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures (Exhibits B1 -B9). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $7,987.08 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2017-12 2011 N. Ross Street $853.18 B1 2017-36 1318 N. Baker Street 499.86 B2 2017-45 2145 N. Greenleaf Street 783.09 B3 2017-50 2108 N. Heliotrope Drive $1,507.97 B4 2017-55 2203 N. Flower Street $717.72 B5 2017-57 2005 N. Greenleaf Street $850.08 B6 2017-59 2013 N. Heliotrope Drive $1,123.82 B7 2017-61 2038 N. Ross Street $860.20 B8 2018-01 1110 S. Parton Street $791.18 1 B9 Total for All Properties: $7,987.10 Minh Thai s Executive Director Planning and Building Agency PG:fg &RFCAM0-16-18TBA Hlstodc Prop PresemUm Mills Act Agmt 10-16-18 APPROVED TO FUNDS AND ACCOUNTS: Sergio Vid M (zs q) Acting Executive Director Finance and Management Services Agency Exhibits: A. Mills Act Agreement Template B1 -B9 Historic Resources Commission Staff Reports 25A-2 MILLSACTAGREEMENT /Address] Sada Ann, CA 9270 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana (M-30) P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO UCVERNMENT CODE -+ 27353 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 existim, under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and INamel . (hereinafter referred to as "Owner"), owners of real property located at [Address , 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 lAddressl. Santa Ana, CA, 9270X 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 properly 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. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division I of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment EXHIBIT A MILLS A CTAGREEMENT /Address/ Smdn Anti, CA 9270 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. 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 "Department of Parks and Recreation Primary Record" attached hereto as Exhibit C, 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. 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 -'- 25A-4 MILLSACTAGREEMENT /Address) Santa Ana, CA 9270 State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto as Exhibit B, 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 j 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. he-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 examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary 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 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 Owner shall pay a cancellation fee to the County Auditor as set forth in Goverment Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %) 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. -3- 25A-5 DULLS ACT AGREEMENT /Address/ Santa Ana, CA 9270 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 GoN ernment C-ode_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 Owners hereby subject the Historic Property, located at lAddressl, Assessor Parcel Number [Number], 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 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 -4- 25A-6 M/LLSACTAGREEMENT (Address/ Snnht Ann, CA 9170 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 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) P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council Owner: [Nante(s)] [Address] Santa Ana, CA 9270 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of tite Owner's activities in connection with the Historic Property. C. This ]told 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. -5- 25A-7 A//LLS ACT AGREEMENT /Address/ Santo Anti, CA 9270 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 i 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. C. 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_recp_v_er 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. ll. 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. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. (Signature Page Follows) -6- 25A-8 ATTEST: MILLSACTAGREEMENT lAddress] Sada Ann, CA 9270 CITY OF SANTA ANA ZA G0DINE Clerk of the Council City Manager APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: 7N Az� LISA S ORCK Assistant City Attorney OWNER: Date: RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency LIM Date: By: -7- 25A-9 MILLSACT AGREEMEA'T /Address/ Saaia Ana, CA 9270 EXHIBIT A LEGAL DESCRIPTION Assessor's Parcel Number: -8- 25A-10 MLLLSACTAGREEVENT [Address] Saha Axa, CA 9270 Exhibit B 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: 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 buildin„ 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 be discouraged when such alterations historical, architectural or cultural mate -9- 25A-11 additions to existing properties shall not nd additions do not destroy significant ial, and such design is compatible with M/LLSACTAGREEMENT /Address] Santa Ana, CA 9170 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 stricture would be unimpaired. -to- 25A-1 2 to- 25A-12 A/ILLS ACT ACREEAIENT /Address/ Salm Ann, CA 9270 EXHIBIT C Department of Parks and Recreation Primary Record for Property _>>_ 25A-13 25A-14 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMIC L%M MEErIN G DATE OCTOBER 4, 2018 TITLE: �6 -- HISTORIC RESOURCES CO IISSIONSECRErARY PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-15, HISTORIC REGISTER CATEGORIZATION NO. 2017-14, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-12 FOR PROPERTY LOCATED AT 2011 NORTH ROSS STREET {STRATEGIC PLAN NOS. 5,2; 5,31 Prepared by Pedro Gomez APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manage RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-15 and Historic Register Categorization No. 2017-14 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Richard A. and Dianne M. Weie, subject to non -substantive changes approved by the City Manager and City Attomey (Exhibit 2). Request of Applicant Richard A. and Dianne M. Weie are requesting approval to designate an existing residence located at 2011 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the east side of North neighborhood. The site consists of a 1,898 -square -foot, Spanish and garage on a 7,047 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing Ross Street in the Floral Park Colonial Revival style residence In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria EXHIBIT B1 25A-15 HRCA No. 2017-15, HPPA No. 2017-12 October 4, 2018 Page 2 HRC No. 2017-14 established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structure be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties, pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 91 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Dixon -Morris House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Spanish Colonial Revival style. The residence was built in 1927 by W. H. Dixon. Developer and builder Allison Honer (1897-1981), was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous smaller, single-family houses were built. The first known resident of the property was Wilson J. Morris, who was retired but had previously worked in real estate. Morris owned and occupied the house with his wife, step -daughter, and brothers-in-law and remained at the property until at least 1939. The next known resident was Frederick H. Zaiser, who was retired and lived in the building from at least 1947 through at least 1954. Harold W. Jenkins, a foreman at Dimension Mill, lived on the property during the 1960's. The last known resident was John Preston, who was listed in the 1980 city directory as the occupant of 2011 North Ross Street. The Dixon -Moms House is asymmetrical in plan and features a cross -gabled roof along the primary elevation. This portion of the roof is clad in ridged terra cotta tiles of orange and black, while the middle to back portion of the roof is flat and hidden by a low parapet wall. The home features tiled bargeboards, ornamented with leaf -edged circular tiles embossed with crosses in the center and with scrolls on the sides, that accent the gable ends. Centered on the fagade (west elevation), the main entry is located within a square, projecting porch topped by a tiled pyramidal roof and accessed via an archway. In 1985, the formerly detached garage was expanded and attached to the house. A second addition, also from 1985, is located on the east elevation and is not visible from the public right- of-way. More recently, a walled, paved courtyard was constructed that occupies the former front lawn and integrates a curved cement entry path. Most of the windows of the building have been replaced, although the characteristic pattern of muntins outlining upper sashes have been preserved. Additionally, non -original smooth stucco covers the exterior walls, including a chimney attached to the north elevation. However, the occasional use of smooth stucco has been previously seen on Spanish Colonial Revival style residences. Therefore, it's been determined that the non -original windows and the smooth stucco do not detract from the property 25A-16 HRCA No. 2017-15, HRC No. 2017-14 HPPA No. 2017-12 October 4, 2018 Page 3 as it retains a majority of the character -defining features that embody the massing, materials, and detailing of the Spanish Colonial Revival style. It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood, and, as an intact example of the Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture." Character -defining features of the Dixon -Moms House that should be preserved include, but may not be limited to: materials and finishes; roof configuration (cross -gable and low parapet wall); materials and treatments (ridged terra cotta tiles, tiled bargeboards); massing and composition; porch topped by a tiled pyramidal roof; fenestration; and architectural detailing. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. 25A-17 HRCA No. 2017-15, HRC No. 2017-14 HPPA No. 2017-12 October 4, 2018 Page 4 CEQA Compliance 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 -2017-134 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Pedro Gomez Assistant Planner I PG:sb SAHW2018110-4-182011 North Ross Street (Dixon -Moms House)T011 North Ross Street—Staff Report Exhibits 1. - Resolution 2. - Mills Act Agreement 3. - 500' Radius Map 25A-18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-15 TO PLACE THE PROPERTY LOCATED AT 2011 NORTH ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-14 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 October 4, 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. 2017-15) and categorization (Historic Resources Commission Categorization No. 2017-14) of the Dixon -Morris House located at 2011 North Ross Street, Santa Ana. B. The Dixon -Morris House has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1927 by W.H. Dixon. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood, and, as an intact example of the Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture." Character -defining features of the Dixon -Morris House that should be preserved include, but may not be limited to: materials and finishes; roof configuration (cross -gable and low parapet wall); materials and treatments (ridged terra cotta tiles, tiled bargeboards); massing and composition; porch topped by a tiled pyramidal roof; fenestration; and architectural detailing. D. The legal owners of the property are Richard A. and Dianne M. Weie. 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. EXHIBIT1 25A-19 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2017-134 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. 2017-15 to place the Dixon -Morris House located at 2011 North Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-14 placing the Dixon -Morris House located at 2011 North Ross 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 4L' day of October, 2018. Alberta Christy, Chairperson 25A-20 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission m NOES: Commission members ABSTAIN: Commission mem 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 October 4, 2018. Date: Commission Secretary City of Santa Ana 25A-21 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-101-11 2011 North Ross Street PARCEL ONE: Richard A. and Dianne M. Weie LOT 14 OF TRACT NO. 788, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY CALIFORNIA. PARCEL TWO: THAT PORTION OF THE LAND ALLOTTED TO WILLIAM FERGUSON IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK 'B" OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS: ON THE WEST BY THE EASTERLY LINE OF LOT 14 OF TRACT NO. 788, AS PER MAP RECORDED IN BOOK 23, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF 25A-22 25A-23 SAID COUNTY. ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 14; ON THE EAST BY THE WESTERLY LINE OF THE LAND DESGNATED AS "JACOB FISHER" AS PER MAP SHOWING OCNDITIONS AND APPEARANCE OF ORANGE GROVE TRACT WEST OF WEST ST. AND BLOCK 'B" OF COLE TRACT RECORDED IN BOOK 2, PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 14. 25A-23 FREE RECORDING PURSUANT TO GOVERNMENT CODE §27383 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 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 Richard A. and Dianne M. Weie, (hereinafter collectively referred to as "Owners"), owners of real property located at 2011 North Ross 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. Owners possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2011 North Ross 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. City and 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 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 25A-24 E. Owners 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 I of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and Owners agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on October 17, 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 Owners or City desire(s) in any year not to renew the Agreement, Owners or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by Owners to City at least ninety (90) days prior to the annual renewal date, or served by City to 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, Owners 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 Owners of nonrenewal. d. If either Owners or City serves notice to the other of nomenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owners shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, 25A-25 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. Owners shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owners shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owners' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. Owners 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 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 City determines that 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, Owners shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 25A-26 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %:) 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, 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 Owners, the City shall give written notice to 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 Owners), 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 Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owners or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owners if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to 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. Owners hereby subject the Historic Property, located at 2011 North Ross Street, Assessor Parcel Number, 002-101-I1, 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 Owners 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 25A-27 pass to and be binding upon Owners' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the 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. Owners 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 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: Richard A. and Dianne M. Weie 2011 North Ross 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. Owners agree 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 Owners 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. Owners hereby agree 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. 25A-28 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 set forth in section 1. (Signature Page Follows) 25A-29 ATTEST: MARIA D. HUIZAR Clerk of the Council OWNERS: Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney BY: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager By: RICHARD A. WEIE FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 25A-30 EXHIBIT A LEGAL DESCRIPTION PARCEL ONE: LOT 14 OF TRACT NO. 788, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 23, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY CALIFORNIA. PARCEL TWO: THAT PORTION OF THE LAND ALLOTTED TO WILLIAM FERGUSON IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK `B" OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BOUNDED AS FOLLOWS: ON THE WEST BY THE EASTERLY LINE OF LOT 14 OF TRACT NO. 788, AS PER MAP RECORDED IN BOOK 23, PAGE 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ON THE NORTH BY THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 14; ON THE EAST BY THE WESTERLY LINE OF THE LAND DESGNATED AS "JACOB FISHER" AS PER MAP SHOWING OCNDITIONS AND APPEARANCE OF ORANGE GROVE TRACT WEST OF WEST ST. AND BLOCK "B" OF COLE TRACT RECORDED IN BOOK 2, PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LOT 14. Assessor's Parcel Number: 002-101-11 25A-31 EXECUTIVE SUMMARY Dixon -Morris House 2011 North Ross Street Santa Ana, CA 92706 NAME Dixon -Morris House REF. NO. ADDRESS 2011 North Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric M Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. Preceded by the Mission Revival style, movement received widespread attention after the Panama -California Exposition in San Diego in 1915, where lavish interpretations of Spanish prototypes were showcased. The most common features of Spanish Colonial Revival architecture are low-pitched or flat roofs, usually with little or no overhangs clad in red tiles, asymmetrical facades, and stucco exterior walls. Character -defining features of the style also include arches, towers, elaborated chimney tops, balconies and patios, window grilles, wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Dixon -Morris house qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture," representing the Spanish Colonial Revival 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 25A-32 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomi NRHP Status Code Other Listings Review Code Reviewer Date e name(s) or number (assigned by recorder) Dixon -Morris 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 2011 North Ross Street City Santa Ana Zip 92706 `e. Other Locational Data: Assessor's Parcel Number 002-101-11 'P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on the east side of North Ross Street, this one-story, single-family residence exhibits a builder's quirky interpretation of the Spanish Colonial Revival style. The building is asymmetrical in plan. The front portion of the roof along the primary elevation is cross -gabled and is clad in ridged terra cotta tiles of orange and black, while the middle to back portion of the roof, including that of the back additions, is flat and hidden by a low parapet wall. Tiled bargeboards, ornamented with leaf - edged circular tiles embossed with crosses in the center and with scrolls on the sides, accent the gable ends. Metal flashing has been substituted for the original coping of the parapets, which presumably was also tile. Non -original smooth stucco covers the exterior walls, including a chimney attached to the north elevation. Centered on the facade (west elevation), the main entry is located within a square, projecting porch topped by a tiled pyramidal roof and accessed via an archway. The walls of the porch are slightly undulating and battered, echoing the north and south ends of the fagade. A low wall, topped with brick, encloses a patio south of the entry. North of the entry, a large tripartite window is spanned by a flattened arch transom window featuring a radiating pattern of muntins. Other details of the design include a small arched niche above a corbel that accents the porch wall below the roof and an arched vent in the front gable face. (See Continuation Sheet 3 of 3.) •P3b. Resource Attributes: (list attributes and codes) Single-family Property `P4. Resources Present: ■Building OStructure ❑Object ❑Site ❑District ❑Element of District ❑Other P51p. Photo: (view and date) West elevation, view east August 2017 `P6. Date Constructed/Age and Sources: ■historic 1927/City of Santa Ana Building Permit •P7. Owner and Address: Richard A. and Dianne M. Weie 2011 North Ross Street 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: October 4, 2018 •P10. Survey Type: Intensive Survey Update 'P11. Report Citation: (Cite survey report and other sources, or enter "none") None 'Attachments: ONone OLocation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ORock Art Record OArtifact Record OPhotograph Record O Other (list) DPR 523A (1195) EXHIBIT B2 *Required information 25A-33 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRNP Status Code 5S3 'Resource Name or #: Dixon -Morris House B1. Historic Name: Dixon -Morris House 132. Common Name: None B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927. April 30, 1935. Alterations, $125. August 5, 1949. Reroof, $99. October 6, 1960. Addition to residence (sewing room), $1,000. May 9, 1985. Add kitchen, garage. November 22, 1985. Re -stucco. June 3, 1988. Block wall. *B7. Moved? ■No OYes OUnknown Date: Original *B8. Related Features: None. B9a. Architect: Unknown b. Builder: W. H. Dixon *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1927 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terns of historical or architectural context as defined by theme, period, and geographic scope. Also address integ(ty) The house is one of a pair originally constructed in 1927 by W. H. Dixon. Dixon was the owner listed on the original building permit, which valued the house and garage at $6,000. Dixon, who advertised himself as a contractor, builder, and proprietor of Dixon's Durable Dwellings, proudly claimed that the two homes, 2011 North Ross and 1019 North Flower, aren't bargain houses!" in the September 22, 1927 Santa Ana Register. Dixon went on to proudly proclaim: "Clean, clear-cut, honest workmanship and materials were imperatively necessary, every sub -contractor knew he was selected because he could be relied on to do a quality job at a fair price and profit and not because he was the cheapest man." The first known resident of the property was Wilson J. Morris, who was retired, but had previously worked in real estate. Morris owned and occupied the house with his wife, step -daughter, and brothers-in-law, according to the 1930 federal census. City directories indicate that Morris remained at the property until at least 1939. The next known resident was Frederick H. Zaiser, who was retired, and who lived in the building from at least 1947 through at least 1954. The 1962 City directories provided the name of the next known resident., Harold W. Jenkins, a foreman at Dimension Mill. Jenkins had added a sewing room to the house in 1960, according to the building permit records. The last known resident was John Preston, who was listed in the 1980 city directory as the occupant of 2011 North Ross Street. 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 4.) B13. Remarks: *B14. Evaluator: Olivia White/Chattel, Inc. *Date of Evaluation: October4, 2018 (This space reserved for official comments.) Sketch Map Dixon -Morris House 12011 North Ross Street ] vcmu cert �— ]– DPR 523B (1195) 25A-34 'Required information O. O.' t lot maer RAa� j(D@ L O n Rx O A Q DPR 523B (1195) 25A-34 'Required information *P3a. Description (continued): Two additions to the house have been constructed. In 1985, the formerly detached garage was expanded and attached to the house. A second addition, also from 1985, is located on the east elevation and is not visible from the public right-of-way. A more recent addition is a walled, paved courtyard that occupies the former front lawn and curved cement entry path. Newer landscaping accents the courtyard and sidewalk and a simple poured concrete driveway split down the middle leads to the garage on the south elevation. In regards to modifications, the occasional use of smooth stucco has been previously seen on Spanish Colonial Revival style residences. In addition, the stucco does not detract from the property as it retains a majority of the character -defining features that embody the massing, materials, and detailing of the Spanish Colonial Revival style. Other than the noted changes, the house appears intact and is in good condition. *1310. 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 Dixon -Morris 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 Countv 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 Il 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, which has historically been home to many affluent and prominent citizens. The Dixon -Morris House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as 'Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture," representing the Spanish Colonial Revival style in Santa Ana. Character -defining features of the Dixon -Morris House that should be preserved include, but may not be limited to: materials and finishes; roof configuration (cross -gable and low parapet wall); materials and treatments (ridged terra cotta tiles, tiled bargeboards); massing and composition; porch topped by a tiled pyramidal roof; fenestration; and architectural detailing. *B12. References (continued): 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. Orange County Plat Maps, 1912. Historic Maps, Santa Ana History Room, 1923, 1932, 1955. Santa Ana and Orange County Directories, 1926-1961. Santa Ana History Room Collection, Santa Ana Public Library. Classified Advertisement, Santa Ana Register. September 22, 1927. Ancestry.com (federal census, city directories). 25A-35 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 25A-36 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. 25A-37 ARM lamm go F74, rd 7 -EN 77 Tp = yy I it Aj rmF 4 A-4 i'32ft J 500' RADIUS HRCA 2017-15/ HRC 2017-14/ HPPA 2017-12 2011 NORTH ROSS STREET DIXON-MORRIS HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 3 25A-38 REQUEST FOR Historic Resources Commission Action HSrORIC RESOURCES COMMISSION MEEIING DATE-- OCTOBER ATE OCTOBER 4, 2018 TITLE: 0 HISTORIC RESOURCES COMMISSION SECRETARY PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-32, HISTORIC REGISTER CATEGORIZATION NO. 2017-31, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-36 FOR PROPERTY LOCATED AT 1318 NORTH BAKER STREET (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Pedro Gomez APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager` RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-32 and approving Historic Register Categorization No. 2017-31 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Saul and Christina A. Avila, subject to non - substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Saul and Christina A. Avila are requesting approval to designate an existing residence located at 1318 North Baker Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the west side of North Baker Street in the Washington Square neighborhood. The site consists of a 1,216 square foot, Minimal Traditional style residence and detached garage on a 7,231 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a LZKI-00IIAV111VIK 25A-39 HRCA No. HRCA-2017-32, HRC No. HRC -2017-31 HPPA No. HPPA-2017-36 October 4, 2018 Page 2 historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 77 years old. No known code violations exist on record for this property. The property, recognized as the M.C. Walker House, is located within the Washington Square neighborhood boundaries and has distinctive architectural features of the Minimal Traditional style. The residence was built in 1941 by Roy Russell, a notable developer and prominent local builder credited with developing the groves of Floral Park in the late 1920s and 1930s. Symmetrical in plan, the M.C. Walker House has an intermediate hipped roof with closed eaves that slightly overhang and is clad in contemporary asphalt shingle roofing throughout. The exterior is clad in horizontal wood siding and the fenestration are symmetrical, featuring a prominent multiple panel bay window. In addition, the M.C. Walker House incorporates tripartite fixed and double hung windows on the primary elevation while the north and west elevations feature double hung windows. Furthermore, the home incorporates transitional elements of the modern streamline homes, such as a rounded porch above the entryway. Character -defining features of the M.C. Walker House that should be preserved include, but may not be limited to, materials and finishes: fenestrations (symmetrical wood windows and bay window), horizontal wood siding, roof shape and materials (asphalt shingles); and an overextended roofline to form a rounded porch over the entryway. It is recommended that the M.C. Walker House be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and "is a good example of period architecture," representing the Minimal Traditional style in Santa Ana (Municipal Code, Section 30-2.2). Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and 25A-40 HRCA No. HRCA-2017-32, HRC No. HRC -2017-31 HPPA No. HPPA-2017-36 October 4, 2018 Page 3 Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Washington Square Neighborhood and the president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance 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 -2017-151 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitates diverse housing opportunities and support efforts to pr sgrve and improve the livability of Santa Ana neighborhoods). Pedro G ez Assistant tanner I 25A-41 HRCA No. HRCA-2017-32, HRC No. HRC -2017-31 HPPA No. HPPA-2017-36 October 4, 2018 Page 4 PG:sb SAHR02018\10-4-1811318 N. Baker Street (M.C. Walker House) I Staff Report -1318 N. Baker Street Exhibits 1 — Resolution 2 — Mills Act Agreements 3 — 500' Radius Map 25A-42 RESOLUTION NO.2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-32 TO PLACE THE PROPERTY LOCATED AT 1318 NORTH BAKER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-31 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 October 4, 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. 2017-32) and categorization (Historic Resources Commission Categorization No. 2017-31) of the M.C. Walker House located at 1318 North Baker Street, Santa Ana. B. The M.C. Walker House has distinctive architectural features of the Minimal Traditional style, and was built in 1941 by Roy Russell. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Contributive". The M.C. Walker 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 "contributes to the overall character and history" of the Washington Square neighborhood and "is a good example of period architecture," representing the Minimal Traditional style in Santa Ana. Character -defining features of the the M.C. Walker House that should be preserved include, but may not be limited to: materials and finishes; fenestrations (symmetrical wood windows and bay window), horizontal wood siding, roof shape and materials (asphalt shingles); and an overextended roofline to form a rounded porch over the entryway. D. The legal owners of the property are Saul and Christina A. Avila EXHIBIT 1 25A-43 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2017-151 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. 2017-32 to place the M.C. Walker House located at 1318 North Baker Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-31 placing the M.C. Walker House located at 1318 North Baker 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 0 day of October 2018. Alberta Christy, Chairperson 25A-44 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission m 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 October 4, 2018. Date: Commission Secretary City of Santa Ana 25A-45 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 405-271-06 1318 North Baker Street LOT 5 OF TRACT NO. 765, IN Saul and THE CITY OF SANTA ANA, Christina Avila COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE(S) 36, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 25A-46 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"), Saul and Christina A. Avila (hereinafter collectively referred to as "Owner"), owners of real property located at 1318 North Baker 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1318 North Baker 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. 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 25A-47 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: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 17, 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 "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, 25A-48 mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. 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. 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 famish 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 %z) percent by Government Code Section 50286) of the current fair market value of the 25A-49 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, 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. The Owner hereby subjects the Historic Property, located at 1318 North Baker Street, Assessor Parcel Number, 405-271-06, 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. 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 25A-50 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. S. 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 Owners: Saul and Christina A. Avila 1318 North Baker 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 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. 25A-51 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, conditions, 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) 25A-52 ATTEST: MARIA D. HUIZAR Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney BY: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager By: SAUL AVILA By: CHRISTINA A. AVILA 1 N 3CK110 11713101131111 TO:7:\» ItO1%\ lQ MINH THAI Executive Director Planning and Building Agency 25A-53 EXHIBIT A LEGAL DESCRIPTION LOT 5 OF TRACT NO. 765, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE(S) 36, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 405-271-06 25A-54 EXECUTIVE SUMMARY M.C. Walker House 1318 North Baker Street Santa Ana, CA 92706 NAME M.C. Walker House REF. NO. ADDRESS 1318 North Baker Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1941 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION F3 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 M.C. Walker House qualifies for listing in the Santa Ana Register of Historical Properties under Contributive for its exemplification 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 Washington Square neighborhood and "is a good example of period architecture," representing the Minimal Traditional style in 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 25A-55 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomi NRHP Status Code Other Listings Review Code Reviewer Date or number (assigned by recorder) P1. Other Identifier: *P2. Location: El Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *c. Address 1318 North Baker Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 405-271-06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The M. C. Walker House is a one story single-family residence constructed in the Minimal Traditional style. Symmetrical in plan, the house incorporates an intermediate hipped roof with closed eaves that are slightly overhang and clad in contemporary asphalt shingle roofing throughout. The exterior is clad in horizontal wood siding. The fenestration of the windows on the primary elevation are symmetrical, and features a prominent multiple panel bay window, in addition to tripartite fixed and double hung windows on the primary elevation while the north and west elevations feature double hung windows. The home has transitional elements of moderne streamline homes such as a rounded porch above the entryway. A garage sits on the western end of the parcel and is built with the same material as the primary structure. The property is simply landscaped with a lawn, low vegetation and simple walkway at the front setback and includes a driveway located along the north elevation that leads to a detached one-story, two -car garage. The most visible alteration to the house is the non -original contemporary asphalt shingle roofing. Other than the noted changes, the house appears intact 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 P5a. Photo �y Y. i fi ,L r 3"¢A�•3a1, ,�� �'Gm�r..s� ,�. ,. , � x ,..w'�>C'^+�.'1i'} ... 3 P5b. Photo: (view and date) Primary East Elevation, December 13, 2017 *136. Date Constructed/Age and Sources: Ehistoric 1941/City of Santa Ana Building Permit *P7. Owner and Address: Saul and Christina A. Avila 1318 North Baker Street Santa Ana, CA 92706 *P6. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 4, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None OLocation Map OSketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record []District Record ❑Linear Feature Record ❑Milling Station Record []Rock Art Record DArtifact Record []Photograph Record [] Other (list) DPR 523A (1195) *Required information Exhibit B2 25A-56 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRNP Status Code 5S3 *Resource Name or#: M.C. Walker House B1. Historic Name: M.C. Walker House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Minimal Traditional *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed March 28, 1941. $4,000. August 29, 1944. Installation of stove. May 9, 2000. Reroof SFD and detached garage.$3,500. *B7. Moved? ■No OYes OUnknown Date: Original location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1941 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss Importance in terns of histodcal or architectural context as defined by theme, period, and geographic scope. Also address integrity) The M.C. Walker house is architecturally significant as a characteristic example of the Minimal Traditional style. This house was originally constructed in 1941, and was valued at approximately $4,000, according to the original building permit. Roy Russell is listed as the architect of the building, and Horace C. Head was listed as the owner but no records indicate that they actually lived there. The first recorded occupant was M.C. Walker Jr., according to City Directories 1949 - 1950. Mr. Walker was the son of M.C. Walker Sr. who resided on 11611 Skyline Dr. The father and son worked at M.C. Walker and Son; a review of old periodicals found no significant information regarding their business. There was no recorded occupants on the property for 1962 and 1970. B11. Additional Resource Attributes: (List attributes and *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 Huemann/Chattel, Inc. *Date of Evaluation: October 4, 2018 (This space reserved for official comments.) Sketch Map M.C. Walker House 1318 North Baker Street I LOUSE DPR 5238 (1195) *Required information 25A-57 m/MCm TR CT • M Q: Q;& *Q°Q9r 10;©1&0 ro n o u s u ] m a m � m • n a m : m / zo �0 re 19 r O O O pll ® ll; M NC. 765 MN LOUSE DPR 5238 (1195) *Required information 25A-57 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: M. C. Walker House 'Recorded by Pedro Gomez *Date October4, 2018 0 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. 1318 North Baker Street is located on the western edge of Washington Square, a neighborhood southwest of Floral Park bounded by West 15th Street, North Louise Street 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 ll. 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 M.C. Walker House qualifies for listing in the Santa Ana Register of Historical Properties for its representation of the distinguishing characteristics of the Minimal Traditional style. Character defining features of the the M. C. Walker House that should be preserved include, but may not be limited to, materials and finishes: fenestrations (symmetrical wood windows and bay window), horizontal wood siding, roof shape and materials (asphalt shingles); and an overextended roofline to form a rounded porch over the entryway. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Washington Square neighborhood and "is a good example of period architecture," representing the Minimal Traditional style in Santa Ana (Municipal Code, Section 30-2.2). 'B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. 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. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. 25A-58 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. S. 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 25A-59 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. 25A-60 This page left blank intentionally. 25A-62 REQUEST FOR Historic Resources Commission Action HSTORC RESOURCESCOMMSSION MEE rNG DATE OCTOBER 4, 2018 y - HISTORIC RESOURCES COMMISSION SECRETARY TITLE: i PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-41, HISTORIC REGISTER CATEGORIZATION NO. 2017-40, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-45 FOR THE PROPERTY LOCATED AT 2145 NORTH GREENLEAF STREET (STRATEGIC PLAN NOS. 5, 2; APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO 5,3) Prepared by Pedro Gomez Executive Director . Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-41 and Historic Register Categorization No. 2017-40 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Dana M. and Terry L. Karges, subject to non - substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Dana M. and Terry L. Karges are requesting approval to designate an existing residence located at 2145 North Greenleaf Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the east side of North Greenleaf Street and consists of a 1,165 - square -foot, Spanish Colonial Revival style residence and detached garage on a 7,501 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B3 25A-63 HRCA No. 2017-41, HRC No. 2017-40 HPPA No. 2017-45 October 4, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 93 years old. No known code violations exist on record for this property. The property, recognized as the Edwards House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Spanish Colonial Revival style. The residence was built in 1925 by Roy Russell, a notable developer and prominent local builder credited with developing the groves of Floral Park in the late 1920s and 1930s. The Edwards House is rectangular in plan with a porte-cochere attached at the south elevation and a contemporary wood -framed overhang that extends east of the porte-cochere. The house has a predominantly flat roof that is accented by a flat perimeter parapet, an angular stepped parapet, and shallow, moderate -pitch asymmetrical gable at the primary, west elevation. While the roofing material at the flat roof portion is not observable, clay barrel tiles clad the parapets as coping, and clad the asymmetrical gable, and porte-cochere. Fenestration at the primary elevation consists of tripartite Prairie School -style wood casement windows, with windows on the secondary elevations comprised of single -light, double -hung wood windows. The main entry is located within a recessed entry portico under the asymmetrical gable, and consists of a door flanked by two sidelights—all which exhibit a Prairie School -style glazing pattern. Character -defining features of the Edwards House that should be preserved include, but may not be limited to: materials and finishes (stucco); roof configuration, materials, and treatment (clay barrel tiling); massing and composition; doors and windows (Prairie School -style wood casement windows, where extant); entry portico; and porte-cochere. The Edwards House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period,' representative of the Spanish Colonial Revival style. Typical features of the Spanish Colonial Revival exhibited by the Edwards House include stucco cladding, barrel Ole coping and roofing, asymmetrical composition, arched openings, and stepped parapet. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and is a "good example of period architecture" as a highly intact example of a one-story Spanish Colonial Revival house from the 1920s. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 4). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state 25A-64 HRCA No. 2017-41, HRC No. 2017-40 HPPA No. 2017-45 October 4, 2018 Page 3 of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the Califomia Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve a historic resource. Categorical Exemption No. ER -2018-10 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). PG:sb SAHRM20181104.1812145 N. Greenleaf Street (Edwards House) %Staff Report- 2145 N. Greenleaf Street Exhibits: 1. Resolution 2. 500' Radius Map 3. Mills Act Agreement 25A-65 This page left blank intentionally. 25A-66 RESOLUTION NO.2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-41 TO PLACE THE PROPERTY LOCATED AT 2145 NORTH GREENLEAF STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-40 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 October 4, 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. 2017-41) and categorization (Historic Resources Commission Categorization No. 2017-40) of the Edwards House located at 2145 North Greenleaf Street, Santa Ana ("Property"). B. The Edwards House has distinctive architectural features of the Spanish Colonial Revival style, and was built in 1925 by Roy Russell. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible 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" as a highly intact example of a one-story Spanish Colonial Revival house from the 1920s. Character defining features of the Edwards House that should be preserved include, but may not be limited to: materials and finishes (stucco); roof configuration, materials, and treatment (clay barrel tiling); massing and composition; doors and windows (Prairie School -style wood casement windows, where extant); and, entry portico. D. The legal owners of the property are Dana M. Karges and Terry L. Karges. 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 25A-67 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 -2018-10), as these actions are designed to preserve a historic resource. 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. 2017-41 to place the Edwards House located at 2145 North Greenleaf Street, Santa Ana, 92706, on the historical register, and B. Historic Register Categorization No. 2017-40 placing the Edwards House located at 2145 North Greenleaf 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 25A-68 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission 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 25A-69 LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-112-30 2145 North Greenleaf Lot 6 of Tract No. 745, in the Dana M. Karges Street. City of Santa Ana, County of and Terry L. Orange, State of California, as Karges per map recorded in Book 22, Page(s) 12 of Miscellaneous maps in the office of the County Recorder of said county. Exhibit A 25A-70 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Dana M. Karges and Terry L. Karges (hereinafter collectively referred to as "Owner"), owners of real property located at 2145 North Greenleaf 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. Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2145 North Greenleaf 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. 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 25A-71 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division I 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 Term of Agreement. This Agreement shall be effective and commence on October 17, 2015, 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. 25A-72 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 Owners' 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 %z) percent by Government Code Section 50286) of the current fair market value of the property at the time 25A-73 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, 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 hereby subjects the Historic Property, located at 2145 North Greenleaf Street, Assessor Parcel Number, 002-112-30, 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 25A-74 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 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 Attn: Clerk of the Council Owner: Dana M. Karges and Terry L. Karges 2145 North Greenleaf 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. 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, agent, 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. 25A-75 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, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, Owner or Owner's agent shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. 25A-76 ATTEST: MARIA D. HUIZAR Clerk of the Council OWNER: Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney BY: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager By: DANA M. KARGES 0 TERRY L. KARGES RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 25A-77 EXHIBIT A LEGAL DESCRIPTION LOT 6 OF TRACT NO. 745, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 22, PAGE(S) 12 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: 002-112-30 25A-78 EXECUTIVE SUMMARY Edwards House 2145 North Greenleaf Street Santa Ana, CA 92706 NAME Edwards House REF. NO. ADDRESS 2145 North Greenleaf Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I None 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: Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama -California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Edwards House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture," representing the Spanish Colonial Revival 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 BI 25A-79 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomi, NRHP Status Code Other Listings Review Code Reviewer Date or number (assigned by recorder) P1. Other Identifier: *P2. Location: El Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *c. Address 2145 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-112-30 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Edwards House is a one-story house constructed in the Spanish Colonial Revival architectural style. The building is rectangular in plan with a porte-cochere attached at the south elevation, and a contemporary wood - framed overhang that extends east of the porte-cochere. The house has a predominantly flat roof that is accented by a flat perimeter parapet, an angular stepped parapet, and shallow, moderate -pitch asymmetrical gable at the primary, west elevation. While the roofing material at the flat roof portion is not observable, clay barrel tiles clad the parapets as coping, and clad the asymmetrical gable, and porte-cochere. Fenestration at the primary elevation consists of tripartite Prairie School - style wood casement windows, with windows on the secondary elevations comprised of single -light, double -hung wood windows. The windows at the west elevation are shaded by fabric awnings. The main entry is located within a recessed entry portico under the asymmetrical gable, and consists of a door flanked by two sidelights—all which exhibit a Prairie School - style glazing pattern. Both the entry portico and the porte-cochere share distinctively shaped openings marked by rounded corners. There is a detached garage located behind the house along the southern parcel boundary. The property is generally landscaped with low vegetation, shrubs, and lawn. The property retains a high degree of integrity. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family residence *P4. Resources Present: ■Building OStructure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a. Photo P5b. Photo: (view and date) February 2018 Front elevation, facing east. *P6. Date Constructed/Age and Sources: ■historic 1925/City of Santa Ana Building Permit *P7. Owner and Address: Dana M. and Terry L. Karges 2145 North Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Ricardo Soto, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9: Date Recorded: October 4, 2018 *P10. 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 ODistrict Record []Linear Feature Record []Milling Station Record []Rock Art Record []Artifact Record El Photograph Record [] Other (list) DPR 523A (1195) EXHIBIT B2 25A-80 *Required information 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 M Edwards House B1. Historic Name: Edwards House B2. Common Name: Same B3. Original Use: Single-family residence B4. Present Use: Single-family Residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed August 24, 1925. $4,000. September 5, 1935. Reroof. $95. December 2, 1946. Reroof residence by Ross & Barrows. $192. March 24, 1995. Seismic Retrofit. $2,000. January 2, 1997. Reroof— House and Carport (Built-up roof to Built-up roof. $2,750. August 13, 2018. Demo of unpermitted carport. $1,000. August 20, 2018. Changeout (1) dining room window and replace with french doors. $3,800. *B7. Moved7MNo DYes t7Unknown Date: Original Location:_ *68. Related Features: Garage. B9a. Architect: Unknown b. Builder: Roy Russell *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1925 Property Type: Single-family Residence Applicable Criteria: 1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Edwards House is architecturally significant as a characteristic example of the Spanish Colonial Revival style. This house was originally constructed in 1925 by Roy Russell, and was valued at approximately $4,000, according to the original building permit. At the time of its construction the listed property owner was Roy Russell, who was a prominent builder and sub -divider of the Floral Park neighborhood, repectively. According to city directories, R.C. Edwards, an accountant that specialized in Federal and State income tax and inheritance and estate taxes, occupied the residence in 1926. The next recorded occupant was C.S. Givens, owner of the Givens & Cannon Drug Co. with two locations at 433 West Fourth Street and 1703 North Main Street, respectively. Mr. Givens was last listed in city directories as occupyng the home in the 1954 directory. The next documented occupant of the home was L.M. Weaver, whom was listed as retired at the time. (See Continuation Sheet 3 of 3.) 13111. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Huemann, Chattel Inc. *Date of Evaluation: October 4, 2018 (This space reserved for official comments.) Sketch Map Edwards House 2145 North Gi eenleaf Street R Ross i O. a ,TRACT is . a O fi Oi O t0 [ n :Oi Oj to a TRA T O ti e GSFEh4£Af DPR 523B (1/95) *Required a information 25A-81 *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 Edwards 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. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, 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 11 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 Edwards House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period," representative of the Spanish Colonial Revival style. Typical features of the Spanish Colonial Revival exhibited by the Edwards House include stucco cladding, barrel tile coping and rooting, asymmetrical composition, arched openings, and stepped parapet. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and is a "good example of period architecture" as a highly intact example of a one-story Spanish Colonial Revival house from the 1920s. Character defining features of the Edwards House that should be preserved include, but may not be limited to: materials and finishes (stucco); roof configuration, materials, and treatment (clay barrel tiling); massing and composition; doors and windows (Prairie School -style wood casement windows, where extant); entry portico; and porte-cochere. *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. 25A-82 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 25A-83 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. 25A-84 HRC 2017-40/ H RCA 2017-41/ H PPA 2017-45 2145 NORTH GREENLEAF STREET EDWARDS HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 3 25A-85 This page left blank intentionally. r REQUEST FOR ,e Historic Resources Commission Action �. 1 HISTORIC RESOURCES COMWSSION MEEMG DATE OCTOBER 4, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-46, HISTORIC REGISTER CATEGORIZATION NO. 2017-45, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-50 FOR PROPERTY LOCATED AT 2108 NORTH HELIOTROPE DRIVE (STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by Pedro Gomez HISTORIC RESOURCES COMMISSIONSECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-46 and Historic Register Categorization No. 2017-45 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Thomas I. -Browning and Monica R. Browning, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Thomas I. Browning and Monica R. Browning are requesting approval to designate an existing residence located at 2108 North Heliotrope Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Prosect Location and Site Description The subject property is located on the west side of North Heliotrope Drive in the Floral Park neighborhood. The site consists of a 3,759 square foot, Colonial Revival style residence and detached garage on a 19,349 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B4 25A-87 HRCA No. 2017-46, HRC No. 2017-45, HPPA No. 2017-50 October 4, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 76 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Martien House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Colonial Revival style. The residence was built in 1942 by Allison C. Honer, a notable developer and prominent local builder credited as the subdivider and builder of a major portion of northwest Santa Ana. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco Style Old Santa Ana City Hall, the EI Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza. L-shaped and asymmetrical in plan, the Martien House has a steep -pitched open roof with a cross gable at the west elevation, and open gables on the north and south elevations clad in cement fiber shakes. Three dormers are located on the north elevation with multi -light fixed windows. The exterior is clad in horizontal wood siding, and the building has brick chimneys on the primary and rear elevation. The fenestration consists of symmetrically fashioned original multi -light single hung wood windows on the north elevation, adorned with wood shutters. The main entry to the building is recessed with sidelights flanking the doorway and is accessed via a poured concrete two-step stair clad in brick steps. Character -defining features of the Martien House that should be preserved include, but may not be limited to: materials and finishes (horizontal wood siding); roof configuration, materials, and treatment (wood shake shingles and brick chimney); massing and composition; fenestration (multi -lite single hung windows); and architectural detailing (dormers, wood shutters, sidelights). The Martien House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Colonial Revival style. It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax r•• HRCA No. 2017-46, HRC No. 2017-45, HPPA No. 2017-50 October 4, 2018 Page 3 reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance 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 -2018-33 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Pedro Gomez Assitant Planner I PG:sb SAHR02018110-0-1812108 N. Heliotrope Drive (Martian House) \ Staff Report -2108 N. Heliotrope Drive Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500' Radius Map 25A-89 This page left blank intentionally. 25A-90 RESOLUTION NO.2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-46 TO PLACE THE PROPERTY LOCATED AT 2108 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-45 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 October 4, 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. 2017-46) and categorization (Historic Resources Commission Categorization No. 2017-45) of the Martien House located at 2108 North Heliotrope Drive, Santa Ana. B. The Martien House has distinctive architectural features of the Colonial Revival style, and was built in 1947 by Allison Honer. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Contributive". The Martien House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history' of the Floral Park neighborhood and "is a good example of period architecture," representing the Colonial Revival style in Santa Ana. Character -defining features of the Martien House that should be preserved include, but may not be limited to: materials and finishes (horizontal 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, sidelights). D. The legal owners of the property are Thomas I. and Monica R. Browning. EXHIBIT 1 25A-91 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31 as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-33 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. 2017-46 to place the Martien House located at 2108 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-45 placing the Martien House located at 2108 North Heliotrope Drive, 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 Recorders Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 4th day of October, 2018. Alberta Christy, Chairperson 25A-92 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission m 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 August 2, 2018. Date: Commission Secretary City of Santa Ana 25A-93 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description TOwner Names 002-082-02 2108 North Heliotrope THE SOUTH 15.57 FEET OF Thomas I. and Drive LOT 28, ALL OF LOT 27 AND Monica R. THE NORTH 19.43 FEET OF Browning LOT 26, IN BLOCK "A" OF TRACT NO. 103,5, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 33, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA 25A-94 FREE RECORDING PURSUANT TO GOVERNMENT CODE §27383 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 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"), Thomas I. and Monica R. Browning, (hereinafter referred to as "Owners"), owners of real property located at 2108 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 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2108 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. The City and the property Owners, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the 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 25A-95 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 Term of Agreement. This Agreement shall be effective and commence on October 17, 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 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 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 nomenewal 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, 25A-96 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. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owners shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owners shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owners' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owners have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owners shall pay a cancellation fee to the County Auditor as set forth in Government Code 25A-97 Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or 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 Owner 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 2108 North Heliotrope Drive, Assessor Parcel Number, 002-082-02, 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, conditions and restrictions as set forth herein shall be deemed covenants running with the land 25A-98 and shall pass to and be binding upon the Owners' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and conditions 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: Thomas I. and Monica R. Browning 2108 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. 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 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 Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with 25A-99 respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year set forth in section 1. (Signature Page Follows) 25A-100 ATTEST: MARIA D. HUIZAR Clerk of the Council OWNERS: Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager By: THOMAS I. BROWNING LE MONICA R. BROWNING RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 25A-101 EXHIBIT A LEGAL DESCRIPTION THE SOUTH 15.57 FEET OF LOT 28, ALL OF LOT 27 AND THE NORTH 19.43 FEET OF LOT 26, IN BLOCK "A" OF TRACT NO. 103,5, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 33, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 002-082-02 25A-102 EXECUTIVE SUMMARY Martien House 2108 North Heliotrope Drive Santa Ana, CA 92706 NAME Martian House REF. NO. ADDRESS 2108 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1942 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival style has been popular since the 1876 Centennial celebration in Philadelphia that stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side -gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Martian House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history' of the Floral Park neighborhood and "is a good example of period architecture," representing the Colonial Revival 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. 6S3: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT B 1 25A-103 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI#_ PRIMARY RECORD Trinomt NRHP Status Code Other Listings Review Code Reviewer Date or number (assigned by recorder) 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 2108 North Heliotrope City Santa Ana Zip 92706 `e. Other Locational Data: Assessor's Parcel Number 002-082-02 •133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Martian House is located on the north side of Heliotrope Drive, in Floral Park, and is a 1 1/2 story single-family residence constructed in the Colonial Revival style, with an attached side gable garage on the south elevation. L-shaped and asymmetrical in plan, the house has a steep pitched open roof with a cross gable at the west elevation, and open gables on the north and south elevations, clad in cement fiber shake. Three dormers are located on the north elevation with multi -light fixed windows. The exterior is clad in horizontal wood siding, and the building has brick chimneys on the primary and rear elevation. The fenestration consists of symmetrically fashioned original multi -light single -hung wood windows on the north elevation, adorned with wood shutters. The main entry to the building is recessed with sidelights flanking the doorway, and is accessed via a poured concrete two-step stair clad in brick steps. The property is landscaped with a mature tree, a lawn, low vegetation and simple walkway at the front setback, with a hedge separating the property from the property to the north. The driveway is located along the south elevation and leads to the attached, one-story, two -car garage. •P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence W. Resources Present: ■Building ❑Structure DObject []Site ❑District ■Element of District ❑Other P5a. Photo P5b. Photo: (view and date) Primary Elevation, View East March 08, 2018 `P6. Date Constructed/Age and Sources: ■historic 19421 City of Santa Ana Building Permits 'P7. Owner and Address: Thomas 1. and Monica R. Browning 2108 North Heliotrope Drive Santa Ana, CA 92706 •P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 `P9. Date Recorded: October 4, 2018 'P10. Survey Type: Intensive Survey Update 'P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None OLocation Map []Sketch Map WContinuation Sheet ■Building, Structure, and Object Record []Archaeological Record []District Record []Linear Feature Record DMilling Station Record []Rock Art Record DArtifact Record []Photograph Record D Other (list) DPR 523A (1195) EXHIBIT B2 'Required Information 25A-104 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 B1. B2. B3. *85. *B6. *Resource Name or 9: Martian House Historic Name: Martien House Common Name: Same Original Use: Single -Family Residence Architectural Style: Colonial Revival Construction History: (Construction date, alterations, and date of alterations): Constructed 1942 84. Present Use: Single -Family Residence April 1, 1960. Covered Porch for W.J. Lucado.$1,000. August 3, 2005. Reroof SFD and attached garage. November 27, 2017. Kitchen remodel - countertops, cabinets, drywall repair. *87. Moved? ■No I]Yes ClUnknown Date: Original *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Allison C. Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1942 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Martian House is architecturally significant as a characteristic example of the Colonial Revival style. This house was originally constructed in 1942, and was valued at approximately $9,000, according to the original building permit. The first recorded occupants were Gilbert B. Martian and his wife Anna J. Martian, according to city directories 1949 -1950. They first appeared in Santa Ana in the 1920's, where Gilbert worked as an accountant for San Joaquin Fruit Company. Mr. Martian served in the U.S. Army during World War I and was buried at Holy Sepulcher Catholic Cemetery in Orange. The second owner was William G. Lucado who was a major sales representative for Chevrolet Motor Cars from the 1920's to the 1930's; he was born in 1898 and passed in 1965. Mr. Lucado is recorded as the owner up until 1962. (See Continuation Sheet 3 of 3.) B71. 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: *614. Evaluator: Caroline Raftery, Chattel Inc. *Date of Evaluation: October4, 2018 (This space reserved for official comments.) Sketch Map Martian House 2108 North Heliotrope Drive 8 I 33 I 1 I I I I I I I '1062 i, Ir 'ss ,i I 4 0 I d O tl. I I O I I 31 d L I n ii I I I I I ._nl I R I I I I I I I p R rRAC rr IS r6 ❑ 1B t9 ® p > 21 -i ti •!I 23 pi C a. 41 DPR 523B (1195) 25A-105 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Martian House `Recorded by Pedro Gomez *Date October 4, 2018 El 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. The Martien 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 nighttall 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 EI Toro Marine Base during World War Il, 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 (2018) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Martian House qualities for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Colonial Revival style. Character defining features of the Martian House include, but may not be limited to: materials and finishes (horizontal 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, sidelights). Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood and `tis a good example of period architecture,"representing the Colonial Revival 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. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County, Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. 'The Gingerbread Lando Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. 25A-106 This page left blank intentionally. 25A-108 REQUEST FOR 4 Historic Resources Commission Action HISrMCRESOURCES COINMSSIONMEMGDATE -- OCTOBER 4, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-511 HISTORIC REGISTER CATEGORIZATION NO. 2017-50, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-55 FOR PROPERTY LOCATED AT 2203 NORTH FLOWER STREET (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Pedro Gomez HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-51 and Historic Register Categorization No. 2017-50 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with. Nicholas B. Gillespie and John B. Hicks, subject to non - substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Nicholas B. Gillespie and John B. Hicks are requesting approval to designate an existing residence located at 2203 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Prolect Location and Site Description The subject property is located on east side of North Flower Street in the Floral Park neighborhood. The site consists of a 1,644 square foot, Minimal Traditional style residence and detached garage on a 9,000 -square -foot -residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B5 25A-109 HRCA No. 2017-51, HRC No. 2017-50 HPPA No. 2017-55 October 4, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code as the property is 82 years old. No known code violations exist on record for this property. The property, recognized as the Jensen House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Minimal Traditional style. The residence was built in 1936 by an unknown architect. The single-family residential building has a multi -gabled moderate -pitch roof clad in composition shingle roofing, with exposed rafters that extends over the driveway, creating a porte-cochere. The architectural detailing along the front elevation includes vertical flush wood cladding in the front gable end, with horizontal flush wood cladding and stucco cladding on the remainder of the exterior. The fenestration includes large multi -light fixed window at the projecting front gable and double -hung wood windows with speedline sashes at the west elevation—all with decorative shutters—as well as a small octagonal fixed window near the center of the primary elevation. Character -defining features of the Jensen House that should be preserved include, but may not be limited to: materials and finishes (clapboard sheathing); roof configuration; massing; windows; porch; and architectural details such as exposed beams and rafter tails, and accent brick material. The Jensen 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. It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it "contributes to the overall character and history' of the Floral Park neighborhood and "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: 25A-110 HRCA No. 2017-51, HPPA No. 2017-55 October 4, 2018 Page 3 HRC No. 2017-50 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance 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 -2018-58), as these actions are designed to preserve historic resources. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Engagement & Sustainability, Objective No. 2 (expand opportunities for environmental sustainability) and Objective No. 3 (facilitate diverse housing support efforts to preserve and improve the livability of Santa Ana neighborhoods) Pedro Gomez Assist t Planner PG:sb SAHRC\2018\10-0-1812203 N. Flower Street (Jensen House) \ Staff Report- 2203 N. Flower Street Exhibits t — Resolution 2 — Mills Act Agreement 3 — 500' Radius Map 25A-111 Health, Livability, conservation and opportunities and This page left blank intentionally. 25A-112 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. 2017-51 TO PLACE THE PROPERTY LOCATED AT 2203 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-50 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 October 4, 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. 2017-51) and categorization (Historic Resources Commission Categorization No. 2017-50) of the Jensen House located at 2203 North Flower Street, Santa Ana. B. The Jensen House has distinctive architectural features of the Minimal Traditional style, and was built in 1936 by an unknown architect. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Contributive". The Jensen 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 "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture," representing the Minimal Traditional style in Santa Ana. Character -defining features of the Jensen House that should be preserved include, but may not be limited to: materials and finishes (clapboard sheathing); roof configuration; massing; windows; porch; and architectural details such as exposed beams and rafter tails, and accent brick material. D. The legal owners of the property are Nicholas B. Gillespie and John B. Hicks. EXHIBIT 1 25A-113 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31 as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-58 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. 2017-51 to place the Jensen House located at 2203 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-50 placing the Jensen House located at 2203 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 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 4`" day of October 2018. Alberta Christy, Chairperson 25A-114 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 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 October 4, 2018. Date: Commission Secretary City of Santa Ana 25A-115 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-082-13 2203 North Flower Street THAT PORTION OF BLOCK Nicholas B. "C" OF TRACT NO. 41 AS Gillespie and SHOWN ON A MAP John B. Hicks RECORDED IN BOOK 9, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF FLOWER STREET AS SAID FLOWER STREET IS NOW LOCATED WITH THE NORTH LINE OF SAID BLOCK "C"; THENCE SOUTH 1 DEGREE 40'30" WEST ALONG THE EAST LINE OF SAID FLOWER STREET AS NOW LOCATED, 60 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID BLOCK "C", 150 FEET; THENCE NORTH 1 DEGREE 40'30" EAST PARALLEL WITH THE EAST LINE OF SAID FLOWER STREET BLOCK "C"; THENCE WEST ALONG THE NORTH LINE OF SAIDE BLOCK "C"; 150 FEET TO THE POINT OF BEGINNING. 25A-116 MILLSACTAGREEMENT 2203 North Flower Street Santa Ana, CA 92706 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"), Nicholas B. Gillespie and John B. Hicks, (hereinafter referred to as "Owners"), owners of real property located at 2203 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 Owners possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2203 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 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 25A-117 MILLS ACT AGREEMENT 2203 North Flower Street Santa Ana, CA 92706 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 October 17, 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 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 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 nomenewal. 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, M 25A-118 MILLSACTACREEMENT 2203 North Flower Street Santa Ana, CA 92706 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. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. 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 -3- 25A-119 MILLSACTAGREEMENT 2203 North Flower Street Santa Ana, CA 92706 Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) 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, 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 Owners, the City shall give written notice to 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 Owners), 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 Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owners or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owners if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to 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. The Owners hereby subject the Historic Property, located at 2203 North Flower Street, Assessor Parcel Number, 002-082-13, 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. The City and Owners 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 Owners' successors and assigns in title or interest to 4- 25A-120 MILLSACTAGREEMENT 2203 North Flower Street Santa Ana, CA 91706 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. 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: Nicholas B. Gillespie and John B. Hicks 2203 N. 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 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 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 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. -5- 25A-121 MILLSACTAGREEMENT 2203 North Flower Street Santa Ana, CA 92706 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) M 25A-122 ATTEST: MARIA D. HUIZAR Clerk of the Council Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLS ACT AGREEMENT 2203 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA RAUL GODINEZ II City Manager NICHOLAS B. GILLESPIE JOHN B. HICKS RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -7- 25A-123 MILLSACTAGREEMENT 2203 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF BLOCK "C" OF TRACT NO. 41 AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF FLOWER STREET AS SAID FLOWER STREET IS NOW LOCATED WITH THE NORTH LINE OF SAID BLOCK "C"; THENCE SOUTH 1 DEGREE 40'30" WEST ALONG THE EAST LINE OF SAID FLOWER STREET AS NOW LOCATED, 60 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID BLOCK "C", 150 FEET; THENCE NORTH 1 DEGREE 40'30" EAST PARALLEL WITH THE EAST LINE OF SAID FLOWER STREET BLOCK "C'; THENCE WEST ALONG THE NORTH LINE OF SAIDE BLOCK "C"; 150 FEET TO THE POINT OF BEGINNING. FILED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 002-082-13 -8- 25A-124 EXECUTIVE SUMMARY Jensen House 2203 North Flower Street Santa Ana, CA 92706 NAME Jensen House REF. NO. ADDRESS 2203 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1,3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric X 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 Jensen House qualifies for listing in the Santa Ana Register of Historical Properties under Contributive for its exemplification 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 "is a good example of period architecture," representing the Minimal Traditional style in 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 B 1 25A-125 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinnmi NRHP Status Other Listings Review Code Reviewer_ Resource namefs) or number (assi❑ned by rerorcler) 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 2203 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessors Parcel Number 002-062-13 *P3a. Description: (Descdbe resource and its major elements. Include design, materials, condition, alterations, size, setting, and beundades) The Jensen House is an intact example of the Minimal Traditional style. This single-family residential building has a multi - gabled moderate -pitch roof clad in composition shingle roofing with exposed rafters that extends over the driveway, creating a porte-cochere. Architectural detailing along front elevation includes vertical flush wood cladding in the front gable end, with horizontal flush wood cladding and stucco cladding the remainder of the exterior. Fenestration includes large multi -light fixed window at the projecting front gable and double -hung wood windows with speedline sashes at the west elevation—all with decorative shutters—as well as a small octagonal fixed window near the center of the primary elevation. The partial -width porch and porte-cochere are both supported by paired square porch supports with diamond-shaped elements. A detached garage at the rear of the property utilizes vertical flush wood cladding with minimal overhangs. The house includes two circular attic vents on the front elevation. The house appears intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object DSite ❑District ❑Element of District ❑Other P5a. Photo V S n e ,` A NO 10 s i`}rr r P51o. Photo: (view and date) Primary East Elevation March 29, 2018 *P6. Date Constructed/Age and Sources: ■historic 19361 City of Santa Ana Building Permit *P7. Owner and Address: Nicholas B. Gillespie and John B. Hicks 2203 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Manuel J. Escamilla 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 4, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None []Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record DDistrict Record []Linear Feature Record []Milling Station Record []Rock Art Record DArtifact Record []Photograph Record [] Other (list) DPR 523A (1/95) EXHIBIT B2 "Required information 25A-126 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 Kesource Name or w Jensen mouse B1. Historic Name: Jensen House 62. Common Name: Same 63. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *B5. Architectural Style: Minimal Traditional *86. Construction History: (Construction date, alterations, and date of alterations): Constructed August 10, 1936. $5,500. September 9, 1996. Reroof SFD and detachedgarage.$2,350. March 8, 2010. Removal of unpermtfted rear patio and shed. August 3, 2016. Removal of original furnace, replace with HVAC system. *B7. Moved?■No OYes OUnknown Date: Original Location: *B8. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1936 Property Type: Single -Family Residence Applicable Criteria: All, C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Jensen House is significant as a representative example of a Minimal Traditional house from the middle decades of the twentieth century in Santa Ana. The address first appears in the 1937 Santa Ana Directory with Louis R. Braasch listed as the owner. Mr. Braasch was a Building Contractor. Charles J. Johnson was shown to have owned the home in 1941. In 1945 Inventor Arthur E. Jensen was living at the residence with his wife Jeannette Jensen. They lived in the home until 1954 when Mrs. Margit R. was shown as the owner. The 1956 Santa Ana directory indicates that optometrist Gordon Sidney and his wife Florence Sidney lived in the home until at least 1962. City of Santa Ana building permits show that an unpermitted porch addition to the rear of the property was removed in 2010. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and *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: *1314. Evaluator: Brian Matuk/Chattel, Inc. *Date of Evaluation: October4, 2018 (This space reserved for official comments.) Sketch Map Jensen House 2203 North Flower Street 08 ,..• .. IAA r A B C i B 0; Qe i " I N r I I I I ,r— I a flarrR 1 DPR 5238 (1195) 25A-1 27 `Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Jensen House `Recorded by Manuel J. Escamilla *Date October 4, 201817 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. The Jensen 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. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War ll, 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 11 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 Jensen House qualifies for listing in the Santa Ana Register of Historical Properties as "Contributive" for its representation of the distinguishing characteristics of the Minimal Traditional style. Character defining features of the Jensen House include characteristic Minimal Traditional features., including the moderate pitch cross -gable roof, minimal architectural detailing along front elevation including vertical flush wood cladding in the gable ends of the projecting front gable, roof eaves with minimal overhang, multi -light wood windows with decorative shutters, a small octagonal casement window, lapped horizontal and flush vertical wood boards, smooth stucco, and accent brick work at the porch. Character -defining exterior features of the Jensen House that should be preserved include, but may not be limited to: sheathing (clapboard); roof configuration; massing; windows; porch; and architectural details such as exposed beams and rafter tails, and accent brick material. 'B12. References (continued): Harris, Cyril M. American Architecture? An Illustrated Encyclopedia. New York, 1AW 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. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County Los Angeles. History Record Company, 1921, page 989. Park Santiago Neighborhood Association. `The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. 'People Behind Places: Enderle Center." Orange County Genealogical Society Quarterly, December 1993, pages 4-7. DPR 523L 25A-128 MILLSACTAGREEMENT 2203 North Flower Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- 25A-129 MILLSACTAGREEMENT 2203 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- 25A-130 This page left blank intentionally. 25A-132 REQUEST FOR 0Historic Resources Commission Action W HSTORIC RESOURCES MMSION MEETNG DATE: OCTOBER 4, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-539 HISTORIC REGISTER CATEGORIZATION NO. 2017-52, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-57 FOR PROPERTY LOCATED AT 2005 NORTH GREENLEAF STREET (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Pedro Gomez 911 ��� M. Executive Director RECOMMENDED ACTION HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Planning Manager 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-53 and Historic Register Categorization No. 2017-52 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Ernesto Estrada, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Ernesto Estrada is requesting approval to designate an existing residence located at 2005 North Greenleaf Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the east side of North Greenleaf Street in the Floral Park neighborhood. The site consists of a 1,485 square foot, Tudor Revival style residence and detached garage on a 8,420 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B6 25A-133 HRCA No. 2017-53, HRC No. 2017-52, HPPA No. 2017-57 October 4, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 93 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Ward House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Tudor Revival style. The residence was built in 1925 by an unknown architect. However, developer and builder Allison Honer (1897-1981), was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Asymmetrical in design, the Ward House features a steep -pitch, cross -gable roof clad in composition shingle roofing and features two front -facing gables, with a prominent front gable featuring a cat slide (flared eave) that extends over the recessed entry. The exterior of the building is clad in stucco, recently refinished with a sand float finish, to more accurately reflect the Tudor Revival style, and features faux half-timbering and exposed purlins below the eaves. The fenestration consists a mix of multi -light fixed and casement windows, as well as a contemporary bay window. A prominent brick chimney is located at the south elevation. Character -defining features of the Ward House that should be preserved include, but may not be limited to: materials and finishes (stucco and faux half-timbering); roof configuration, materials, and treatment (steep pitch, prominent front gables); massing and composition (entry porch); and fenestration (multi -light windows). The Ward House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Tudor Revival style. It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive" because it "contributes to the overall character and history' of the Floral Park neighborhood and "is a good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state 25A-134 HRCA No. 2017-53, HRC No. 2017-52, HPPA No. 2017-57 October 4, 2018 Page 3 of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance 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 -2018-53 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to pre§prve and improve the livability of Santa Ana neighborhoods). Pedro Gc Assistant PG:sb SAHR02018110-4-1812005 N. Greenleaf Street (Ward House)1 Staff Report- 2005 N. Greenleaf Street Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500' Radius Map 25A-135 This page left blank intentionally. 25A-136 RESOLUTION NO. 2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-53 TO PLACE THE PROPERTY LOCATED AT 2005 NORTH GREENLEAF STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-52 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 October 4, 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. 2017-53) and categorization (Historic Resources Commission Categorization No. 2017-52) of the Ward House located at 2005 North Greenleaf Street, Santa Ana. B. The Ward House has distinctive architectural features of the Tudor Revival style, and was built in 1925 by an unknown builder. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Contributive". The Ward House qualifies for listing in the Santa Ana Register of Historical Properties, under Criterion 1, for its representation of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as Contributive because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture," representing the Tudor Revival style in Santa Ana. Character -defining features of the Ward House that should be preserved include, but may not be limited to: materials and finishes (stucco and faux half-timbering); roof configuration, materials, and treatment (steep pitch, prominent front gables); massing and composition; and fenestration (multi -light windows). D. The legal owner of the property is Ernesto Estrada. 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 25A-137 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31 as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2018-53 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. 2017-53 to place the Ward House located at 2005 North Greenleaf Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-52 placing the Ward House located at 2005 North Greenleaf 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 4th day of October 2018. Alberta Christy, Chairperson 25A-138 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission 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 October 4, 2018. Date: Commission Secretary City of Santa Ana 25A-139 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-103-15 2005 North Greenleaf A PORTION OF THE Ernesto Estrada Street SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ONE, TOWNSHIP FIVE SOUTH RANGE TEN WEST SAN BERNARDINO BASE AND MERIDIAN BOUNDED AND DESCRIBED ACCORDING TO THE MAP OF SURVEY OF SAID LAND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA ON NOVEMBER 9, 1926 IN BOOK 3, PAGES(S) 6 OF RECORD OF SURVEYS AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF GREENLEAF STREET AS SHOWN ON THE MAP ABOVE MENTIONED, DISTANT THEREON NORTH 00 54' EAST 146.01 FEET FROM AN IRON PIN SET AT THE NORTHWEST CORNER OF LONE ONE, IN BLOCK A OF TRACT NO. 256, AS PER MAP RECORDED IN BOOK 14, PAGES(S) 23 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THENCE NORTH 00 54' EAST ALONG SAID EASTERLY LINE OF GREENLEAF STREET 50 FEET; THENCE NORTH 89° 25A-140 25A-141 46' 00" EAST 168.4 FEET; THENCE SOUTH 00 54' WEST PARALLEL WITH THE SAID EASTERLY LINE OF GREENLEAF STREET 50.08 FEET; THENCE SOUTH 89° 48' 30" WEST 168.4 FEET TO THE POINT OF BEGINNING. 25A-141 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Ernesto Estrada, (hereinafter referred to as "Owner"), owner of real property located at 2005 North Greenleaf 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 2005 North Greenleaf 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 25A-142 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 October 17, 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 "Department of Parks and Recreation Primary Record" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, 25A-143 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. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code 25A-144 Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 '/2) 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, 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. The Owner hereby subjects the Historic Property, located at 2005 North Greenleaf Street, Assessor Parcel Number, 002-103-15, 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. 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 25A-145 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. S. 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: Ernesto Estrada 2005 North Greenleaf 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 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. 25A-146 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) 25A-147 ATTEST: MARIA D. HUIZAR Clerk of the Council OWNER: CITY OF SANTA ANA RAUL GODINEZ II City Manager Date: By: ERNESTO ESTRADA 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 25A-148 EXHIBIT A LEGAL DESCRIPTION A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION ONE, TOWNSHIP FIVE SOUTH RANGE TEN WEST SAN BERNARDINO BASE AND MERIDIAN BOUNDED AND DESCRIBED ACCORDING TO THE MAP OF SURVEY OF SAID LAND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA ON NOVEMBER 9, 1926 IN BOOK 3, PAGES(S) 6 OF RECORD OF SURVEYS AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF GREENLEAF STREET AS SHOWN ON THE MAP ABOVE MENTIONED, DISTANT THEREON NORTH 0° 54' EAST 146.01 FEET FROM AN IRON PIN SET AT THE NORTHWEST CORNER OF LONE ONE, IN BLOCK A OF TRACT NO. 256, AS PER MAP RECORDED IN BOOK 14, PAGES(S) 23 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THENCE NORTH 00 54' EAST ALONG SAID EASTERLY LINE OF GREENLEAF STREET 50 FEET; THENCE NORTH 89'46'00" EAST 168.4 FEET; THENCE SOUTH 00 54' WEST PARALLEL WITH THE SAID EASTERLY LINE OF GREENLEAF STREET 50.08 FEET; THENCE SOUTH 89° 48'30" WEST 168.4 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 002-103-15 25A-149 EXECUTIVE SUMMARY Ward House 2005 North Greenleaf Street Santa Ana, CA 92706 NAME Ward House REF. NO. ADDRESS 2005 North Greenleaf Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication X Unrestricted ❑ Prehistoric X Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Ward House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it it "contributes to the overall character and history' of the Floral Park neighborhood and "is a good example of period architecture," representing the Tudor Revival 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 131 25A-150 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) Ward 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 2005 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-103-15 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Ward House is a one-story single-family residential building constructed in the Tudor Revival style. Asymmetrical in design, the house features a steep -pitch, cross -gable roof clad in composition shingle roofing. There are two front -facing gables, with a prominent front gable featuring a cat slide (flared eave) that extends over the recessed entry. The exterior of the building is clad in stucco and features faux half-timbering and exposed purlins below the eaves. The stucco was recently refinished with a sand float stuccco finish, to more accurately reflect the Tudor Revival style. The entryway is characterized by a single contemporary door recessed within a round arch brick surround, accessed via a poured concrete walkway and three brick steps. Fenestration consists a mix of multi -light fixed and casement windows, as well as a contemporary bay window. A prominent brick chimney is located at the south elevation. The property is simply landscaped with a mature tree, a lawn, low vegetation and simple walkway at the front setback. The driveway is located along the south elevation and leads to the detached, one-story, two -car garage. Other than the noted changes, the house appears intact and is in good condition. 'P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure DObject ❑Site DDistrict ■Element of District ❑Other P5b. Photo: (view and date) Primary Elevation, view East W. Date Constructed/Age and Sources: ■historic 1925/ City of Santa Ana Building Permits *P7. Owner and Address: Ernesto Estrada 2005 North Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 4, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None []Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record DDistrict Record ❑Linear Feature Record []Milling Station Record []Rock Art Record DArtifact Record []Photograph Record [] Other (list) EXHIBIT B2 DPR 523A (1195) 25A-151 *Required information 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 'Resource Name or #: Ward House B1. Historic Name: Ward House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed April 30,1925. $4,000. June 24, 1971. Private Swimming Pool for Jerry Ahrens. $2,400. April 22, 1998. Changeout bathroom window and drywall first floor. $2,500. November 15, 1999. Reroof with no tear off, comp shingle over wood shingle. $2,685. *B7. Moved? ■No ElYes DUnknown Date: Original *B8. Related Features: None. 139a. Architect: Unknown b. Builder: N/A *B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1925 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Ward House is architecturally significant as a characteristic example of the Tudor Revival style. This house was originally constructed in 1925, and was valued at approximately $4,400 according to the original building permit. The first recorded owner and occupant was Gilmore C. Ward. Mr. Gilmore was a cashier at Barr Lumber, a lumber company located in Santa Ana. He would eventually become a secretary of the company in the 1940's. Edgar Jeffries was the next recorded occupant from 1945 - 1956. A Lyle N. Carson was the last recorded occupant in 1962. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Brian MatuklChattel, Inc. *Date of Evaluation: October 4, 2018 (This space reserved for official comments.) Sketch Map WordHouse 05 Greenleaf Street - I_ I j I, 1-1 -L °J 1 7 i 11D Jill 1111110 Go I 110 DPR 5238 (7195) 25A-152 'Required informati State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Paae 3 of 3 Resource Name: Ward House *Recorded by Pedro Gomez *Date October 4, 2018 0 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. 2005 Greenleaf is located in central Floral Park, a neighborhood north of downtown Santa Ana bounded by west Seventeenth Street, North Broadway, and Flower street. 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 EI Toro Marine Base during World War ll, 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 11 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 Ward House qualifies for listing in the Santa Ana Register of Historical Properties, under Criterion 1, for its representation of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive because it "contributes to the overall character and history" of the Floral Park neighborhood and "is a good example of period architecture," representing the Tudor Revival style in Santa Ana. Character -defining features of the Ward House that should be preserved include, but may not be limited to: materials and finishes (stucco and faux half-timbering); roof configuration, materials, and treatment (steep pitch, prominent front gables); massing and composition (entry porch); and fenestration (multi -light windows). *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. 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 25A-153 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 25A-154 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. 25A-155 500' RADIUS HRC 2017-52/ HRCA 2017-53/ HPPA 2017-57 2005 NORTH GREENLEAF STREET WARD HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 3 25A-156 A•. UEST Historic Resources Commission Action tt 1-11STORICRESOURCES COMMISSION MEETING DATE- ! F ii,M1 OCTOBER 4, 2018 , TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-55, HISTORIC REGISTER CATEGORIZATION NO. 2017-54, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-59 FOR PROPERTY LOCATED AT 2013 NORTH HELIOTROPE DRIVE (STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Pedro Gomez HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Direbtor , r fanning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-55 and Historic Register Categorization No. 2017-54 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with David M. and Lisa M. Nisson, subject to non - substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant David M. and Lisa M. Nisson are requesting approval to designate an existing residence located at 2013 North Heliotrope Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the east side of North Heliotrope Drive in the Floral Park neighborhood. The site consists of a 2,328 -square -foot, American Colonial Revival residence and detached garage on a 10,432 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B7 25A-157 HRCA No. 2017-55, HRC No. 2017-54, HPPA No. 2017-59 October 4, 2018 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 78 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Flagg House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the American Colonial Revival. The residence was built in 1940 by Allison C. Honer, a notable developer and prominent local builder credited as the subdivider and builder of a major portion of northwest Santa Ana. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco Style Old Santa Ana City Hall, the EI Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. The Flagg House incorporates a two-story massing, symmetrical in composition, with a one-story side wing projecting from the south elevation. Both the primary building mass and wing are side - gabled, with a moderate -pitch roof that exhibits eave returns at the gables. The first -floor exterior of the structure is clad in stucco, with the second story clad in wide, horizontal lapped wood siding. The windows on the primary elevation are wood, six -over -six, double hung windows, with the windows on the secondary elevations being a combination of multi -light hung and casements. A breakfast room addition was constructed in 1991, and a new two-story garage replaced a presumably original garage, also constructed in 1991. It is unclear if the south wing is original, or if it represents the addition of a breakfast room. While the residence has been altered, the alterations do not appear to detract from the integrity of the residence. Character -defining features of the Flagg House that should be preserved, include, but may not be limited to: symmetrical composition; materials and finishes (stucco, wood siding, and pilasters); roof configuration, including eave returns, materials, and treatment; massing and composition (two-story massing, one-story portico with a broken -base pediment and recessed entry); fenestration (multi -pane hung windows where extant); and architectural detailing. The Flagg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the of the American Colonial Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality' representing the American Colonial Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Mills Act Apreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of 25A-158 HRCA No. 2017-55, HRC No. 2017-54, HPPA No. 2017-59 October 4, 2018 Page 3 Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance 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 -2018-56 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Pedro mez Assista t Planner I PG:sb S:\HRC12018110-4-1812013 B. Heliotrope Drive (Flagg House) \ Staff Report- 2013 N. Heliotrope Drive 25A-159 HRCA No. 2017-55, HRC No. 2017-54, HPPA No. 2017-59 October 4, 2018 Page 4 Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500' Radius Map 25A-160 RESOLUTION NO. 2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-55 TO PLACE THE PROPERTY LOCATED AT 2013 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-54 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 October 4, 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. 2017-46) and categorization (Historic Resources Commission Categorization No. 2017-45) of the Flagg House located at 2013 North Heliotrope Drive, Santa Ana. B. The Flagg House has distinctive architectural features of the American Colonial Revival style, and was built in 1940 by Allison Honer. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Key'. The Flagg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the American Colonial Revival style. Additionally, the house has been categorized as "Key' because it "has a distinctive architectural style and quality" representing the American Colonial Revival style in Santa Ana. Character -defining features of the Flagg House that should be preserved, include, but may not be limited to: materials and finishes (stucco, wood siding, and pilasters); roof configuration, including eave returns, materials, and treatment; massing and composition; fenestration (multi -pane hung windows where extant); and architectural detailing. D. The legal owners of the property are David M. and Lisa M. Nisson. 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 25A-161 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 -2018-56 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. 2017-55 to place the Flagg House located at 2013 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-54 placing the Flagg House located at 2013 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 4th day of October 2018. Alberta Christy, Chairperson 25A-162 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission 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 October 4, 2018. Date: Commission Secretary City of Santa Ana 25A-163 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-081-31 2013 North Heliotrope PARCEL 1: David M. and Drive THE NORTH 40 FEET OF LOT Lisa M. Nisson 3 AND THE SOUTH 30 FEET OF LOT 4 IN BLOCK A OF TRACT 1035 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 33, PAGE 46 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE NORTH 3 FEET OF THE SOUTH 25 FEET OF LOT 3 (SAID DISTANCES BEING MEASURED ALONG THE EAST SIDE OF SAID LOT AND THE NORTH LINE OF SAID BEING PARALLEL TO THE SOUTH LINE OF SAID LOT) IN BLOCK A OF TRACT 1035, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 33, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. 25 FEET. 25A-164 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and David M. and Lisa M. Nisson, (hereinafter collectively referred to as "Owner"), owners of real property located at 2013 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 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 2013 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. 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 25A-165 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 October 17, 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. G. 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 "Department of Parks and Recreation Primary Record" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, 25A-166 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. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the 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 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 Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code 25A-167 Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %z) 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, 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. The Owner hereby subjects the Historic Property, located at 2013 North Heliotrope Drive, Assessor Parcel Number, 002-081-31, 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. 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 25A-168 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 Owners: David M. and Lisa M. Nisson 2013 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. 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 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. 25A-169 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) 25A-170 ATTEST: MARIA D. HUIZAR Clerk of the Council OWNER: Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager DAVID M. NISSON LISA M. NISSON RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 25A-171 EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE NORTH 40 FEET OF LOT 3 AND THE SOUTH 30 FEET OF LOT 4 IN BLOCK A OF TRACT 1035 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 33, PAGE 46 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE NORTH 3 FEET OF THE SOUTH 25 FEET OF LOT 3 (SAID DISTANCES BEING MEASURED ALONG THE EAST SIDE OF SAID LOT AND THE NORTH LINE OF SAID BEING PARALLEL TO THE SOUTH LINE OF SAID LOT) IN BLOCK A OF TRACT 1035, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 33, PAGE 46 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. 25 FEET. Assessor's Parcel Number: 002-081-31 25A-172 EXECUTIVE SUMMARY Flagg House 2013 North Heliotrope Drive Santa Ana, CA 92706 NAME Flagg House REF. NO. ADDRESS 2013 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: American Colonial Revival The most universal of all American domestic building styles, the American Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side -gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). SUMMARY/CONCLUSION: The Flagg House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the of the American Colonial Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality' representing the American Colonial Revival 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 B 1 25A-173 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi NRHP Status Other Listings Review Code 3 Resource name(s) or number (assigned by 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 2013 North Heliotrope Drive City: Santa Ana Zip: 92706 `e. Other Locational Data: Assessor's Parcel Number 002-081-31 •P3a. Description: (Descdbe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in the Floral Park neighborhood on the east side of North Heliotrope Drive, the Flagg House is a one- and twostory single-family residential building constructed in the American Colonial Revival style. The two-story massing is symmetrical in composition, with a one-story side wing projecting from the south elevation. Both the primary building mass and wing are side -gabled, with a moderate pitch roof that exhibits save returns at the gables. The first -floor exterior of the structure is clad in stucco, with the second story clad in wide, horizontal lapped wood siding. Projecting from the center bay of the primary building mass is a one-story portico with a broken -base pediment, supported by pilasters and shelters the recessed entry. A fixed diamond pane window occupies the central bay, above the entry portico. The remaining windows on the primary elevation are wood, six -over -six, double hung windows, with the windows on the secondary elevations being a combination of multi -light hung and casements. A breakfast room addition was constructed in 1991, and a new two-story garage replaced a presumably original garage, also constructed in 1991. It is unclear if the south wing is original, or if it represents the addition of a breakfast room. While the residence has been altered, the alterations do not appear to detract from the integrity of the residence. The property is landscaped with low vegetation and neatly trimmed hedges. A driveway with contemporary decorative pavers leads to the detached two-story garage located at the northeast comer of the property. •P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence •P4. Resources Present: ■Building []Structure DObject []Site ❑District ❑Element of District ❑Other Photo P5b. Photo: (view and date) West elevation, view southeast March 2018 `P6. Date Constructed/Age and Sources: ■historic 19401 City of Santa Ana Building Permits 'P7. Owner and Address: David M. and Lisa M. Nisson 2013 North Heliotrope Drive Santa Ana, CA 92706 'P8. Recorded by: Ricardo Soto, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 'Pg. Date Recorded: October 4, 2018 •P10. Survey Type: Intensive Survey Update •P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ONone []Location Map ❑Sketch Map EContinuation Sheet ■Building, Structure, and Object Record []Archaeological Record []District Record []Linear Feature Record []Milling Station Record DRock Art Record DArtifact Record OPhotograph Record D Other (list) EXHIBIT B2 DPR 523A (1/95) 25A-174 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRNP Status Code 5S3 'Resource Name or #: Flagg House B1. Historic Name: Flagg House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: American Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed March 6, 1940. $10,000. September 26, 1952.Enlarge room in residence for R.B Wright by Dale Umphry. $500. September 19, 1990. Demolition of existing two -car garage. $3,000. September 19, 1990. 460 -square -foot two story garage with retreat, study, two balconies, and laundry room. $72,000. January 14, 1991. Solarium addition to sunroom (glass enclosure to proposed Jacuzzi). $5,000. October 1, 1991. Add 105 -square -foot breakfast room. $7,600. August 20, 2018. Demolition of unpermitted wooden patio cover. $1,000. *B7. Moved? ENo OYes OUnknown Date: Original location: *88. Related Features: None. B9a. Architect: Unknown b. Builder: Allison Honer *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1940 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Flagg House is architecturally significant as a characteristic example of the American Colonial Revival style. This house was originally constructed in 1940, and was valued at approximately $10,000, and constructed by Allison Honer, a prominent developer and contractor in Santa Ana that also completed such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War Il, and the 1960 Honer Shopping Plaza, according to the original building permit. The first recorded occupants were Nora A. and A.G Flagg. A.G. Flagg was a prominent businessman that operated the A.G. Flagg Printing & Bookbinding" business from the building located at 114 North Broadway. In addition, Mr. Flagg was also active in the community, holding meberships with the Elks Club, Santa Ana Country Club, Chamber of Commerce and the First Presbyterian Church. (See Continuation Sheet 3 of 3.) 1311. 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: •1314. Evaluator: Brian Matuk7Chattel, Inc. *Date of Evaluation: October 4, 2018 (This space reserved for official comments.) Sketch Map Flagg House C 2013 North Heliotrope Drive I 76 19 20 21 22 75.1 813 4 61 u 6 ue' S 4 n m 2 I lei I I I 41 I 22 I "1,1(31` 32 = ORI VE DPR 523B (1195) 25A-1 7 5 *Required Information *B10. Significance (continued): According to city directories, the next recorded occupant of the residence is Miriam A. Flagg, daughter of Nora and A.G. Flagg. J. Riley Huber, owner of Pure Citrus Juice Co., is the next recorded occupant, according to city directories. Mr. Huber occupied the residence until at least 1952. The next recorded occupant was Robert B. Wright, according to the 1954 directory. Mr. Wright served as manager and vice president of the Bank of America, and was also president of the Kiwanis Club. The occupant of the residence remained unchanged until at least 1962. 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 Flagg 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 EI Toro Marine Base during World War Il, 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 11 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 Flagg House qualities for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the American Colonial Revival style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" representing the American Colonial Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Flagg House that should be preserved, include, but may not be limited to: symmetrical composition; materials and finishes (stucco, wood siding, and pilasters); roof configuration, including eave returns, materials, and treatment; massing and composition (two-story massing, one-story portico with a broken -base pediment and recessed entry); fenestration (multi -pane hung windows where extant); and architectural detailing. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. How to Complete the National Register Registration Form." Washington DC., National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. 25A-176 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 25A-177 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. 25A-178 This page left blank intentionally. 25A-180 REQUEST • Historic Resources Commission Action Q - OCTOBER 4, 2018 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 201'7-58, HISTORIC REGISTER CATEGORIZATION NO. 2017-57, AND HI&ORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-61 FOR PROPERTY LOCATED AT 2038 NORTH ROSS STREET (STRATEGIC PLAN NOS. 5, 2; 5,3) Preoared by Pedro Gomez HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director— Planning Manager 1— RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2017-58 and Historic Register Categorization No. 2017-57 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Kelly B. Peart and Joanne M. Knudsen -Peart, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Kelly B. Peart and Joanne M. Knudsen -Peart are requesting approval to designate an existing residence located at 2038 North Ross Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Description The subject property is located on the west side of North Ross Street in the Floral Park neighborhood. The site consists of a 2,734 square foot, Neoclassical Style residence and detached garage on a 9,831 -square -foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the EXHIBIT B8 25A-181 HRCA No. 2017-58, HRC No. 2017-57, HPPA No. 2017-61 October 4, 2018 Page 2 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the property is 91 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Ridley C. Smith House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Neoclassical Style. The residence was built in 1927 by an unknown builder. However, developer and builder Allison Honer (1897-1981), was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Symmetrical in composition, the Ridley C. Smith House is topped with a side gable, medium - pitched roof with modest overhangs. The exterior of the structure is clad in wide wood clapboard siding. A focal point of the design, the front elevation is dominated by a full-fagade entry porch, with simple square columns and Chinese Chippendale roof -line railings along the roof deck. Divided -light sidelights and decorative square pilasters adorn the entry door, which incorporates a pediment above. In addition, symmetrical double -doors with divided -lights occupy the front elevation, along with two symmetrical wood, six -over -six, double hung windows and a smaller three -over -three, double hung window. Building permits document an interior remodel and addition to the first and second floor area, to create a great room and to create a balcony access from master bedroom second floor. Character -defining features of the Ridley C. Smith House include, but may not be limited to: symmetrical facade, materials and finishes (wood siding and simple square columns); roof configuration, materials, and treatment; massing and composition (full -facade entry porch); fenestration (multi -pane hung windows where extant); and architectural detailing (Chinese Chippendale roof -line railings). The Ridley C. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Neoclassical Style. It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Key" because it "has a distinctive architectural style and quality" representing the Neoclassical style in Santa Ana. 25A-182 HRCA No. 2017-58, HRC No. 2017-57, HPPA No. 2017-61 October 4, 2018 Page 3 Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood Association boundaries. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance 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 -2018-95 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and 25A-183 HRCA No. 2017-58, HRC No. 2017-57, HPPA No. 2017-61 October 4, 2018 Page 4 environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Pedro Gomez Assistant Planner I PG:sb SAHRC12018\10.4-1812038 N Ross Street (Ridley C. Smith House) \ Staff Report -2038 N Ross Street Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500' Radius Map 25A-184 RESOLUTION NO.2018-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-58 TO PLACE THE PROPERTY LOCATED AT 2038 NORTH ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2017-57 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 October 4, 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. 2017-58) and categorization (Historic Resources Commission Categorization No. 2017-57) of the Ridley C. Smith House located at 2038 North Ross Street, Santa Ana. B. The Ridley C. Smith House has distinctive architectural features of the Neoclassical Style, and was built in 1927 by an unknown builder. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Key'. The Ridley C. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Neoclassical style. Additionally, the house has been categorized as "Key' because it "has a distinctive architectural style and quality" representing the Neoclassical style in Santa Ana. Character - defining features of the Ridley C. Smith House include, but may not be limited to: materials and finishes (wood siding and columns); roof configuration, materials, and treatment; massing and composition; fenestration (multi -pane hung windows where extant); and architectural detailing. D. The legal owners of the property are Kelly B. Peart and Joanne M. Knudsen -Peart. 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 25A-185 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 -2018-95 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. 2017-58 to place the Ridley C. Smith House located at 2038 North Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2017-57 placing the Ridley C. Smith House located at 2038 North Ross 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 4th day of October 2018. Alberta Christy, Chairperson 25A-186 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission mem 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 October 4, 2018. Date: Commission Secretary City of Santa Ana 25A-187 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-112-22 2038 North Ross Street LOT 25 OF TRACT 788 IN Kelly B. Peart THE CITY OF SANTA ANA, and Joanne M. COUNTY OF ORANGE, Knudsen -Peart. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 49 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 25A-188 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"), Kelly B. Peart and Joanne M. Knudsen -Peart, (hereinafter referred to as "Owners"), owners of real property located at 2038 North Ross 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 Owners possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2038 North Ross 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 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 25A-189 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: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 17, 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 Ownesr 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, 25A-190 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. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owners shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owners shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owners shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owners' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to famish 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 25A-191 Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %:) 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, 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 Owners, the City shall give written notice to 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 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 Owners growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owners or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owners if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to 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. The Owners hereby subject the Historic Property, located at 2038 North Ross Street, Assessor Parcel Number, 002-112-22, 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. 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 25A-192 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. 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 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 Owners: Kelly B. Peart and Joanne M. Knudsen -Peart 2038 North Ross 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 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 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. 25A-193 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) 25A-194 ATTEST: MARIA D. HUIZAR Clerk of the Council OWNERS: Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager 0 m KELLY B. PEART JOANNE M. KNUDSEN-PEART RECOMMENDED FOR APPROVAL: ull►11�. i.1i. Executive Director Planning and Building Agency 25A-195 EXHIBIT A LEGAL DESCRIPTION LOT 25 OF TRACT 788 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGE 49 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-112-22 25A-196 EXECUTIVE SUMMARY Ridley C. Smith House 2038 North Ross Street Santa Ana, CA 92706 NAME Ridley C. Smith House REF. NO. ADDRESS 2038 North Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I 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: Neoclassical Style A renewed interest in classical models of architecture began at the World's Columbian Exposition in Chicago in 1893. The planners of the exposition insisted on classical -themed architecture, and the photographs from the Exposition became models for architects across the country. Drawing primarily from Roman and Greek classical architectural motifs, neoclassical architecture emphasizes symmetry, porches with classical support columns, and the use of classical detailing including lintels, pediments, colonnades, arches, and vaults. Neoclassical design also borrowed elements from earlier American styles including Georgian, Federal, and Greek revival. Neoclassical residential architecture experienced two waves of popularity, one from 1900 to 1920, and another from around 1925-1950s. Neoclassical buildings typically have a front fagade often dominated by a full -height entry porch supported by two-story classical columns. Facades typically exhibit symmetry and balance. Other common features include elaborated doorways that incorporated Federal, Greek Revival, or Georgian elements; centered entrances; detailed cornices; rectangular, double -hung windows; roof -line balustrades (McAlester 434-446). SUMMARY/CONCLUSION: The Ridley C. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Neoclassical style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" representing the Neoclassical style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Ridley C. Smith House include, but may not be limited to: symmetrical facade, materials and finishes (wood siding and simple square columns); roof configuration, materials, and treatment; massing and composition (full-fagade entry porch); fenestration (multi -pane hung windows where extant); and architectural detailing (Chinese Chippendale roof -line railings). 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 25A-197 State of California—The Resources Agency Prir DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trin NRHP Status Code Other Listings Review Code Reviewer Date Resource name(s) or number (assigned by recorder) Ridley C. 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 2038 North Ross Street City: Santa Ana Zip: 92706 •e. Other Locational Data: Assessor's Parcel Number 002-112-22 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the west side of North Riverside Drive, the Ridley C. Smith House is a two-story single-family residence constructed in the Neoclassical style at 2038 North Ross Street. The residence is symmetrical in composition, topped with a side gable, medium -pitched asphalt shingle -clad roof with modest overhangs. The exterior is clad in wide wood clapboard siding. The east elevation (facade) is dominated by a full-fagade entry porch, with simple square columns and Chinese Chippendale roof -line railings along the flat roof deck. Divided -light sidelights and decorative square pilasters flank the entry door, which incorporates a pediment above. This elevation also contains symmetrical double -doors with divided - lights, along with two symmetrical wood, six -over -six, double hung windows and a smaller three -over -three, double hung window. The windows along the north and south elevations are multi -light hung and casement. The north elevation has a prominent brick chimney. The south elevation features four three -over -three windows and two smaller windows. Building permits document an interior remodel and addition to the first and second floors, to create a great room and to create balcony access from master bedroom second floor. The property is landscaped with low vegetation, neatly trimmed hedges, and a walkway leading to the front entry. A'Hollywood driveway' with a central strip of grass leads to a detached one-story garage, clad in wood clapboard siding and located at the southwest corner of the property, built at the same time as the residence. Additions noted in the building permit record are not visible from the public right-of-way. Other than the noted changes, the house appears intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure DObject ❑Site ❑District DElement of District ❑Other P5a. Photo lA i I{ I a �i P5b. Photo: (view and date) East elevation, view west Apri12018 *P6. Date Constructed/Age and Sources: ■historic 1927/ City of Santa Ana Building Permits W. Owner and Address: Kelly B. Peart and Joanne M. Knudsen -Peart 2038 North Ross Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: October 4, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record DDistrict Record ❑Linear Feature Record ❑Milling Station Record DRock Art Record DArtifact Record CI Photograph Record D Other (list) DPR 523A (1195) EXHIBIT B2 *Required information 25A-198 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 -rcesource Name or s: murey V. unuur nuu�v B1. Historic Name: Ridley C. Smith House B2. Common Name: Same B3. Original Use: Single-family Residence 134. Present Use: Single-family Residence *B5. Architectural Style: Neoclassical *B6. Construction History: (Construction date, alterations, and date of alterations): April 25, 1927. Constructed. $7,000. November 7, 1934. Chimney. $46. February 11, 1960. Interior alteration for Geo. Bradley. $2,500. May 21, 1947. Add to resdience 12x15 by Geo. Bradley. $2000. July 20, 1971. 2"d Story addition (bedroom and closet) for D. Dincock $3,350. December 12, 1988. Reroof. July 11, 2007. Reroof front entryporch only. $900. October 16, 2016. Addition to downstairs area to create great room, create a balcony access from master bedroom second floor, relocate existing half bathroom on the first Floor. $80,000. January 23, 2017. Reroof original house & detatched garage. $5,000. *B7. Moved? WNo OYes OUnknown Date: Original location: *B6. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1937 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Ridley C. Smith House is architecturally significant as a characteristic example of the Neoclassical style. This house was originally constructed in 1927, and was valued at approximately $7,000, according to the original building permit. The first recorded occupants are Ridley C. and Jessie M. Smith. Bora in Texas, Ridley C. Smith attended grammar school in Santa Ana, graduated from Santa Ana High School and graduated from the University of Southern California (1922) from the College of Law. The same year he was admitted to The State Bar of California. In 1925, Ridley C. Smith returned to Santa Ana to manage a large wholesale dairy products plant, which he managed for several years. In 1932, he returned to his law practice with offices in the Bank of America Building and in 1935 he was elected to the School Board of Education of the Santa Ana High School District. (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 Sketch Map Sanborn Maps (See Continuation Sheet 3 of 3.) t 1313. Remarks: *1314. Evaluator: Caroline Raftery, Chattel Inc. 1 I ab i *Date of Evaluation: October 4, 2018 (This space reserved for official comments.) 112 I* 36 O Ridley C. Smith House 2038 North Ross Street N./. Co. I. JLNUL N0. 1 788 so 18 l a 18 Mar DPR 523B (1195) 25A-199 *Required information *1310. Significance (continued): Ridley C. Smith was an active member of the Santa Ana community, specifically as a member of the First Presbyterian Church, President of the Y.M.C.A. Toast Masters Club, member of the Orange County Bar Association and as an Exalted Ruler of the Santa Ana Elks Lodge, which meant he was amongst the highest members that governed the Elks Lodge. In 1942, the house was sold to George E. and Elms M. Bradley. Mr. Bradley was originally from Waterloo, Iowa, and was also an attorney with offices in the Spurgeon Building. He married Elma M. McBridge (maiden name) in 1934. Elmawas also an Exalted Ruler of the Santa Ana Elks Lodge. The home was subsequently sold in 1970 to Desmund R. Pincock, who was the recorded owner up until 1975. The Ridley C. Smith 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 orange, avocado, and walnut trees 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 EI Toro Marine Base during World War ll, 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 11 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 Ridley C. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Neoclassical style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" representing the Neoclassical style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Ridley C. Smith House include, but may not be limited to: symmetrical facade, materials and finishes (wood siding and simple square columns); roof configuration, materials, and treatment; massing and composition (full-fagade entry porch); fenestration (multi -pane hung windows where extant); and architectural detailing (Chinese Chippendale roof -line railings). *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestrycom Operations Inc, 2000. Ancestrycom. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestrycom Operations Inc, 2002. 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 Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources."Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. Year: 1930, Census Place: Santa Ana, Orange, California; Page: 6B; Enumeration District., 0080; FHL microfilm: 2339917 25A-200 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 25A-201 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. 25A-202 500' RADIUS HRC 2017-57/ HRCA 2017-58/ HPPA 2017-61 2038 NORTH ROSS STREET RIDLEY C. SMITH HOUSE PLANNING AND BUILDING AGENCY EXHIBIT C 25A-203 This page left blank intentionally. 25A-204 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEETING DATE OCTOBER 4, 2018 TITLE: 6 HISTORIC RESOURCES COMMISS❑N SECRETARY HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2018-01 (MILLS ACT) FOR THE PROPERTY LOCATED AT 1110 SOUTH PARTON STREET {STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by Pedro Gomez APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning Mana r RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Glenn C. and Robin L. Garvin for the property located at 1110 South Parton Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant Glenn C. and Robin L. Garvin are requesting approval to execute a Mills Act agreement with the City of Santa Ana at an existing residence located at 1110 South Parton Street that is currently listed on the Santa Ana Register of Historical Properties. Project Location and Site Description The subject property, known as the Friend House, consists of an existing one-story Craftsman Bungalow style residence that is approximately 1,475 square feet in size with a detached garage on a 6,792 -square -foot residential lot (Exhibit 2). The home was added to the Santa Ana Register of Historical Properties in 2003 and categorized as "Contributive." Analysis of the Issues Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 1). The property is listed on the Santa Ana Register of Historical Properties and categorized as Contributive, making it eligible for a Mills Act agreement. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: EXHIBIT B9 25A-205 HPPA No. 2018-01 October 4, 2018 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2003, the Historic Resources Commission adopted Resolution No. 2004-03 approving Historic Resources Commission Application No. 2003-68 and Historic Register Categorization No. 2003- 70 to place the Friend House on the historical register and within the Contributive category. The Friend House was determined to be architecturally significant as one of the few examples of the Craftsman architectural style in the Wilshire Square neighborhood and as one of the oldest, if not the oldest, homes in the neighborhood. The Friend House qualified for listing under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period." Additionally, the house was categorized as "Contributive" because it "contributes to the overall character and history" of Wilshire Square and "is a good example of period architecture." At the time, the property owner did not express a desire to enter into a Historic Property Preservation Agreement (Mills Act) with the City. Furthermore, the property was sold four separate times between 2015 and 2018. The property was acquired by the previous owner, Gabriela Esqueda, on June 6, 2017. Ms. Esqueda expressed a desire to improve the property and requested approval to execute a Mills Act agreement with the City of Santa Ana. However, Ms. Esqueda sold the property to Mr. and Mrs. Garvin in August 2018. Mr. and Mrs. Garvin are now requested approval to execute a Mills Act agreement with the City. The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER -2018-81 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Pedro Gomez Assistant Planner I PG:sb S1HM2018\104-1811110 S. Parton Street (Friend House)11110 S. Parton Street—Staff Report 25A-206 HPPA No. 2018-01 October 4, 2018 Page 3 Exhibits 1 - Mills Act Agreement 2 - 500' Radius Map 25A-207 This page left blank intentionally. 25A-208 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Glenn C. and Robin L. Garvin, (hereinafter collectively referred to as "Owner"), owners of real property located at 1110 South Parton 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 1110 South Parton 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 and pursuant to Resolution No. 2004-03, approving Historic Resources Commission Application No. 2003-68 and Historic Register Categorization No. 2003-70. 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 EXHIBIT 1 25A-209 appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 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 the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 17, 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 - 25A -210 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. 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 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 25A-211 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 Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) 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. hi 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 hereby subjects the Historic Property, located at 1110 South Parton Street, Assessor Parcel Number, 013-092-17, 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. 25A-212 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 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 Attn: Clerk of the Council Owners: Glenn C. and Robin L. Garvin 1110 South Parton Street Santa Ana, CA 92707 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, agent, 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 25A-213 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. 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, 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, 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) 25A-214 ATTEST: MARIA D. HUIZAR Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney CITY OF SANTA ANA RAUL GODWEZ II City Manager BY: GLENN C. GARVIN By: ROBIN L. GARVIN RECOMMENDED FOR APPROVAL: Executive Director Planning and Building Agency 25A-215 EXHIBIT A LEGAL DESCRIPTION LOT 3 AND THE NORTH 5 FEET OF LOT 4 IN BLOCK "A" OF TRACT NO. 869, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 26, PAGE 29 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER. Assessor's Parcel Number: 013-092-17 25A-216 EXECUTIVE SUMMARY FRIEND HOUSE 1110 South Parton Street Santa Ana, CA 92707 NAME Friend House REF. NO. ADDRESS 1110 South Parton Street CITY Santa Ana ZIP 1 92707 ORANGE COUNTY YEAR BUILT Circa 1922 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Wilshire Square NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE SSl Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Friend House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period." Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Wilshire Square and "is a good example of period architecture" as one of the few examples of the Craftsman style in the neighborhood (Municipal Code Section 30-2.2)." EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 5S1 Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. EXHIBIT Bl 25A-217 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi NRHP Status Other Listings Review Code Reviewer Resource name(s) or number (assioned by recorder) F P1. Other Identifier: •P2. Location: ❑Not for Publication ■Unrestricted "a. County Orange County 'b. USGS 7.5' Quad Tustin TCA 2555 Date: 'c. Address 1110 South Parton Street City Santa Ana Zip 92707 'e. Other Locational Data: Assessor's Parcel Number., 013-092-17; TR 869 Lot: 3 Block: A(and N 5FT Lot: 4 Block., A •P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A front gable spans the entire fagade of this one-story Craftsman bungalow. The bargeboard is supported by carved brackets and punctuated by purlins. Rafters are visible in the overhanging eaves along the side elevations. Three louvered attic vents, arranged in a Palladian configuration, are centered beneath the peak of the gable. Occupying the south half of the fagade, a recessed porch is outlined by a segmental arch that is cut into the clapboard cladding of the building. A stick porch railing connects a clapboard pedestal next to the central entry stairs and a brick pier at the corner. Spanned by a multi - light transom, a tripartite window overlooks the porch space. A single double -hung sash, sixteen -over -one, is located on the north half of the fagade. The porch treatment, brick foundation, and attic vents suggest that modifications were made to the house in the 1920s and 1930s, perhaps when building permits for unspecified alterations were obtained in 1925 and 1935. In the rear of the property, a one-story, front -gabled garage retains a vertical slat vent that is probably echoes the original treatment of the attic vents on the house. Otherwise unaltered, the house is in good condition. '133b. Resource Attributes: (list attributes and codes) HP2. Single-family Property 'P4. Resources Present: ■Building ❑Structure []Object ❑Site ❑District []Element of District ❑Other 'P11. Report Citation: (Cite survey report and other sources, or enter "none') None. P5b. Photo: (view and date) East elevation September 2003 'P6. Date Constructed/Age and Sources: ■historic Circa 1922/Source: Orange County and Santa Ana City Directories •P7. Owner and Address: Louis A. Silva 1110 South Parton Santa Ana, CA 92707-1132 `P8. Recorded by: Leslie J. Neumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 •P9. Date Recorded: October 1, 2003 •P10. Survey Type: Intensive Survey "Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record []Rock Art Record OArtifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) `Required information EXHIBIT B2 25A-218 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 5S1 *Resource Name or #: Friend House B1. Historic Name: Friend House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman *136. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1922. March 21, 1925. Alterations. December 19, 1935. Alterations. February 14, 1936. Reroof. November 5, 1951. Reroof. January 6, 1992. Reroof with tear off. *B7. Moved? ■No DYes OUnknown Date: Original Location: *B8. Related Features: Garage. B9a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Friend House is architecturally significant as one of the few examples of the Craftsman style in the Wilshire Square neighborhood. It is also historically notable as one of the oldest, if not the oldest homes in the neighborhood. According to research conducted by the Wilshire Square Neighborhood Association, the house was built in 1915. However, city directory listings for the property, apparently originally addressed as 620 Fairview, first appeared in 1923. Marcus and Anna Friend were the owners and residents. Mr. Friend was a grocer, initially working for F. J. Hershiserin the Grand Central Market and then beginning in 1926, as a partner in the Friendale Self Service Grocers, also located in Grand Central Market. (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: (List attributes and *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Leslie J. Neumann *Date of Evaluation: October 1, 2003 (This space reserved for official comments.) DPR 5238 (1195) Sketch Map coo• meer� o � _ roe t o O t7 O O ©ei e0 O O O G 0 O O @ O O p p +mer. na�i�o .. rn`-een g n Friend House 1110 South Parton Street 25A-219 *Required information State of California—The Resources Agency Primary # I DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET -trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Friend House 'Recorded by Leslie J. Neumann, SAIC *Date October 1, 2003 IHI Continuation ❑ Update 'B10. Significance (continued): Santa Ana was founded by WI iam 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 initially 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 Friend House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K. Hanson, O'Brien, and Lewis. Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1,875. 00 boasted "five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Register. April 12, 1923). By 1923, all of Flower, Gamsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest comer of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for "courts and apartments," apparently as a buffer for the "neighborhood business" zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War Il. Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built., variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War II building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997. The Friend House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period." As an example of a Craftsman bungalow, the house showcases the gable roof with overhanging eaves, front porch, wood cladding, and tripartite window that were often associated with style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history' of Wilshire Square and "is a good example of period architecture" as one of the few examples of the Craftsman style in the neighborhood. Character defining exterior features of the Friend House that should be preserved include, but may not be limited to: materials and finishes (wood, clapboard); roof configuration and treatment,, massing and composition; original doors and windows; porch; garage; and architectural detailing (porch supports, brackets window surrounds). DPR 523L 25A-220 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Friend House 'Recorded by Leslie J. Neumann, SAIC `Date October 1, 2003 0 Continuation ❑ Update '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. Historic maps in the collection of the History Room of the Santa Ana Public Library. Santa Ana and Orange County Directories, 1905-1931. Santa Ana Register April 12, 1923. "Vintage Santa Ana Right On Track." The Register. January 13, 1990. "Neighbors Gear Up For Big Project." Los Angeles Times. August 6, 1992. "Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times. October 5, 1996. "Wilshire Square—A Profile in Pride of Ownership." City Line. July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www.wilshiresquare.com www.geocities.comlHeartlandl33831aia.htm DPR 523L 25A-221 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 25A-222 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. 25A-223 HPPA 2018-1 1110 SOUTH PARTON STREET FRIEND HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 3 25A-224