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HomeMy WebLinkAbout25F - AGMT MILLS ACTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2019 TITLE: APPROVAL OF A HISTORIC PROPERTY PRESERVATION AGREEMENT - 2112 NORTH FLOWER STREET (STRATEGIC PLAN NOS. 5, 2; 5, 3) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 09=• 0 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2ntl 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 agreement with the below -referenced property owners for the identified structures, subject to non - substantive changes approved by the City Manager and City Attorney. Historic Property Property Owner(s) Preservation Address/House Vote by HRC Agreement No. Khanh B. Nguyen and 2019-01 2112 North Flower Street 8.0 Chinh K. Do Ramos absent HISTORIC RESOURCES COMMISSION ACTION On July 11, 2019, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager and Clerk of the Council to execute the above referenced Mills Act agreement (Exhibit 1) with the identified property owners for the historic structures, subject to non -substantive changes approved by the City Manager and City Attorney. 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. Additionally, the agreement prevents inappropriate alterations to protect the historic structure(s). The historic structure(s) under consideration for approval of a Mills Act Contract includes the following: 25F-1 Historic Property Preservation Agreements August 20, 2019 Page 2 The Wright -Tiernan House — An existing two-story Spanish Colonial Revival style residence that is approximately 3,301 square feet on an 13,100-square-foot residential lot. The home was added to the Santa Ana Register of Historical Properties in 2005 and categorized as "Landmark." The details of the property and structure(s) are as described in the attached HRC staff report dated July 11, 2019 (Exhibit 2). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. ER-2019-42 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $879.02 annually noted below, for a period of not less than ten years. HPPA No. I Address Estimate 2019-01 2112 North Flower Street $879.02 Total: $879.02 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). Minh Thai Executive Director Planning and Building Agency PG:Ia S:RFCA\8-20-19\PBA Historic Prop Preservation Mills Act Agmt 8-20-19 APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Tv^' Finance and Management Services Agency Exhibits: 1. Mills Act Agreement — 2112 North Flower Street 2. Historic Resources Commission Staff Report — July 11, 2019 25F-2 EXHIBIT 1 MILLS ACT AGREEMENT 2112 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"), and Khanh B. Nguyen and Chinh K. Do Trustees of the Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019, (hereinafter collectively referred to as "Owner"), owners of real property located at 2112 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 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 2112 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. 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. -I- 25F-3 MILLS ACTAGREEMENT 2111 North Flower Street Santa Ana, CA 92706 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 August 7, 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. -2- 25F-4 MILLSACTAGREEMENT 2112 North Flower Street Santa Ana, CA 92706 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 ''/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of -3- 25F-5 MILLS ACTAGREEMENT 2112 North Flower Street Santa Ana, CA 92706 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 2112 North Flower Street, Assessor Parcel Number, 001-201-09, 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 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 •4- 25F-6 M/LLSACTAGREEMENT 2112 North Flower Street Sour Anr, CA 92706 regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. S. 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: Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019 2112 North Flower Street Santa Ana, CA 92706 10. Genera! 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 anyjoint 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. 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. -5- 25F-7 MILLSACTAGREEMENT 1111 North Flower Street Santa Ana, CA 91706 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. 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 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) -6- 25F-8 ATTEST: MILLSACTACREEMENT 2112 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: KHANH B. NGUYEN Trustee of Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019 Date: By: CHINH K. DO Trustee of Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019 APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City AttogLy By: RYA O. G MINH THAI AssistanC ty Attey Executive Director Planning and Building Agency -7- 25F-9 MILLSACTAGREEMENT 2112 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF BLOCK "H" OF TRACT 41, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID BLOCK "H" WITH THE WEST LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO THE CITY OF SANTA ANA FOR STREET PURPOSES BY W.F. GREENLEAF AND OTHERS BY DEED RECORDED JANUARY 27, 1928, IN BOOK 625, PAGE 296 OF DEEDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THENCE NORTH ALONG THE WEST LINE OF SAID TRACT OF LAND SO CONVEYED TO THE CITY OF SANTA ANA, A DISTANCE OF 80 FEET TO A POINT; THENCE WEST IN A STRAIGHT LINE TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH, AND 164 FEET WEST FROM THE WEST LINE OF SAID TRACT OF LAND SO CONVEYED TO THE CITY OF SANTA ANA AT A POINT 80 FEET NORTHERLY, MEASURED ALONG SAID PARALLELL FROM THE SAID SOUTH SAID BLOCK "H'; THENCE SOUTH ALONG SAID PARALELL WITH THE WEST LINE OF SAID TRACT OF LAND CONVEYED TO THE CITY OF SANTA ANA TO THE SOUTH LINE OF SAID BLOCK "H", AND THENCE EAST ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. Assessor's Parcel Number: 001-201-09 -8- 25F-10 EXHIBIT 2 REQUEST FOR Historic Resources Commission Action •r:rrn Pam` 4 •-� •0.• D-N'. 11.E-� '� •- JULY 11, 2019 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO.2019-01 (MILLS ACT) FOR THE PROPERTY LOCATED AT 2112 NORTH FLOWER STREET (STRATEGIC PLAN NOS. 5, 2; 5,3) APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Prepared by Pedro Gomez Executive Director Planning Man ger 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 Khanh B. Nguyen and Chinh K. Do for the property located at 2112 North Flower Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant Khanh B. Nguyen and Chinh K. Do, trustees of the Khanh B. Nguyen and Chinh K. Do Revocable Trust dated January 16, 2019, are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2112 North Flower Street that is currently listed on the Santa Ana Register of Historical Properties. Prolect Location and Site Description The subject property, known as the Wright-Tieman House, consists of an existing two-story Spanish Colonial Revival style residence that is approximately 3,301 square feet in size on an 13,100-square- foot residential lot (Exhibit 2). The home was added to the Santa Ana Register of Historical Properties in 2005 and categorized as "Landmark." 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. The property is listed on the Santa Ana Register of Historical Properties and categorized as Landmark, making it eligible for a Mills Act agreement. 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 25F111 HPPA No. 2019-01 July 11, 2019 Page 2 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 In 2005, the Historic Resources Commission placed the Wright-Tieman House on the historical register and within the Landmark category. Character -defining features of the Wright -Tiernan House determined architecturally significant included: materials and finishes (stucco, tile, wood, wrought iron); roof configuration and detailing; massing; windows and doors; arcade; chimney; porte-cochere; balconies and porches; and architectural details (such as the brackets, impost moldings, attic vent, wrought iron features, etc.). The Wright -Tiernan House qualified for listing under Criterion 1 of Sec. 30-2, of the Santa Ana Municipal Code (SAMC), in that It embodied the "distinguishing characteristics of an architectural style or period." Additionally, the house was categorized as Landmark for its 'unique architectural significance' as a well -articulated example of the Spanish Colonial Revival style popular during the 1920s and 1930s in Santa Ana. 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-2019-42 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 & Sustainabiliy, 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 SAHistoric Resources Commisslon12011A07.11-I IA2112 N Flower Streetl Staff Report - 2112 N Flower StreeLdoc 2W-12 HPPA No. 2019-01 July 11, 2019 Page 3 Exhibits 1 -Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos - 2112 N. Flower Street 25F--43 EXHIBIT 1 214 MILLSACTAGRBEMENT 2112 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: Cleric 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 Khanh B. Nguyen and Chinh K Do Trustees of the Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019, (hereinafter collectively referred to as "Owner', owners of real property located at 2112 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 Acn 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 2112 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. 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, now building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- 25FA5 MILLS AGT AGREEMENT 2112 North Flower Street Santa Ana, CA 92706 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 fumish 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 ISIM 2&6-16 MILLSACTAGREEMENT 2112 North Flower Street Santa Ana, CA 92706 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: Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019 2112 North Flower Sheet 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. M 251c-T7 ATTEST: DAISY GOMEZ CLERK OF THE COUNCIL Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney -7- MH-UACTACREEMENT 2112 North Flower Street Santa Ana, CA92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: KHANH B. NGUYEN Trustee of Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019 By: CHINH K. DO Trustee of Khanh B. Nguyen and Chinh K. Do Revocable Trust Dated January 16, 2019 RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency EXECUTIVE SUMMARY WRIGHT-TIERNAN HOUSE 2112 North Flower Street Santa Ana, CA 92701 NAME Wright -Tiernan House REF. NO. ADDRESS 2112 North Flower Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEARBUILT 1934 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I N/A NEIGHBORHOOD I WestFlomlPark CALIFORDIIA REOISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SSl Location: ❑ Not for Publication. ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCEMCTURAL STYLE: Missfon/Spanisb Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1590 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or aspadorld); 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 1920a and 1930s. The movement received widespread attention after the Panama- hllfornia Exposition in San Diego In 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily .-ognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red the roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements ofwood, wrought iron, tile, or stone. SUMMARY/CONCLUSION- Il e Wright-Tieman House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of an architectural style orperiod, the Spanish Colonial Revival. Additionally, the house has been categorized as "Landmark" for its "unique architechualsignificance" as a well -articulated example of the Spanish Colonial Revival style popular during the 1920s and 19308 in Santa Ana'(Municipal Code, Section 30-2.2). EXPLANAIVION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "slow 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. - California Register Status Code: (From California Office of Historic Preservation, December S, 2003.) 5S1 t Individual property that is listed or designated locally. Exhibit B �i_U _ 01 hate of California —The Resources Agency Primary # )EPAR7tNENT OF PARKS AND RECREATION HRI# ' WILDING;: STRUCTURE, A14448JEGT RECE)F�D` )age 2 of 3 •CHR Status Code_5S1 ,mwww.,c name vl ni YYIIFr1I{•IIB//Itl/I rrpUSe Bi. Hlstpric Name: Wdght-Tiernan House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *85. Architectural Style: Spanish Colonial Revival •B6. Constructlon History: (Construction date, alterations, and date of alterations): Constructed In 1934, April24, 1934. Residence and garage. June 2, 1958, Room addition. Apol29, 1985. Solardomestichot watersystem. •B7. Moved? WNo 13Yes MUnknown Date: Or)ginel Locatlon: 'B6. Related Features: Garage. Ms. Architect: Unknown b. Builder: Unknown 'B10.Significance: Theme ResldentlalArchltecture Area Santa Ana Period of Significance: circa 1895.1965 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance In terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Wright -Tiernan House Is architecturally signl8cant as a fine example of large, Spanish Colonial Revival home. it was built In 1934, In the middle of the Great Depression, for Maxwell Wright for a reported cost of $7,500. Wright, a furrier, and his wife Olive occupied the house unkT 1038. R. Arthur Tiernan, who operated the R. A. Tiernan Typewriter Company on Fourth Street and his wife Juliette, were the next residents of the house. (See Continuation Sheet of3.) Bit. Additional Resource Attributes: (ust attrmutes and codes) `B12. References: City of Sande Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of3) B13. Remarks: '614. Evaluator: LesBe J. Neumann *Date of Evaluation: Aprll25, 2006 (This space reserved for offloW comments.) DPR 523B (1/e5) Sketch Map O O O O Wright-7)eman N + !louse t O Q 2112 N. Flower St. a O 9 + ® C� axxr a ,m yc • »O ®fS1 Y C h• n l 'Required information I rI,:� - ' I, MHLLSACTAGREEMENT 2112 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: 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- 29P-M1 EXHIBIT 2 2910222 EXHIBIT 3 2 0-424 T nbs FFir++ I y HPPA-2019-01 WRIGHT-TIERNAN HOUSE 2112 NORTH FLOWER STREET SITE PHOTOS EXHIBIT 3 r This page left blank intentionally. 25F-26