HomeMy WebLinkAboutD - 01-24-19_HPPA2018-03_810 N FRENCH STREETD-1
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EXHIBIT 1
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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 Victoria A. Betancourt, (hereinafter collectively referred to as “Owner”),
owners of real property located at 810 North French 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 810
North French Street, Santa Ana, CA, 92701 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.
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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 February 19, 2019, and shall
remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the
effective date of this Agreement, such initial term will automatically be extended as provided in
California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall
automatically be added to the initial ten (10) year term of this Agreement unless written notice of
nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
c. Within 30 days from receipt of City’s notice of nonrenewal, the Owner may file a
written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features described in the “Historical Property Description” attached hereto, marked as
Exhibit B, notably the general architectural form, style, materials, design, scale, proportions,
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.
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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 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 have failed to restore or rehabilitate the property in the
manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the
Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code
Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half
(12 ½) percent by Government Code Section 50286) of the current fair market value of the
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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. Owner hereby subjects the Historic Property, located at 810 North French
Street, Assessor Parcel Number, 398-017-06, 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. 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
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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: Victoria A. Betancourt
810 North French Street
Santa Ana, CA 92701
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.
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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 in Section 1.
{Signature page follows}
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
MARIA D. HUIZAR RAUL GODINEZ II
Clerk of the Council City Manager
OWNER
Date: ______________________ By:_________________________
VICTORIA A. BETANCOURT
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
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EXHIBIT A
LEGAL DESCRIPTION
LOT 8 AND THE NORTHERLY 20 FEET OF LOT 9 IN BLOCK F OF THE PRICE AND
STELLA FRUIT ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, AS PER
MAP RECORDED IN BOOK 28, PAGE 5 OF MISCELLANEOUS RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA
Assessor’s Parcel Number: 398-017-06
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Ll\HRC\category crookshank
5-12-00
NAME Crookshank House REF. NO. 146
ADDRESS 810 North French Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1904 LOCAL REGISTER CATEGORY: Landmark
HISTORIC DISTRICT French Park NEIGHBORHOOD French Park
NATIONAL REGISTER CRITERIA FOR EVALUATION B, C NATIONAL REGISTER STATUS CODE 1D
Location: Not for Publication Unrestricted
USGS 7.5” Quad Date: T R ¼ of ¼ of Sec : B.M.
Prehistoric Historic Both
ARCHITECTURAL STYLE: Colonial Revival
DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE:
The architectural style terminology is adapted from the National Register Bulletin 16A
The Colonial Revival style is one of the revival styles that were prevalent between 1895 –1915. The style is characterized for its
simplicity and dignified formality. An entry porch flanked by columns on either side is one of its identifying features. Other features
include simple, rectangular volumes with hipped roofs and boxed eaves, symmetrical placement of window and doors, simple colonial
(Georgian and Federal style) details, especially on the columns and windows.
EXHIBIT B
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Ll\HRC\category crookshank
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CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations)
Year Built:
Alterations:
Repair Chimney:
Addition to Residence:
Reroof:
Convert Residence to duplex:
Add two french doors:
Reroof:
1904
June , 1923
September 7, 1933
July 25, 1938
October 1, 1951
August 26, 1955
August 9, 1991
March 25, 1996
RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape)
None identified
DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and
boundaries.)
Prominent bellcast hip-roofed dormers, accented with three multipaned arched windows, are centered in the front (west), north, and
south sides of the hipped roof of the Clarence Crookshank House. Carved brackets accent the main roof, dormers, and porch roof.
Narrow clapboard siding covers the exterior. Paired wood columns resting on solid clapboard railings support a single-storied porch,
topped with a mansard roof. Most of the windows are double-hung, with a leaded glass window placed next to the front door. The
high quality Craftsman style front door features a trio of long, narrow vertical beveled glass panels topped with three squares of
beveled glass. A single storied wing on the south side features a large plate glass window with a leaded glass transom and a slanted
bay on the south end. With the exception of the concrete front steps and possibly the single storied wing, this Colonial Revival home
does not appear to have been altered.
HISTORIC HIGHLIGHTS:
Clarence Crookshank built this house for his bride, Anna L. Martin, in 1904. Clarence worked for his father Miles, first at the
Crookshank and Beatty Dry Goods Store, and later as a cashier in the First National Bank. He later become president of the Santa
Ana Building and Loan Company. He was active in several local civic organizations. His wife Anna died in 1912 and Clarence
remarried around 1916 to Janet T. Brown. They lived at this house until 1924, when they moved out to the county to Lemon Heights.
RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office
of Historic Preservation)
(HP2) Single family property
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Ll\HRC\category crookshank
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RESOURCES PRESENT:
Building Structure Object Site District Element of District Other
MOVED? No Yes Unknown Date: Original Location:
STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme,
period, geographic scope, and integrity.)
This example of residential architecture during The City of Santa Ana’s early development, is located in French Park Historic District.
This two-story single family residence, was built during the height of the development of French Park, a residential district advertised
as the “Nob Hill” of Orange County. French Park was home to many prominent businessman, doctors, bankers, attorneys and civil
servants from 1880 to the early 1940’s. This is in excellent condition, in an unaltered state, and on its original site. Built in 1904, this
structure embodies the colonial revival sense of simplicity and dignified formality, with hipped roofs and centered prominent bellcast
hipped roofed dormers accented with three multi paned arched windows. The large porch, supported by paired wood columns, is
topped with a mansard roof adding to the Colonial Revival style.
SUMMARY/CONCLUSION:
This building has historic significance to the City of Santa Ana, because of its association with the Crookshank family, a prominent
and influential family during the formative years of the City. This house also has a unique architectural significance because of its
distinctive architectural details such as the bellcast hip-roofed dormers with arched windows and wide porch with four pairs of column
supports.
OWNER AND ADDRESS: Victoria Betancourt
810 N. French Street
Santa Ana, CA 92701
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Ll\HRC\category crookshank
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RECORDED BY: (Name, affiliation, and address)
Lucy Linnaus
City of Santa Ana, Planning Division
20 Civic Center Plaza M-20, Santa Ana, CA 92702
DATE RECORDED:
May 4, 2000
SURVEY TYPE: (Intensive, reconnaissance, or other)
Reconnaissance
REPORT CITATION: (Cite survey report and other sources)
National Register of Historic Places Application for French Park Historic District
Santa Ana Historic Register Application Form
REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.)
City of Santa Ana Building Division Records
EVALUATOR: DATE OF EVALUATION:
EXPLANATION OF CODES:
• National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of
Historic Preservation)
B: that are associated with the lives of persons significant to our past
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)
1D: Contributor to a listed district.
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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
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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.
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EXHIBIT 2
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HPPA 2018-3
810 NORTH FRENCH STREET
CROOKSHANK HOUSE
P L A N N I N G AND B U I L D I N G A G E N C Y
500’ RADIUS
SITE
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