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HomeMy WebLinkAbout25C - AGMT FOR HSITORIC PROPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 17, 2020 TITLE: APPROVAL OF A HISTORIC PROPERTY PRESERVATION AGREEMENTS CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2od Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager or designee to execute the attached Mills Act agreement with the below -referenced property owners for the identified structure(s), 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. Jeffrey Blied 2020-01 1330 S. Broadway 7:0:1 Rivera Absent Paul E. Sanford and Jeffrey J. 2020-02 936 W. River Lane 7:0:1 (Rivera Absent) Lema Kevin A. and Lauren L. Marshall 2020-03 2352 N. Riverside Drive 7:0:1 Rivera Absent Jeffrey M. and Joni L. Black 2020-04 2526 N. Santiago Street 7:0:1 Rivera Absent Matthew D. and Leigh A. Mohler 2020-06 2320 N. Heliotrope Drive 7:0:1 Rivera Absent Sara Camm-Turrietta and Tracie 2020-07 2447 N. Heliotrope Drive 8:0 Turrietta Camron E. and Phyllis A. Bussard 2020-08 1015 W. River Lane 8:0 Valerie J. Boulter 2020-12 920 N. Louise Street 7:0:1 Rivera Absent Timothy J. and Jeanice S. Barker 2020-13 1805 N. Louise Street 8:0 Elliot and Carol Y. Cossaboom 2020-14 2606 N. Flower Street 7:0:1 Rivera Absent 2109 N. Rosewood Richard S. Frankenstein 2020-15 7:0:1 (Rivera Absent) Avenue Ryan and Amy Bruce 2020-16 2214 N. Heliotrope Drive 7:0:1 (Rivera Absent) 888 Tower Apartments, LLC 2020-17 888 N. Main Street 7:0:1 Rivera Absent HISTORIC RESOURCES COMMISSION ACTION On October 29, 2020, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the above referenced Mills Act agreements with the identified property owners for historic structure(s) in the City, subject to non -substantive changes approved by the City Manager and City Attorney. 25C-1 Historic Property Preservation Agreements November 17, 2020 Page 2 DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a 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 the protected historic structure(s). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: • ER No. 2020-59 (936 W. River Lane) • ER No. 2020-60 (1330 S. Broadway) • ER No. 2020-61 (2526 N. Santiago Street) • ER No. 2020-62 (2352 N. Riverside Drive) • ER No. 2020-64 (2320 N. Heliotrope Drive) • ER No. 2020-65 (2447 N. Heliotrope Drive) • ER No. 2020-66 (1015 W. River Lane) • ER No. 2020-70 (2606 N. Flower Street) • ER No. 2020-72 (2214 N. Heliotrope Drive) • ER No. 2020-73 (2109 N. Rosewood Avenue) • ER No. 2020-74 (1805 N. Louise Street) • ER No. 2020-75 (920 N. Louise Street) • ER No. 2020-76 (888 N. Main Street) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account No. 01102002-50011 to the City by an estimated $23,235.51 annually (noted below) , starting Fiscal Year (FY) 2021-2022 for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2020-01 1330 S. Broadway $841.16 1-2 2020-02 936 W. River Lane $1,523.45 3-4 2020-03 2352 N. Riverside Drive $880.81 5-6 2020-04 2526 N. Santiago Street $1,237.73 7-8 2020-06 2320 N. Heliotrope Drive $1,285.78 9-10 2020-07 2447 N. Heliotrope Drive $1,003.39 11-12 2020-08 1015 W. River Lane $1,077.61 13-14 2020-12 920 N. Louise Street $865.20 15-16 2020-13 1805 N. Louise Street $904.94 17-18 2020-14 2606 N. Flower Street $617.93 19-20 2020-15 2109 N. Rosewood Avenue $986.07 21-22 2020-16 2214 N. Heliotrope Drive $1,268.98 23-24 2020-17 888 N. Main Street $10,742.46 25-26 Total for All Properties: $23,235.51 Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency 25C-2 Historic Property Preservation Agreements November 17, 2020 Page 3 Submitted By: Minh Thai, Executive Director — Planning and Building Agency Exhibits: 1. Mills Act Agreement — 1330 S. Broadway 2. HRC Staff Report— 1330 S. Broadway 3. Mills Act Agreement — 936 W. River Lane 4. HRC Staff Report — 936 W. River Lane 5. Mills Act Agreement — 2352 N. Riverside Drive 6. HRC Staff Report-2352 N. Riverside Drive 7. Mills Act Agreement — 2526 N. Santiago Street 8. HRC Staff Report — 2526 N. Santiago Street 9. Mills Act Agreement — 2320 N. Heliotrope Drive 10. HRC Staff Report — 2320 N. Heliotrope Drive 11. Mills Act Agreement — 2447 N. Heliotrope Drive 12. HRC Staff Report — 2447 N. Heliotrope Drive 13. Mills Act Agreement — 1015 W. River Lane 14. HRC Staff Report — 1015 W. River Lane 15. Mills Act Agreement — 920 N. Louise Street 16. HRC Staff Report — 920 N. Louise Street 17. Mills Act Agreement — 1805 N. Louise Street 18. HRC Staff Report — 1805 N. Louise Street 19. Mills Act Agreement — 2606 N. Flower Street 20. HRC Staff Report — 2606 N. Flower Street 21. Mills Act Agreement — 2109 N. Rosewood Avenue 22. HRC Staff Report — 2109 N. Rosewood Avenue 23. Mills Act Agreement — 2214 N. Heliotrope Drive 24. HRC Staff Report — 2214 N. Heliotrope Drive 25. Mills Act Agreement — 888 N. Main Street 26. HRC Staff Report — 888 N. Main Street 25C-3 EXHIBIT 1 MILLSACT AGREEMENT 1330 South Broadway Santa Ana, CA92707 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 Jeffrey Blied, A Married Man as his sole and separate property, (hereinafter collectively referred to as "Owner"), owners of real property located at 1330 South Broadway, 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 1330 South Broadway, Santa Ana, CA, 92707 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. AC-4 MILLSACT AGREEMENT 1330 South Broadway Santa Ana, CA92707 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 November 18, 2020, 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. AC-5 MILLSACT AGREEMENT 1330 South Broadway Santa Ana, CA92707 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 AC-6 MILLSACT AGREEMENT 1330 South Broadway Santa Ana, CA92707 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 1330 South Broadway, Assessor Parcel Number, 013-162-18, 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, 245C-7 MILLSACT AGREEMENT 1330 South Broadway Santa Ana, CA92707 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: Jeffrey Blied 1330 South Broadway 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. 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 AC-8 MILLSACT AGREEMENT 1330 South Broadway Santa Ana, CA92707 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} ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: JOH M. FUNK Assistant City Attorney MILLSACT AGREEMENT 1330 South Broadway Santa Ana, CA92707 CITY OF SANTA ANA KRISTINE RIDGE City Manager Bv: JEFFREY BLIED RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 29C-10 MILLSACT AGREEMENT 1330 South Broadway Santa Ana, CA92707 EXHIBIT A LEGAL DESCRIPTION Real Property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 8, BLOCK 16 OF TRACT 352, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGES 15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 013-162-18 29C-11 EXECUTIVE SUMMARY WAHL HOUSE 1330 South Broadway Santa Ana, CA 92707 NAME Wahl House REF. NO. ADDRESS 1330 South Broadway CITY Santa Ana ZIP 1 92707 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Wilshire Square NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication N Unrestricted ❑ Prehistoric N Historic ❑ Both ARCHITECTURAL STYLE: Late Nineteenth and Twentieth Century Revivals/ Other: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic sloped roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. A "storybook" variant of the English Revival, characterized by a deliberately eclectic and picturesque quality often focused on the roof treatment, found a particularly receptive audience in southern California. SUNLV ARY/CONCLUSION: The Wahl 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 an example of the Storybook variant of the English Revival style (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. 25C-12 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # NRHP Status Other Listings Review Code Reviewer or number (assigned by recorder) P1. Other Identifier: *P2. Location: []Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Tustin TCA 2555 Date: *c. Address 1330 South Broadway City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number. 013-162-18, N TR 352 Block: 16 Lot. 8 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Abundant shrubbery, vines, and trees create a romantic cottage setting for this one-story, Storybook residence. The roof treatment, incorporating front and side gables and a turret over an octagonal bay, is the focal point of the design. A weathervane perched on the peak of the turret provides an additional element of whimsy. Stucco covers the exterior walls. Fenestration includes a tripartite window with a Tudor -arched head that is centered below the front gable on the north section of the fagade and a band of double hung sash windows in the bay below the turret on the south end of the fagade. The entry is recessed within a south -facing arch that opens onto a small patio created by the projections of the front -gabled and turreted wings. Other details, including a rear garage, are difficult to see due to the dense vegetation. Building permit records suggest that the house is substantially unaltered. *133b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building []Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. Photo �, *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) East elevation October 2003 *P6. Date Constructed/Age and Sources: ■historic 19301 Source: City of Santa Ana Building Permits *P7. Owner and Address: Marc La Font 1330 South Broadway Santa Ana, CA 92707 *P8. Recorded by: Leslie J. Neumann SA/C 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: November 3, 2003 *P10. Survey Type: Intensive Survey *Attachments: []None ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record []District Record ❑Linear Feature Record []Milling Station Record ❑Rock Art Record []Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information 25C-13 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 #: Wahl House B1. Historic Name: Wahl House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Storybook variant of the English Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930. March 24, 1930. Residence and garage. March 26, 1993. Replace sliding glass door with French doors. December 2, 1994. Reroof house and garage without tear off. New composition roofing. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: Garage. B9a. Architect: Unknown b. Builder: R. R. Lutes *B10. 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 Wahl House is architecturally significant as an unusually picturesque example of the Storybook variant of the English Revival style, one of several variations on this theme in the Wilshire Square neighborhood. Sometimes labeled by their builders as `artistic homes,"these houses often featured an eclectic blend of medieval English and Norman French traditions. This seven -room house was built for Fred C. Wahl, a plumber with the Russell Plumbing Company, in 1930 for an estimated cost of $6, 000. Included in the 1989 Wilshire Square Home Tour, the interior of the house features original finishes, hardware, lighting, and built-ins. The cottage garden has been pictured in Sunset magazine and other publications. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: November3, 2003 Santa Ana Public Library (This space reserved for official comments.) DPR 523E (1/95) Sketch Map i Wahl House 1330 South Broadway O Q a a 'Required information 25C-14 State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Wahl House *Recorded by Leslie J. Neumann, SAIC *Date November3, 2003 0 Continuation ❑ Update *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 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 Wahl 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, Garnsey, 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 11. 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 11 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 Wahl 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." The Storybook design, particularly the incorporation of a turreted bay that suggests a tower, is a fine illustration of the taste for fantasy that characterized much of Southern California architecture during the 1920s and 1930s. 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 an example of the Storybook variant of the English Revival style. Character defining exterior features of the Wahl House that should be preserved include, but may not be limited to: materials and finishes (stucco), roof configuration and treatment (gables and turret), massing and composition, original doors and windows, patio, chimney, architectural detailing, original interior finishes and features, and garage. DPR 523L 25C-15 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) Wahl House *Recorded by Leslie J. Neumann, SAIC *Date November3, 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.witshiresquare.com www.geocities.com/Heart/and/3383/aia.htm DPR 523L 25C-16 MILLS ACT AGREEMENT 1330 South Broadway Santa Ana, CA 92707 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. 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 size, scale, color, material and character of the property, neighborhood, or environment. 29C-17 MILLS ACT AGREEMENT 1330 South Broadway Santa Ana, CA 92707 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. 29C-18 EXHIBIT 2 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-01 (MILLS ACT) FOR THE PROPERTY LOCATED AT 1330 SOUTH BROADWAY Prepared by Jill Arabe, AICP Executive Director RECOMMENDED ACTION HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Plannin Manager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Jeffrey Blied for the property located at 1330 South Broadway, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant Jeffrey Blied is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 1330 South Broadway that is currently listed on the Santa Ana Register of Historical Properties. Project Location and Site Description The subject property, known as the Wahl House, consists of an existing one-story Storybook variant of the English Revival style residence that is approximately 1,522 square feet in size on a 7,375- square-foot residential lot (Exhibit 2). The home was added to the Santa Ana Register of Historical Properties in 2004 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. 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 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 25C-19 HPPA No. 2020-01 October 29, 2020 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 2004, the Historic Resources Commission placed the Wahl House on the historical register and within the Contributive category. Character -defining features of the Wahl House determined architecturally significant included: materials and finishes (stucco); roof configuration and treatment (gables and turret); massing and composition; original doors and windows; patio; chimney; architectural detailing; original interior finishes and features; and garage. The Wahl 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 Contributive because it "contributes to the overall character and history" of Wilshire Square and "is a good example of period architecture" as an example of the Storybook variant of the English Revival style. 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-2020-60 will be filed for this project. Jill krja6, -• Senior JA:sb S:1Historic Resources Commission12020110-29-20N 330 S. Broadway -Wahl HouselStaff Report - 1330 S Broadway.docx Exhibits 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 1330 S Broadway 25C-20 MILLS ACT AGREEMENT 1330 South Broadway Santa Ana, CA 92707 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 Jeffrey Blted, A Married Man as his sole and separate property, (hereinafter collectively referred to as "Owner"), owners of real property located at 1330 South Broadway, 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 1330 South Broadway, Santa Ana, CA, 92707 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. 25C-21 MILLSACTAGBEEMEAT 1330 South Broadway Santa Ana, CA 92707 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: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 18, 2020, 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. 25C-22 MILLSACTAGREEMENT 1330 South Broadway Santa Ana, CA 92707 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 %a) percent by Government Code Section 50286) of the current fair market value of the 2SC-23 MILLSACTAGBEEMENT 1330 South Broadway Santa Ana, CA92707 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 terns 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 1330 South Broadway, Assessor Parcel Number, 013-162-18, 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, 2-5C-24 MILLSACTAGREEMENT 1330 South Broadway Santa Ana, CA 92707 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: Jeffrey Blied 1330 South Broadway 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. 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 2SC-25 MILLS ACT AGREEMEAT 1330 South Broadway Santa Ana, CA 92707 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{ 2-5C-26 ATTEST: DAISY GOMEZ Cleric of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLS ACT AGREEMENT 1330 South Broadway Santa Ana, CA 92707 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: JEFFREY BLIED RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 2SC-27 MILLS ACT AGREEMENT 1330 South Broadway Santa Ana, CA 92707 EXHIBIT A LEGAL DESCRIPTION Real Property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 8, BLOCK 16 OF TRACT 352, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGES 15 AND 16 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 013-162-18 25C-28 EXECUTIVE SUMMARY WAHL HOUSE 1330 South Broadway Santa Ana, CA 92707 NAME Wahl House REF. NO. ADDRESS 1330 South Broadway CITY Santa Ana ZIP 1 92707 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Wilshire Square NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Late Nineteenth and Twentieth Century Revivals/ Other: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic sloped roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches may be used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the fagade and are often multi -paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. A "storybook" variant of the English Revival, characterized by a deliberately eclectic and picturesque quality often focused on the roof treatment, found a particularly receptive audience in southern California. SUMMARY/CONCLUSION: The Wahl 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 an example of the Storybook variant of the English Revival style (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 represents significant and distinguishable entity whose components may lack individual distinction. s National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 5SI Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. Exhibit B 25C-29 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Page Other Listings Review Code Primary HRI # NRHP Status or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Tustin TCA 2555 Date: *c. Address 1330 South Broadway City Santa Ana Zip 92707 *e. Other Locational Data: Assessors Parcel Number: 013-162-18; N TR 352 Block: 16 Lot: 8 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Abundant shrubbery, vines, and trees create a romantic cottage setting for this one-story, Storybook residence. The roof treatment, incorporating front and side gables and a turret over an octagonal bay, is the focal point of the design. A weathervaneperched on the peak of the turret provides an additional element of whimsy. Stucco covers the exterior walls. Fenestration includes a tripartite window with a Tudor -arched head that is centered below the front gable on the north section of the fagade and a band of double hung sash windows in the bay below the turret on the south end of the fagade. The entry is recessed within a south -facing arch that opens onto a small patio created by the projections of the front -gabled and turreted wings. Other details, including a rear garage, are difficult to see due to the dense vegetation. Building permit records suggest that the house is substantially unaltered. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a. Photo Allim- .14 *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. P5b. Photo: (view and date) East elevation October2003 *P6. Date Constructed/Age and Sources: Ehistoric 1930/ Soume: Cityof Santa Ana Building Permits *P7. Owner and Address: Marc La Font 1330 South Broadway Santa Ana, CA 92707 *P8. Recorded by: Leslie J. Neumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: November3, 2003 *P10. Survey Type: Intensive Survey *Attachments: ❑None ❑Location Map OSketch Map EContinuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) *Required information 25C-30 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 rcesuurca rvame ore: vram House B1 Historic Name: Wahl House B2, Common Name: Same B3, Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Storybook variant of the English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930. March 24, 1930. Residence and garage. March 26, 1993. Replace sliding glass door with French doors. December 2, 1994. Reroof house and garage without tear off. New composition roofing. *B7. Moved? ■No OYes ❑Unknown *B8. Related Features: Garage. B9a. Architect: Unknown Date: Original Location b. Builder: R. R. Lutes *1310. 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 Wahl House is architecturally significant as an unusually picturesque example of the Storybook variant of the English Revival style, one of several variations on this theme in the Wilshire Square neighborhood. Sometimes labeled by their builders as "artistic homes,"these houses often featured an eclectic blend of medieval English and Norman French traditions. This seven -room house was built for Fred C. Wahl, a plumber with the Russell Plumbing Company, in 1930 for an estimated cost of $6,000. Included in the 1989 Wilshire Square Home Tour, the interior of the house features original finishes, hardware, lighting, and built-ins. The cottage garden has been pictured in Sunset magazine and other publications. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *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: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: November 3, 2003 (This space reserved for official comments.) DPR 523B (1195) Sketch Map Wahl House 1330 South Broadwav � *Required Information 25C-31 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Wahl House 'Recorded by Leslie J. Heumann, SAIC •uare rvovemoer s, zuua u wnwivauou u Vyuaw *E10. 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 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 Wahl 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, Garnsey, 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 corner 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 11. 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 It 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 roar 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 Wahl 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." The Storybook design, particularly the incorporation of a turreted bay that suggests a tower, is a fine illustration of the taste for fantasy that characterized much of Southern California architecture during the 1920s and 1930s. 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 an example of the Storybook variant of the English Revival style. Character defining exterior features of the Wahl House that should be preserved include, but may not be limited to: materials and finishes (stucco); roof configuration and treatment (gables and turret); massing and composition; original doors and windows; patio; chimney; architectural detailing; original interior finishes and features; and garage. DPR 523E 25C-32 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 4 Resource Name or# (Assigned by recorder) Wahl House by Leslie J. Neumann, SAIC *Date November 3, 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 Time 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 25C-33 MILLSACTACREEMENT 1330 South Broadway Santa Ana, CA 92707 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: t. 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. 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 size, scale, color, material and character of the property, neighborhood, or environment. -1- 25C-34 MILLSACTACREEMENT 1330 South Broadway Santa Ana, CA 92707 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- 25C-35 r� rr wa■F71 ,ram s9m_ivq.,r' "" .q ::+4l . e' x Wilshire nv a ri chard Ave IN 2,1 > ;� i:...n2""; 1�'3.k� �•1 A tiv --iqL: lag j`' ' .1421 _ .tA3B � ra3e HPPA 2020-01 1330 SOUTH BROADWAY WAHL HOUSE PLANNING AND BUILDING AGENCY ET56 No. EXHIBIT 3 MILLS ACT AGREEMENT 936 West River Lane 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 Paul E. Sanford, Trustee of the Paul E. Sanford Declaration of Trust dated 06/14/2007 and Jeffrey J. Lemay, Trustee of the Jeffrey J. Lemay Declaration of Trust dated 06/14/2007, as tenants in common, (hereinafter collectively referred to as "Owner"), owners of real property located at 936 West River Lane, 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 Acts 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 936 West River Lane, 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. 26C-38 MILLS ACT AGREEMENT 936 West River Lane 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 November 18, 2020, 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, 29C-39 MILLS ACT AGREEMENT 936 West River Lane 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 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 29C-40 MILLS ACT AGREEMENT 936 West River Lane 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 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 936 West River Lane, Assessor Parcel Number, 001-232-19, 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 29C-41 MILLS ACT AGREEMENT 936 West River Lane Santa Ana, CA 92706 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. 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: Paul E. Sanford and Jeffrey J. Lemay 936 West River Lane 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. 29C-42 MILLS ACT AGREEMENT 936 West River Lane 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 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) 26C-43 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By N" JOTK M. FUNK Assistant City Attorney MILLSACT AGREEMENT 936 West River Lane Santa Ana, CA92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: PAUL E. SANFORD, TRUSTEE OF THE PAUL E. SANFORD DECLARATION OF TRUST DATED 06/14/2007 By: JEFFREY J. LEMAY, TRUSTEE OF THE JEFFREY J. LEMAY DECLARATION OF TRUST DATED 06/14/2007 RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 29C-44 MILLS ACT AGREEMENT 936 West River Lane Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELI: LOT 7 OF TRACT NO. 1160, AS PER MAP RECORDED IN BOOK 38, PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THAT PORTION OF LOT 6 OF TRACT NO. 1160, AS PER MAP RECORDED IN BOOK 38. PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AND DESCRIBED AS FOLLOW: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 6, RUNNING THENCE NORTHEASTERLY ALONG THE THENCE NORTHWESTERLY BOUNDARY LINE THEREOF, 30 FEET; THENCE SOUTHEASTERLY 142.05 FEET, MORE OR LESS, TO A POINT IN THE SOUTHEASTERLY BOUNDARY LINE THEREOF DISTANCE THEREON NORTHEASTERLY 36.84 FEET FROM THE MOST SOUTHERLY BOUNDARY LINE, 36.84 FEET TO THE SAID MOST SOUTHERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY LINE THEREOF, 139.32 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 001-232-19 26C-45 EXECUTIVE SUMMARY Harold T. Segerstrom House 936 West River Lane Santa Ana, CA 92706 NAME Harold T. Segerstrom House REF. NO. ADDRESS 936 West River Lane CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1948 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Jack Fisher Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: French Eclectic Style Based upon precedents provided by many centuries of French domestic architecture, the French Eclectic style shows great variety in form and detailing but is united by the characteristic steeply hipped roof. (Only the Spanish Revival style, similarly based upon a long and complex architectural tradition, approaches it in variety). Informal domestic building in northwestern France (particularly Normandy and Brittany) shares much with Medieval English tradition. The use of half- timbering with a variety of different wall materials, as well as roofs of flat tile, slate, stone, or thatch are common to both. As a result, the French Eclectic houses often resemble the contemporaneous Tudor style based on related English precedent. French examples, however, normally lack the dominant front -facing cross gables characteristic of the Tudor. In contract to these generally informal, rural prototypes, Many French Eclectic houses show formal Renaissance detailing resembling that of the English Georgian. (McAlester 486). SUMMARY/CONCLUSION: The Harold T. Segerstrom House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4(b), for its association with renowned Orange County Segerstrom family, who were agriculturalists, developers, and arts patrons, and under Criterion 2 for its association with prominent Santa Ana builder Allison Honer. Additionally, the house has been categorized as "Landmark" for its "historical/cultural significance to the City," stemming from its association with the Segerstroms (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. 25C-46 State of California— The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary HRI # NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Harold T. Segerstrom 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 936 West River Lane City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-232-19 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Jack Fisher Park, this is a two-story single-family residence on a large parcel, sited with a deep setback and constructed in the French Eclectic style. The residence is asymmetrical in composition, defined by the two-story central block topped with a tall, steeply pitched, hipped roof, featuring two one -and a -hall story wings in the east and west direction, and front -facing gabled extension along the first floor. The exterior of the house is clad in a combination of brick, smooth stucco, and horizontal wood board siding on the front -facing gable ends. The roof treatment defines four sections of the front (north) fagade. In the middle, the central block features an entry porch formed by a second story extension and characterized by brick cladding around the door, a simple wood post, and an adjacent metal fixed window with diamond shaped patterns. The second story features a pair of metal casement window wall dormers. The front -facing gabled extension features a prominent bay window with a protruding decorative brick wall below. Metal -framed casement windows appear in the two west sections of the fagade as well as the east section, each framed by decorative wood shutters. The two west sections feature a side - gabled design with a varied roof height, with the section furthest from the central block smaller in height. The east section of the front fagade is an attached three -car garage featuring a side -gabled design and forming a breezeway that leads to the garage entry accessed by the rear. This east section features a hipped dormer extension and a decorative rooftop cupola crowned by a weathervane. The rear (south) elevation also features a series of metal casement windows, including divided - light steel casement corner windows and divided -light, tripartite casement windows. An exterior brick chimney rises above the roof ridgeline framing a modest rear patio formed by a side -gable roof extension. The property is landscaped with mature trees, low vegetation, neatly trimmed hedges, and a decorative brick driveway leading towards the rear. *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. Photo J- -- P5b. Photo: (view and date) North elevation, view south September 2020 *P6. Date Constructed/Age and Sources: ■historic 19481 City of Santa Ana Building Permits *P7. Owner and Address: Paul E. Sanford and Jeffrey L. Lemay 936 West River Lane Santa Ana, CA 92706 *138. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 29, 2020 *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 CArchaeological Record []District Record ❑Linear Feature Record ❑Milling Station Record CArtifact Record []Photograph Record ❑ Other (lisf���_�+ DPR 523A (1/95) ❑Rock Art Record *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 #: Harold T. Segerstrom House 131. Historic Name: Harold T. Segerstrom House B2. Common Name: Same B3. Original Use: Single-family Residence *135. Architectural Style: French Eclectic B4. Present Use: Single-family Residence *136. Construction History: (Construction date, alterations, and date of alterations): August 27, 1948. Constructed. $25,000. January 27, 1955. Range for H. Segerstrom by Gilbert & Stearns. June 3, 1986. Addition of new pool and spa. August 15, 1991. Kitchen remodel. $1,500. May 15, 2012. Reroof house and attached garage - remove shakes, install class A comp shingles. $10, 754. March 15, 2019. Install (31) roof mounted solar panels. $30,000. *137. Moved? ■No DYes DUnknown Date: Original location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Allison Honer *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1948 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Harold T. Segerstrom House was built in 1948 by prominent developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, now the Floral Park subdivision between Seventeenth Street and Santiago Creek. The Allison Honer Construction Company also completed such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. The Harold T. Segerstrom house was built for Harold "Hal" Segerstrom Sr. and wife Veronica P. Segerstrom. Harold Segerstrom Sr., one of the six sons of Charles John (C.J.) and Britta Segerstrom, was a member of one of the leading families of Orange County. C.J. and Britta Segerstrom came to Orange County from Sweden, with an intermediate stop in the Midwest, in 1898. They purchased land in what is now Costa Mesa and established a family agricultural business, which specialized in producing lima beans and maintaining a large dairy herd. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: *1314. Evaluator: Leslie Heumann/ChattelInc. *Date of Evaluation: October29, 2020 DPR 523B (1/95) (This space reserved for official comments.) Sketch Map Harold T. Segerstrom House 936 West River Lane @ ® 29 6 25 w VI NTa Y] 11 d 22 O O O © \ q \a �y p SAK4 ]IME] (D i 232 a a *1310. Significance (continued): 25C-48 State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Df 4 Resource Name: Harold T Segerstrom House by Pedro Gomez *Date October 29, 2020 0 Continuation ❑ Update Following World War 11, the family branched into commercial and industrial ventures, and, with the construction of South Coast Plaza Town Center, became one of the most successful land developers in the county. The Segerstrom interests also built the first high rise in Santa Ana, the United California Building at the corner of Tenth and Main Streets. Harold T Segerstrom Sr. died in 1978, Veronica Segerstrom died in 1982. Along with his cousin Henry T Segerstrom, Harold T Segerstrom Jr. joined the family firm, C.J. Segerstrom & Sons in the late 1940's and was a managing partner. Harold T Segerstrom Jr. remained in the home until 1984 when he moved to Newport Beach with his wife Jeannette Segerstrom but the house remained in the family until the early 1990's, until Harold T Segerstrom Jr.'s sudden death. The Harold T Segerstrom House is located in Jack Fisher Park, a neighborhood northwest of downtown Santa Ana bounded by Bristol Street, Santa Clara Avenue, Memory Lane, and the Interstate 5. The neighborhood takes its name from Jacob (Jack) Fisher. Born in Yakima, Washington, Fisher moved to Santa Ana with his parents and sister in the early twentieth century. In April 1917, upon the United States' entry into World War I, Fisher enlisted in the US Army when he was 18 years old. Assigned to Company L, Seventh California Regiment, Fisher later advanced to the level of corporal in the 58th Infantry of Company D. After Fisher's death at the age of 30, in March 1929, the Chapter of Disabled American Veterans he helped form took his name as the Jack Fisher Post, Chapter of Disabled American Veterans. On August 23, 1933, construction was completed on a park north of Santiago Creek on North Flower Street and dedicated as the Jack Fisher Memorial Park. Prior to its residential development, Fisher Park formed Lots 5B, 8 and 9 of the Potts, Borden and Sidwell Tract, subdivided in 1881. Current -day Interstate 5 conforms to the prominent diagonal swath cut by the Southern Pacific Railroad line, which was established in Santa Ana in the late 1870s and still forms the eastern border of the Fisher Park neighborhood. With the exception of the Southern Pacific Railroad line, the area remained agricultural through much of the first half of the twentieth century, with walnut groves and orchards dotting the landscape. In November 1947, residential development arrived when a narrow strip was cleared, graded, and subdivided into 25 lots offered as Tract No. 1160, "River Lane Tract" Mirroring the curve of Santiago Creek to the south, the streets displayed a curvilinear layout, with lots ranging in size from 70 to 130 feet long, 140 to 190 deep. Three years later, in August 1950, another curvilinear subdivision appeared east of Flower Street, with smaller lots, averaging 60 feet by 90 feet, arranged around a curvilinear pattern with cut de sacs. An outgrowth of earlier City Beautiful and Garden City models, this curvilinear layout reflected neighborhood planning preferences codified in the 1930s by the Federal Housing Administration (FHA), which regulated and financed the increase in home ownership through its mortgage lending and insurance programs. During the post -WWII housing expansion in the United States, the FHA - endorsed model for city planning, as reflected in the neighborhood of Fisher Park, "set the standards for the design of post - World War 11 subdivisions." (National Register Bulletin, Historic Residential Suburbs, p. 49). Construction quickly transformed the neighborhood from agricultural to residential. A 1947 aerial photograph taken a few months before creation of the River Lane Tract shows the area dominated by groves of trees. By 1955, nearly all the lots of both tracts had been improved with single-family residences with uniform setbacks, mostly in the Ranch House style popular in the 1950s and 1960s, in a configuration and unity of design still reflected there today (2020). The homes of the Jack Fisher Park neighborhood represent the overwhelming success architects and builders had in the early 1950's, when building homes using "California Ranch" architectural design and features. Homes and lots located in the Fisher Park neighborhood were generously scaled, with homes ranging from 1, 500 to 6, 000 square feet and lot sizes from 6,500 to 25, 000 square feet. The Harold T. Segerstrom House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4(b), for its association with renowned Orange County Segerstrom family, who were agriculturalists, developers, and arts patrons, and under Criterion 2 for its association with prominent Santa Ana builder Allison Honer. Additionally, the house has been categorized as "Landmark" for its "historical/cultural significance to the City," stemming from its association with the Segerstroms (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Harold T Segerstrom House include, but may not be limited to: asymmetrical fagade, roof configuration, including steeply pitched, hipped roof and front - facing and side -gabled extensions, roof and wall dormers, materials and finishes (brick, smooth stucco, and horizontal wood board siding), fenestration (metal casement windows with diamond shaped patterns), exterior brick chimney and rooftop cupula with weathervane; and front entry porch. *1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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 National Register Bulletin, Historic Residential Suburbs, p. 49 Newspapers. com (Santa Ana Register) Branch, National Park Service, US Dept of the Interior, 1991. DPR 523L 2 5 C -4Q State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial 4 of 4 Resource Name: Harold T. Segerstrom House xded by Pedro Gomez 'Date October 29, 2020 0 Continuation ❑ Update Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. Year. 1930, Census Place: Santa Ana, Orange, California; Page: 6B, Enumeration District. 0080; FHL microfilm: 2339917 "Harold T Segerstrom, 78, Farmer, Businessman, Dies" (newspaper clipping, no date or source) "Segerstroms Mark 50th Anniversary" (newspaper clipping, 9/15/1975, no source) DPR 523L 25C-50 MILLS ACT AGREEMENT 936 West River Lane 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 29C-51 MILLS ACT AGREEMENT 936 West River Lane 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 fixture, the essential form and integrity of the structure would be unimpaired. 25C-52 REQUESTFOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-02, HISTORIC REGISTER CATEGORIZATION NO. 2020-01, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-02 FOR PROPERTY LOCATED AT 936 WEST RIVER LANE Prepared by Pedro Gomez, AICP Exhibit 4 HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Q Executive Director Planning Man ger RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020-02 and Historic Register Categorization No. 2020-01 (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 Paul E. Sanford and Jeffrey J. Lemay, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Paul E. Sanford and Jeffrey J. Lemay are requesting approval to designate an existing residence located at 936 West River Lane 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 south side of West River Lane in the Jack Fisher Park neighborhood. The site consists of a two-story 2,797-square-foot, French Eclectic residence and attached garage on a 15,246-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 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria 25C-53 HRCA No. 2020-02, HRC No. 2020-01, HPPA No. 2020-02 October 29, 2020 Page 2 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 72 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 Harold T. Segerstrom House, is located within the Jack Fisher Park neighborhood boundaries and has distinctive architectural features of the French Eclectic Style. The residence was built in 1948 by prominent local builder Allison Honer, credited as the subdivider and builder of a major portion of northwest Santa Ana, now the Floral Park subdivision between Seventeenth Street and Santiago Creek. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco Style Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. The Harold T. Segerstrom house was built for Harold "Hal' Segerstrom Sr. and wife Veronica P. Segerstrom. Segerstrom Sr., one of the six sons of Charles John (C.J.) and Britta Segerstrom, was a member of one of the leading families of Orange County. C.J. and Britta Segerstrom came to Orange County from Sweden, with an intermediate stop in the Midwest, in 1898. They purchased land in what is now Costa Mesa and established a family agricultural business, which specialized in producing lima beans and maintaining a large dairy herd. Following World War II, the family branched into commercial and industrial ventures, and, with the construction of South Coast Plaza Town Center, became one of the most successful land developers in the county. The Segerstrom interests also built the first high rise in Santa Ana, the United California Building at the corner of Tenth and Main Streets. Asymmetrical in composition, the residence is defined by a two-story central block topped with a tall, steeply pitched, hipped roof, featuring two wings in the east and west direction, and front - facing gabled extension along the first floor. The exterior of the house is clad in a combination of brick, smooth stucco, and horizontal wood board siding on the front -facing gable ends. The roof treatment defines four sections of the front (north) fagade. In the middle, the central block features an entry porch formed by a second story extension and characterized by brick cladding around the door, a simple wood post, and an adjacent metal fixed window with diamond shaped patterns. The second story features a pair of metal casement windows framed by a pediment design along the roof edge, carried across to the rear design. The front -facing gabled extension features a prominent bay window with a protruding decorative brick wall below. Metal -framed casement windows appear in the two west sections of the fagade as well as the east section, each framed by decorative wood shutters. The two west sections feature a side -gabled design 25C-54 HRCA No. 2020-02, HRC No. 2020-01, HPPA No. 2020-02 October 29, 2020 Page 3 with a varied roof height, with the section furthest from the central block smaller in height. The east section of the front fagade is an attached three -car garage featuring a side -gabled design and forming a breezeway that leads to the garage entry accessed by the rear. This east section features a hipped dormer extension and a decorative rooftop pinnacle. The rear (south) elevation also features a series of metal casement windows, including divided -light steel casement corner windows and divided -light, tripartite casement windows. An exterior brick chimney rises above the roof ridgeline framing a modest rear patio formed by a side -gable roof extension. Character - defining features of the Harold T. Segerstrom House include, but may not be limited to: asymmetrical fagade; steeply pitched, hipped roof; front -facing and side -gabled extensions; materials and finishes (brick, smooth stucco, and horizontal wood board siding); fenestration (metal casement windows with diamond shaped patterns); exterior brick chimney; and front entry porch. The Harold T. Segerstrom House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 4(b), for its association with renowned Orange County Segerstrom family, who were agriculturalists, developers, and arts patrons, and under Criterion No. 2 for its association with prominent Santa Ana builder Allison Honer. Additionally, the house has been categorized as "Landmark" for its "historical/cultural significance to the City," stemming from its association with the Segerstrom family. 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 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. 25C-55 HRCA No. 2020-02, HRC No. 2020-01, HPPA No. 2020-02 October 29, 2020 Page 4 Public Notification The subject site is located within the Jack Fisher 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/ER No. 2020-59 will be filed for this project. Pedro omez, IC Associate Planner PG:sb S:\Historic Resources Commission\2020\10-29-20\936 W. River Lane - Harold T. Segerstrom House\Staff Report - 936 W. River Lane Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500-Foot Radius Map 25C-56 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2020-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-02 TO PLACE THE PROPERTY LOCATED AT 936 WEST RIVER LANE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-01 PLACING SAID PROPERTY WITHIN THE LANDMARK 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 29, 2020, 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. 2020-02) and categorization (Historic Resources Commission Categorization No. 2020-01) of the Harold T. Segerstrom House located at 936 West River Lane, Santa Ana. B. The Harold T. Segerstrom House has distinctive architectural features of the French Eclectic style and was built in 1948. C. The Harold T. Segerstrom House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4(b), for its association with renowned Orange County Segerstrom family, agriculturalists, developers, and arts patrons, and under Criterion 2 for its association with prominent Santa Ana builder Allison Honer. Additionally, the house has been categorized as "Landmark" for its "historical/cultural significance to the City," stemming from its association with the Segerstrom family. Character -defining features of the Harold T. Segerstrom House include, but may not be limited to: asymmetrical fagade; steeply pitched, hipped roof; front -facing and side -gabled extensions; materials and finishes (brick, smooth stucco, and horizontal wood board siding); fenestration (metal casement windows with diamond shaped patterns); exterior brick chimney; and front entry porch. D. The legal owners of the property are Paul E. Sanford and Jeffrey J. Lemay. 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. 25C-57 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the 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 Landmark category pursuant to Section 30-2.2(1) 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 historical resources. Categorical Exemption No. ER-2020-59 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. 2020-02 to place the Harold T. Segerstrom House located at 936 West River Lane, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-01 placing the Harold T. Segerstrom House located at 936 West River Lane, Santa Ana, 92706 within the Landmark 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 291h day of October, 2020. Alberta Christy Chairperson 25C-58 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission mem CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 29, 2020. Date: Commission Secretary City of Santa Ana 25C-59 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-232-19 936 West River Lane PARCELI: Paul E. Sanford LOT 7 OF TRACT NO. 1160, and Jeffrey J. AS PER MAP RECORDED IN Lemay BOOK 38, PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL2: THAT PORTION OF LOT 6 OF TRACT NO. 1160, AS PER MAP RECORDED IN BOOK 38. PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AND DESCRIBED AS FOLLOW: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 6, RUNNING THENCE NORTHEASTERLY ALONG THE THENCE NORTHWESTERLY BOUNDARY LINE THEREOF, 30 FEET; THENCE SOUTHEASTERLY 142.05 FEET, MORE OR LESS, TO A POINT IN THE SOUTHEASTERLY BOUNDARY LINE THEREOF DISTANCE THEREON NORTHEASTERLY 36.84 FEET FROM THE MOST SOUTHERLY BOUNDARY LINE, 36.84 FEET TO THE SAID MOST SOUTHERLY CORNER THEREOF; THENCE 25C-60 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY LINE THEREOF, 139.32 FEET TO THE POINT OF BEGINNING. r '� 0• :1 MILLS ACT AGREEMENT 936 West River Lane 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 Paul E. Sanford, Trustee of the Paul E. Sanford Declaration of Trust dated 06/14/2007 and Jeffrey J. Lemay, Trustee of the Jeffrey J. Lemay Declaration of Trust dated 06/14/2007, as tenants in common, (hereinafter collectively referred to as "Owner"), owners of real property located at 936 West River Lane, 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 936 West River Lane, 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. 2tC-62 MILLS A CT A GREEMEAT 936 West River Lane 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 November 18, 2020, 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, 2tC-63 MILLS ACT AGREEMENT 936 West River Lane 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 firmiture; 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 2tC-64 MILLS ACT AGREEMENT 936 West River Lane 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 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 Agrmuent 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 936 West River Lane, Assessor Parcel Number, 001-232-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic 2-8C-65 MILLS ACT AGREEMENT 936 West River Lane Santa Ana, CA 92706 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: Paul E. Sanford and Jeffrey J. Lemay 936 West River Lane 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, not 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. 2tC-66 MILLS ACT AGREEMENT 936 West River Lane 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 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. 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) Z6 C-67 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney HILLS ACTAGREEMENT 936 West River Lane Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: PAUL E. SANFORD, TRUSTEE OF THE PAUL E. SANFORD DECLARATION OF TRUST DATED 06/14/2007 JEFFREY J. LEMAY, TRUSTEE OF THE JEFFREY J. LEMAY DECLARATION OF TRUST DATED 06/14/2007 RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 2tC-68 MILLSACTAGREEMENT 936 West River Lane Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELI: LOT 7 OF TRACT NO. 1160, AS PER MAP RECORDED IN BOOK 38, PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THAT PORTION OF LOT 6 OF TRACT NO. 1160, AS PER MAP RECORDED IN BOOK 38. PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AND DESCRIBED AS FOLLOW: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 6, RUNNING THENCE NORTHEASTERLY ALONG THE THENCE NORTHWESTERLY BOUNDARY LINE THEREOF, 30 FEET; THENCE SOUTHEASTERLY 142.05 FEET, MORE OR LESS, TO A POINT IN THE SOUTHEASTERLY BOUNDARY LINE THEREOF DISTANCE THEREON NORTHEASTERLY 36.84 FEET FROM THE MOST SOUTHERLY BOUNDARY LINE, 36.84 FEET TO THE SAID MOST SOUTHERLY CORNER THEREOF; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY BOUNDARY LINE THEREOF, 139.32 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 001-232-19 2SC-69 500' RADIUS HRC 2020-01/ HRCA 2020-02/ HPPA 2020-02 936 WEST RIVER LANE HAROLD T. SEGERSTROM HOUSE PLANNING AND BUILDING AGENCY 25C-70 EXECUTIVE SUMMARY Harold T. Segerstrom House 936 West River Lane Santa Ana, CA 92706 NAME Harold T. Segerstrom House REF. NO. ADDRESS 936 West River Lane CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1948 LOCAL REGISTER CATEGORY: Landmark STORIC DISTRICT N/A NEIGHBORHOOD Jack Fisher Park LIFORNIA REGISTER CRITERIA FOR EVALUATION L C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: French Eclectic Style Based upon precedents provided by many centuries of French domestic architecture, the French Eclectic style shows great variety in form and detailing but is united by the characteristic roof. (Only the Spanish Revival style, similarly based upon a long and complex architectural tradition, approaches it in variety). Informal domestic building in northwestern France (particularly Normandy and Brittany) shares much with Medieval English tradition. The use of half-timbering with a variety of different wall materials, as well as roofs of flat tile, slate, stone, or thatch are common to both. As a result, the French Eclectic houses often resemble the contemporaneous Tudor style based on related English precedent. French examples, however, normally lack the dominant front -facing cross gables characteristic of the Tudor. In contract to these generally informal, rural prototypes, Many French Eclectic houses show formal Renaissance detailing resembling that of the English Georgian. (McAlester 486). SUMMARY/CONCLUSION: The Harold T. Segerstrom House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4(b), for its association with renowned Orange County Segerstrom family, agriculturalists, developers, and arts patrons, and under Criterion 2 for its association with prominent Santa Ana builder Allison Honer. Additionally, the house has been categorized as "Landmark" for its "historical/cultural significance to the City," stemming from its association with the Segerstroms (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. 25C-71 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomk NRHP Status Code Other Listings Review Code Reviewer Date 3 Resource name(s) or number (assigned by recorder) Harold T. Segerstrom 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 936 West River Lane City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-232-19 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Jack Fisher Park, this is a two-story single-family residence on a large parcel, sited with a deep setback and constructed in the French Eclectic style. The residence is asymmetrical in composition, defined by the two-story central block topped with a tall, steeply pitched, hipped roof, featuring two wings in the east and west direction, and front -facing gabled extension along the first floor. The exterior of the house is clad in a combination of brick, smooth stucco, and horizontal wood board siding on the front -facing gable ends. The roof treatment defines four sections of the front (north) fagade. In the middle, the central block features an entry porch formed by a second story extension and characterized by brick cladding around the door, a simple wood post, and an adjacent metal fixed window with diamond shaped patterns. The second story features a pair of metal casement windows framed by a pediment design along the roof edge, carried across to the rear design. The front - facing gabled extension features a prominent bay window with a protruding decorative brick wall below. Metal -framed casement windows appear in the two west sections of the facade as well as the east section, each framed by decorative wood shutters. The two west sections feature a side -gabled design with a varied roof height, with the section furthest from the central block smaller in height. The east section of the front fagade is an attached three -car garage featuring a side -gabled design and forming a breezeway that leads to the garage entry accessed by the rear. This east section features a hipped dormer extension and a decorative rooftop pinnacle. The rear (south) elevation also features a series of metal casement windows, including divided -light steel casement corner windows and divided -light, tripartite casement windows. An exterior brick chimney rises above the roof ridgeline framing a modest rear patio formed by a side -gable roof extension. The property is landscaped with mature trees, low vegetation, neatly trimmed hedges, and a decorative brick walkway leading towards the rear. *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 P5b. Photo: (view and date) North elevation, viewsouth September 2020 *P6. Date Constructed/Age and Sources: ■historic 19481 City of Santa Ana Building Permits *P7. Owner and Address: Paul E Sanford and Jeffrey L. Lemay 936 West River Lane 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 22, 2020 *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 Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record OArtifact Record ❑Photograph Record ❑ Other (list DPR 523A (1195) ❑Rock Art Record *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHPStatus Code 5S3 `ReSonrCe Name or FF: narom I. oegersuurn nuuse B1. Historic Name: Harold T. Segerstrom House B2. Common Name: Same B3. Original Use: Single-family Residence *85. Architectural Style: French Eclectic B4. Present Use: Single-family Residence *136. Construction History: (Construction date, alterations, and date of alterations): August 27, 1948. Constructed. $25,000. January 27, 1955. Range for H. Segerstrom by Gilbert & Stearns. June 3, 1986. Addition of new pool and spa. August 15, 1991. Kitchen remodel. $1,500. May 15, 2012. Reroof house and attached garage - remove shakes, install class A comp shingles. $10,754. March 15, 2019. Install (31) roof mounted solar panels. $30,000. *137. Moved? ■No OYes ❑Unknown Date: Original *BB. Related Features: None. 139a. Architect: Unknown b. Builder: Allison Honer *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1948 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Harold T. Segerstrom House is architecturally distinguished as a remarkably intact and characteristic example of the French Eclectic style of the late 1940s. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on River Lane. It was built in 1948 by prominent developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, now the Floral Park subdivision between Seventeenth Street and Santiago Creek. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. The Harold T. Segerstrom house was built for Harold 'Hal" Segerstrom Sr. and wife Veronica P. Segerstrom. Harold Segerstrom Sr., one of the six sons of Charles John (C.J.) and Britta Segerstrom, was a member of one of the leading families of Orange County. C.J. and Britta Segerstrom came to Orange County from Sweden, with an intermediate stop in the Midwest, in 1898. They purchased land in what is now Costa Mesa and established a family agricultural business, which specialized in producing lima beans and maintaining a large dairy herd. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: October 29, 2020 (This space reserved for official comments.) Sketch Map Harold T. Segerstrom House 936 West River Lane a" 0 31 nro? nw —e"--- u 'I fd Q 1 6 O O_ \ \' o 6 © 3 'e 232 a DPR 523E (1195) 7 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name: Harold T. Segerstrom House *Recorded by Pedro Gomez *Date October 29, 2020 ❑x Continuation ❑ Update *810. Significance (continued): Following World War /l, the family branched into commercial and industrial ventures, and, with the construction of South Coast Plaza Town Center, became one of the most successful land developers in the county. The Segerstrom interests also built the first high rise in Santa Ana, the United California Building at the corner of Tenth and Main Streets. Harold T. Segerstrom Sr. died in 1978; Veronica Segerstrom died in 1962. Along with his cousin Henry T. Segerstrom, Harold T. Segerstrom Jr. joined the family firm, C.J. Segerstrom & Sons in the late 1940's and was a managing partner. Harold T Segerstrom Jr. remained in the home until 1984 when he moved to Newport Beach with his wife Jeannette Segerstrom but the house remained in the family until the early 1990's, until Harold T. Segerstrom Jr.'s sudden death. The Harold T. Segerstrom House is located in Jack Fisher Park, a neighborhood northwest of downtown Santa Ana bounded by Bristol Street, Santa Clara Avenue, Memory Lane, and the Interstate 5. "The neighborhood takes its name from Jacob (Jack) Fisher. Born in Yakima, Washington, Fisher moved to Santa Ana with his parents and sister in the early twentieth century. In April 1917, upon the United States' entry into World War 1, Fisher enlisted in the US Army when he was 18 years old. Assigned to Company L, Seventh California Regiment, Fisher later advanced to the level of corporal in the 58th Infantry of Company D. During his service in World War 1, Fisher received several high-level honors for his service in France, including a Purple Heart, French Croix de Guerra with Palm, and the Medaille Militaire, France's highest military recognition. After surviving the battles of Argonne Forest and Verdun, Fisher's final battle was fought in Argonne, from which he emerged with grave injuries. in 1919, Fisher returned to the United States for a period of convalescence. During his recuperation at the military hospital in San Francisco, Fisher studied art and cartoon illustration, which he developed into a career as a cartoonist for the San Francisco Examiner and, later, Santa Ana Register upon his return to Santa Ana in 1927. A decorated veteran with awards from Italy, Belgium, Britain, France, and the United States, Fisher was instrumental in the formation of the Santa Ana Chapter of the Disabled American Veterans. After Fisher's death at the age of 30, in March 1929, the Chapter of Disabled American Veterans he helped form took his name as the Jack Fisher Post, Chapter of Disabled American Veterans. On August 23, 1933, construction was completed on a park north of Santiago Creek on North Flower Street and dedicated as the Jack Fisher Memorial Park. Prior to its residential development, Fisher Park formed Lots 5B, 8 and 9 of the Potts, Borden and Sidwell Tract, subdivided in 1881. Current -day Interstate 5 conforms to the prominent diagonal swath cut by the Southern Pacific Railroad line, which was established in Santa Ana in the late 1870s and still forms the eastern border of the Fisher Park neighborhood. With the exception of the Southern Pacific Railroad line, the area remained agricultural through much of the first half of the twentieth century, with walnut groves and orchards dotting the landscape. In November 1947, residential development arrived when a narrow strip was cleared, graded, and subdivided into 25lots offered as Tract No. 1160, "River Lane Tract." Mirroring the curve of Santiago Creek to the south, the streets displayed a curvilinear layout, with lots ranging in size from 70 to 130 feet long, 140 to 190 deep. Three years later, in August 1950, another curvilinear subdivision appeared east of Flower Street, with smaller lots, averaging 60 feet by 90 feet, arranged around a curvilinear pattern with cul de sacs. An outgrowth of earlier City Beautiful and Garden City models, this curvilinear layout reflected neighborhood planning preferences codified in the 19308 by the Federal Housing Administration (FHA), which regulated and financed the increase in home ownership through its mortgage lending and insurance programs. During the post -WWI/ housing expansion in the United States, the FHA -endorsed model for city planning, as reflected in the neighborhood of Fisher Park, "set the standards for the design of post -World War I/ subdivisions." (National Register Bulletin, Historic Residential Suburbs, p. 49). Construction quickly transformed the neighborhood from agricultural to residential. A 1947 aerial photograph taken a few months before creation of the River Lane Tract shows the area dominated by groves of trees. By 1955, nearly all the lots of both tracts had been improved with single-family residences with uniform setbacks, mostly /n the Ranch House style popular in the 1950s and 1960s, in a configuration and unity of design still reflected there today (2020). The homes of the Jack Fisher Park neighborhood were built following the overwhelming success architects had in the early 1950's, when building homes using "California Ranch" architectural design and features. Homes located in our prestigious neighborhood range from 1,500- 6,000 sq. ft., with lot sizes from 6,500-25,000 sgft. Properties within this neighborhood boast some of the largest residential land use in any of the incorproated cities within Orange County and Southern California. Giving true meaning to the phrase, "Sprawling California Ranch" style homes. Jack Fisher Park was named after a local highly decorated World War I hero." The Harold T. Segerstrom House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4(b), for its association with renowned Orange County Segerstrom family, agriculturalists, developers, and arts patrons, and under Criterion 2 for its association with prominent Santa Ana builder Allison Honer. Additionally, the house has been categorized as "Landmark" for its `historical/cultural significance to the City, " stemming from its association with the Segerstroms (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Harold T. Segerstrom House include, but may not be limited to: asymmetrical facade; steeply pitched, hipped roof; front -facing and side -gabled extensions; materials and finishes (brick, smooth stucco, and horizontal wood board siding); fenestration (metal casement windows with diamond shaped patterns); exterior brick chimney; and front entry porch. DPR 523L 2 5 C -74 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: Harold T. Segerstrom House *Recorded by Pedro Gomez *Date October 29, 2020 ❑x Continuation ❑ Update *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry. com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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. Whiffen, 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 Harold T. Segerstrom, 76, Farmer, Businessman, Dies" (newspaper clipping, no date or source) "Segerstroms Mark 50th Anniversary," (newspaper clipping, 911511975, no source) DPR 523L 25C- 5 MILLS A CT A GREEMENT 936 West River Lane 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. 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 2'5C-76 MILLS A CT A GREEMENT 936 West River Lane 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 stricture would be unimpaired. 2SC-77 EXHIBIT 5 MILLS ACT AGREEMENT 2352 North Riverside Drive 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 Kevin M. Marshall and Lauren L. Marshall, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2352 North Riverside Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act') to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2352 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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. 26C-78 MILLS ACT AGREEMENT 2352 North Riverside Drive 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 November 18, 2020, 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. 29C-79 MILLS ACT AGREEMENT 2352 North Riverside Drive 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 29C-80 MILLS ACT AGREEMENT 2352 North Riverside Drive Santa Ana, CA 92706 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 2352 North Riverside Drive, Assessor Parcel Number, 002-133-05, 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 29C-81 MILLS ACT AGREEMENT 2352 North Riverside Drive Santa Ana, CA 92706 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. 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: Kevin M. and Lauren L. Marshall 2352 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The 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. -s- 25C-82 MILLS ACT AGREEMENT 2352 North Riverside Drive 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 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) 26C-83 ATTEST: MILLSACT AGREEMENT 2352 North Riverside Drive Santa Ana, CA92706 CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: KEVIN M. MARSHALL Date: By: LAUREN L. MARSHALL APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: 4K JOHN M. FUNK Assistant City Attorney MINH THAI Executive Director Planning and Building Agency 29C-84 MILLS ACT AGREEMENT 2352 North Riverside Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 114, OF TRACT NO. 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE(S) 33 AND 34, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-133-05 26C-85 EXECUTIVE SUMMARY Barnhill -McDowell House 2352 North Riverside Drive Santa Ana, CA 92706 NAME Barnhill -McDowell House REF. NO. ADDRESS 2352 North Riverside Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT 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 Barnhill -McDowell House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its embodiment of the distinguishing characteristics of the Spanish Colonial Revival style, in particular the flat -roofed, one- story, symmetrical bungalow variant of the 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, featuring features highly distinctive porch piers that are the focal point of the facade design. (Santa Ana Municipal Code, Section 30-22). 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 25C-86 State of California— The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary HRI # NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Barnhill -McDowell 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 2352 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-133-05 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Barnhill -McDowell House is a flat -roofed, one-story house, constructed in a symmetrical bungalow variant of the Spanish Colonial Revival architectural style. The building is rectangular in plan and clad in a light lace rough stucco finish. A stepped parapet, with clay barrel tile coping, shields the roof along all four elevations. The fagade (east elevation) consists of three bays, composed in an A-B-A pattern. In the center bay, a projecting porch is the focal point, with distinctively shaped piers supporting a front -gabled porch roof. Clay barrel tiles cover the gable and terracotta tile paves the front steps and porch floor. The original entry doors and flanking sidelights exhibit a Prairie School -style glazing pattern. Tripartite, wood, casement windows, also in the Prairie School -style, are located in the side bays. Fenestration along the side (northern, and southern) elevations consists of Prairie School -style wood casement windows shaded by fabric awnings. A secondary entry on the south elevation faces the driveway and is characterized by a tiled shed roof supported on curved, oversized brackets, a Prairie School -style door and sidelights, terracotta paving. A small bedroom, bath, and laundry room addition as well as a patio cover were attached to the rear of the residence, but due to their location and design they do not impact the integrity of the building. There is a one-story detached garage at the rear of the property. The property is generally landscaped with low vegetation, shrubs, and lawn. The property retains a high degree of integrity. *133b. Resource Attributes: (list attributes and codes) HP2. Single-family residence *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. Photo P5b. Photo: (view and date) September 2020 Front elevation, facing west. *P6. Date Constructed/Age and Sources: ■historic 1925/City of Santa Ana Building Permit *P7. Owner and Address: Kevin M. and Lauren L. Marshall 2352 North Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 22, 2020 *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 []District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record []Artifact Record []Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information 25C-87 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 #: Barnhill -McDowell House 131. Historic Name: Barnhill -McDowell House B2. Common Name: Same B3. Original Use: Single-family residence B4. Present Use: Single-family Residence *135. Architectural Style: Spanish Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed May 20, 1925. $5,000. July 24, 1950. Reroof for J.C. Fallon by Holmes. $235. July27, 1955. Alteration in kitchen for J.C. Fallon by C.E. Vandervort. $1,000. August 1, 1955. 10 circuits, 18 outlets, space heater,range for J.C. Fallon. March 21, 1991. Reroof, tear off, comp. $4, 000. August 17, 1995. Reroof with tear off. $2, 885. May 11, 2011. Kitchen remodel, upper/lower cabinets, drywall as needed. Voluntary seismic retrofit. Changeout windows on three elevations. Vinyl windows on the rear. $21, 500. May 11, 2011. Finalize expired building permit #12081 for bedroom, bath, and laundry room addition. March 13, 2012. Remodel/enlarge bathroom, enclose hallway, relocate shower, replace hung windows with vinyl. $10,000. *137. Moved?mNo ClYes ClUnknown Date: Original Location: *138. Related Features: Garage. B9a. Architect: Unknown b. Builder: J.T. McQuinn *1310. 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 Barnhill -McDowell House is architecturally significant as a characteristic example of the Spanish Colonial Revival style. This house was originally constructed in 1925 by J.T. McQuinn, and was valued at approximately $5,000, according to the original building permit and Newspapers.com (Santa Ana Register). At the time of its construction the listed property owner was J.T. McQuinn, who was a local builder. According to city directories, Newton E. Wray and Isabel Wray purchased the property soon after and maintained it as a rental. Mr. Wray was a walnut and citrus farmer and a member of The Long Beach Scottish Rite masons. The property was primarily rented to Mr. and Mrs. Vernon Barnhill. Mr. Barnhill was one of the first Santa Ana Police motorcycle officers, and later one of the first State Patrol officers of the California Highway Patrol. In 1929 the property was sold to Claude J. and lone L. McDowell. Mr. McDowell was chairman of the Santa Ana Breakfast Club program committee and manager of the Weber Bread industrial bakery in Santa Ana. The next recorded occupants were Donald G. and Mary Jerome. Mr. Jerome was the owner of a service station in downtown Santa Ana at 51h and Birch Streets. The property was sold in 1942 to Allan P. and Carmen R. Carstensen. Mr. Carstensen owned and operated a local grocery store. The next documented occupants of the home were James C. and Delinda S. Fallon (1948) who later deeded the property to the Department of Veterans Affairs. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and *1312. 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: *1314. Evaluator: Leslie Huemann, Chattel Inc. *Date of Evaluation: October22, 2020 (This space reserved for official comments.) DPR 523B (1/95) Sketch Map Barnhill -McDowell House 2352 North Riverside Drive 0 rm O w Q 0 O C 0 133 s a 1va \ 4 r15 � n.w Ur °ova 130.. 1t9 y P n .IM Q 2t zo R 27 y 11e rio �{ rm � *Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Pedro Gomez *B10. Significance (continued): *Date October29, 20200 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Barnhill -McDowell 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 El Toro Marine Base during World War 11, 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 (2020) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Barnhill -McDowell 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, in particular the flat -roofed, one-story, symmetrical bungalow variant of the style. Typical features of the Spanish Colonial Revival exhibited by the Barnhill -McDowell House include stucco cladding, barrel tile coping and roofing, prominent entry, 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," representing the Spanish Colonial Revival style in Santa Ana, featuring features highly distinctive porch piers that are the focal point of the fagade design. Character defining features of the Barnhill -McDowell 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; distinctive porch piers, and doors and windows (Prairie School -style wood casement windows, where extant), and entry. *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) DPR 523L 2 5 C _R Q MILLS ACT AGREEMENT 2352 North Riverside Drive 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 29C-90 MILLS ACT AGREEMENT 2352 North Riverside Drive 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 fixture, the essential form and integrity of the structure would be unimpaired. 25C-91 EXHIBIT 6 REQUEST FOR Historic Resources Commission Action HISTORIC RE90URCESC OMMISSMMEEnNG DATE: OCTOBER 29, 2020 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-03, HISTORIC REGISTER CATEGORIZATION NO.2020-02, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020.03 FOR PROPERTY LOCATED AT 2352 NORTH RIVERSIDE DRIVE Prepared by Pedro Gomez, AICP HISTORIC RESOURCES COMMISSION SECRE ARy APPROVED ❑ As Recommended ❑ As Amended ❑ Set Pub4c Hearing For CONTINUED TO f Executive Director Plannil anager 0GAf1RARff0k1n=r% Ae%"e%Rt 1. Adopt a resolution approving Historic Resources Commission Application No. 2020-03 and Historic Register Categorization No. 2020-02 (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 Kevin A. and Lauren L. Marshall, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Kevin A. and Lauren L. Marshall are requesting approval to designate an existing residence located at 2352 North Riverside 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. Protect Location and Site Description The subject property is located on the west side of North Riverside Drive in the Floral Park neighborhood. The site consists of a 1,416-square-foot, Spanish Colonial Revival residence and attached garage on a 7,000-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 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 25C-92 HRCA No. 2020-03, HRC No. 2020.02, HPPA No. 2020-03 October 29, 2020 Page 2 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 95 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 Barnhill -McDowell 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 J.T. McQuinn. A majority of Floral Park was developed by prominent local builder Allison Honer who 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, continued developing the groves of Floral Park. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Rectangular in plan and clad in a light lace rough stucco finish, the house has a predominantly flat roof that is accented by a shaped parapet along all four elevations. Clay barrel tiles clad the parapet as coping and clad a side entry shed roof with distinctive pier supports along the south elevation, as well as a prominent moderate -pitch, front -gabled entry along the front elevation, also with distinctive pier supports. The front and side entries are further enhanced with a decorative clay the walkway and original entry doors both flanked by two sidelights —all exhibiting a Prairie School -style glazing pattern. Fenestration along the primary, northern, and southern elevation consist of Prairie School -style wood casement windows shaded by fabric awnings. A small bedroom, bath, and laundry room addition as well as a patio cover were attached to the rear of the residence, but due to their location and design they do not impact the integrity of the structure. There is a one-story detached garage at the rear of the property. Character -defining features of the Barnhill -McDowell blouse 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; distinctive porch piers, and doors and windows (Prairie School - style wood casement windows, where extant); and entry. The Barnhill -McDowell House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1, as a building with the "distinguishing characteristics of an architectural style or period," representative of the Spanish Colonial Revival style, in particular the flat -roofed, one-story, symmetrical bungalow variant of the style. Typical features of the Spanish Colonial Revival exhibited by the Barnhill -McDowell House include stucco cladding, barrel tile coping and roofing, prominent entry, and stepped parapet. Additionally, the house has 25C-93 HRCA No. 2020-03, HRC No. 2020-02, HPPA No. 2020-03 October 29, 2020 Page 3 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, featuring features highly distinctive porch piers that are the focal point of the fagade design. 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 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 mall 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/ER No. 2020-62 will be filed for this project. 25C-94 HRCA No. 2020-03, HRC No. 2020-02, HPPA No. 2020-03 October 29, 2020 Page 4 PG:sb SSHistorio Resources Commisslon\2020h10-29.2012352 N Riverside Drive-Barnhill-Mobowoll HouselSteff Report-2320 N. RlverSlde Drive. Exhibits 1 — Resolution 2 -- Mills Act Agreement 3 — 500-Foot Radius Map 25C-95 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2020-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-03 TO PLACE THE PROPERTY LOCATED AT 2352 NORTH RIVERSIDE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-02 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 29, 2020, 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. 2020-03) and categorization (Historic Resources Commission Categorization No. 2020-02) of the Barnhill -McDowell House located at 2352 North Riverside Drive, Santa Ana. B. The Barnhill -McDowell House has distinctive architectural features of the Spanish Colonial Revival style and was built in 1925. C. The Bamhill-McDowell House qualifies- for listing in the Santa Ana Register of Historical Properties under Criterion No. 1, as a building with the "distinguishing characteristics of an architectural style or period," representative of the Spanish Colonial Revival style, in particular the flat - roofed, one-story, symmetrical bungalow variant of the style. Typical features of the Spanish Colonial Revival exhibited by the Bamhill- McDowell House include stucco cladding, barrel the coping and roofing, prominent entry, 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," representing the Spanish Colonial Revival style in Santa Ana, featuring features highly distinctive porch piers that are the focal point of the fagade design. Character -defining features of the Barnhill -McDowell 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; distinctive porch piers, and doors and windows (Prairie School -style wood casement windows, where extant); and entry. 25C-96 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 D. The legal owners of the property are Kevin A. and Lauren L. Marshall. 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 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 16331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2020-62 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. 2020-03 to place the Barnhill -McDowell House located at 2352 North Riverside Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-02 placing the Barnhill - McDowell House located at 2352 North Riverside 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 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 file a certified copy of this Resolution with the County Recorder's Office of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 29t" day of October, 2020. Alberta Christy Chairperson hereby directed to after the adoption 25C-97 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_ Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 29, 2020. Date: Commission Secretary City of Santa Aria 25C-98 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION Address Legal Description Owner Names APN 002-133-05 2352 North Riverside LOT 114, OF TRACT NO. 425, Kevin M. and Drive IN THE CITY OF SANTA ANA, Lauren L. COUNTY OF ORANGE, Marshall STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGE(S) 33 AND 34, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 25C-99 MILLS'ACTAGRF,EMENT 2352 North Riverside nrive .Santa Aria, 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 Kevin M. Marshall and Lauren L. Marshall, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2352 North Riverside Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Govomment Code Section 30280 of 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 2352 North Riverside Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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 ate carried out in an exemplary manner. -I- 25C-100 MILLS ACT AGREEMENT 2352 North Riverside Drive Santa Ana, CA 9270E 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 'l of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana acid the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 18, 2020, 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 50290 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 (M) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. if the Owner or the City dosire(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. 25C-101 MILLS ACT AGREFWNT 2352 North Riversida Drive 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 niay be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a drily noticed public bearing 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 mariner 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 %x) percent by Government Code Section 50286) of the current fair market value of the 25C-102 MILLS ACT AGRETMTsNT 2352 Nor18 Riverside Drive Sweea Anra, CA 92706 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 Govermnent Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced heroin, 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 2352 North Riverside Drive, Assessor Parcel Number, 002-133-05, 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 bereby 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 -4- 25C-103 MILLS ACT AGREEMENT 2352 North Riverside Drive Santa Ann, CA 92706 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 sot 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 patties 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: Clerli of the Comicil Owners: Kevin M, and Lauren L. Marshall 2352 North Riverside Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The 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 clairns 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. -5- 25C-104 DILLS ACT AGIT-ELMENT 2352 North Riverside Drive Santa Ann, 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 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. 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. 1.1. 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 tbllows} -6- 25C-105 MILLSACTAGREEMENT 2352 North RtversIde Drive Santa Ana, CA 92706 ATTEST: CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: KEVIN M. MARSHALL Date: By: LAUREN L. MARSHALL APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney LISA STOR.CK Assistant City Attorney MINH THAI Executive Director Planning and Building Agency -7- 25C-106 MIGI.SACTAGREEMEAT 2352 North Riverside Drive Santa Ana, CA 92706 CXHIBTT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED N THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 114, OF TRACT NO, 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNTA, AS PER MAP RECORDED IN BOOR 16, PAGE(S) 33 AND 34, OF MISCELLANEOUS MAPS, N TIIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-133-05 -8- 25C-107 l I� s irk. Idf� MI - \V � � t S r 500' RADIUS HRC 2020-02/ HRCA 2020-03 / HPPA 2020-03 2352 NORTH RIVERSIDE DRIVE BARNHILL-MCDOWELL HOUSE PLANNING AND BUILDING AGENCY 25C-108 EXECUTIVE SUMMARY Barnhill -McDowell Douse 2352 North Riverside Drive , Santa Ana, CA 92706 NAME Barnhill -McDowell House REF. NO. 2352 North Riverside Drive ADDRESS CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT None NEI&IBORHOOD 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, draw its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadafla); 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 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 wood, wrought Iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Barnhill -McDowell House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for Its embodiment of the distinguishing characteristics of the Spanish Colonial Revival style, In particular the flat -roofed, one- story, symmetrical bungalow variant of the 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, featuring features highly distinctive porch piers that are the focal point of the fagade design. (Santa Ana Municlpal Code, Section 30.22). teria.ter Evaluation: (From California Office of`Historic Presen m,i,n''ate Resources to,the California Register of,.HNtoncal kaiic dies the distinctve characteristics Of q type period reglon;'ot ants the work of.a master, or possesses high artistic vafuesr' We, characteristics of a.type, period, region or method of Corti ses,high artistic Values: 's to be individually ellgible:for Idoat listing or'designation thr6.0 25C-109 P1. Other Identifier: *P2. Location; ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *e.. Address 2352 North Riverside drive City Santa Ana Zip 92706 *e, Other Locations[ Data: Assessor's Parcel Number 002-133.06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Barnhill -McDowell House Is a flat -roofed, one-story house, constructed In a symmetrical bungalow variant of the Spanish Colonial Revival architectural style. The building Is rectangular In plan and Gad In a light lace rough stucco finish. The house has a predominantly flat roof that Is accented by a shaped parapet along all four elevations, clay barrel tiles clad the parapet as coping, and clad a side entry shed roof with distinctive pier supports along the south elevation, as well as a prominent moderate -pitch, front -gabled entry along the front elevation, also with distinctive pier supports. The front and side entries are further enhanced with a decorative clay tile walkway and original entry doors both flanked by two sldelights—all which exhibit a Prairie School -style glazing pattern. Fenestration along the primary, northern, and southern elevation, consist of Prairie School -style wood casement windows shaded by fabric awnings, A small bedroom, bath, and laundry room addition as well as a patio cover were attached to the rear of the residence, but duo to their location and design they do not impact the Integrity of the structure. There is a one-story detached garage at the rear of the property. The property is generally landscaped with low vegetation, shrubs, and lawn. The properly retains a high degree of Integrity. *P3b, Resource Attributes: (list attributes and codes) HP2. Single-family residence *P4. Resources Present: ■Building []Structure ❑Object ❑Site ODistrict ❑Elementof District 110ther P6a, Photo PSb. Photo: (view and date) September2020 Front elevation, facing east. *P6. Date Constructed/Age and Sources: ■historic 19251Cit y of Santa Ana Building Permit *P7. Owner and Address: Kevin M. and Lauren L. Marshall 2352 North Riverside Drive Santa Ana, CA 92706 *P8, Recorded by: Pedro Gomez, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: October 22, 2020 *P10. Survey Type: intensive Survey *P11. Report Citation; (cite survey report and other sources, or enter "none") Naze *Attachments: ❑None ❑Location Map OSketch Map ■Continuetlon Sheet ■Building, Structure, and Object Record ElArehaeological Record ❑District Record 01-inear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record OPhotograph Record 0 Other (list) DPR 523A (1195) EXHIBIT 3 "Required Information 25C-110 State, of Call Tnrnla—The Re. sources Agency Primary# p .PARTMENK$ T.OF PARAND RECREATION .' HRI# BUILDING, STRUCTURE, AND oBJECT RECORD , Page 2 of 3 NRHP SttCode, 5S3 . .. * aus "oasource Name or a; oafrrrrur-rvm✓wvcn i,a,uov i Historic Name: Bernhill-McDowell i'1en58 B2. Common Name: Same B3. Original Use: Single-family residence 134. Present Use: Single-familyResldence *B5, Architectural Style: Spanish Colonial Revival *66. Construction History: (Cenatmetlon date, alterations, and date of alterations): Constructed May 20, 1925, $5,000. July 24, 1950. Reroof for J.C. Fallon by Holmes. $235, July 27, 1966. Alteration in kitchen for J.C. Fallon by C.E. Vandervod. $1,000. August 1, 1956, 10 cifouitsr' 18 cutlets; space heater,' range for J,C. Fallon. March 21, 1991. Reroof, tear off, comp. $4,000, August 17, 1995. Reroof with tear of. $2,886, May 11, 2011, Kitchen remodel, upperliower cabinets, drywall as naoded. Voluntary seismic retrofit. Changeout windows on three elevations. Vinyl windows on the rear. $21,500, May 11, 2011. Finalize expired building permit #12081 for bedroom, bath, and laundry room addition. March 13, 2012 Remodel/enlarge bathroom, enclose hallway, relocate shower, replace, hung windows with vinyl. $10, 000. *B7. Moved?NNo ❑Yes ❑Unknown Date: Original Location: *B8. Related Features: Garage, B9a. Architect: Unknown b. Builder: J.T, MCQulnn *1310.Significance; Theme ResidentlalArchitecture 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) rho Barnhill -McDowell House is architecturally significant as a characteristic example of the Spanish Colonial Revival style. This house was originally constructed in 1925 by J.T. McQuinn, and was valued at approximately $5,000, according to the original building permit and Newspapers. com (Santa Ana Register). At the time of its construction the listed property owner was JT MoQuinn, who was a local builder, According to city directories, Nowoon E. Wray and Isabel Wray purchased the property soon after and maintained as a rental. Mr. Wray was a walnut and citrus farmer and a member of The Long Beach Scottish Rite masons. The property was primarily rented to Mc and Mrs. Vernon Barnhill. Mr. Barnhill was one of tho.first Santa Ana Police motorcycle offices, and later one of the first State Patrol offices of the California Highway Patrol. In 1929 the property was sold to Claude J. and lone L. McDowell. Mr. McDowell was chairman of the Santa Ana Breakfast Club program committee and manager of the Weber Bread industrial bakery In Santa Ana. The next recorded occupants were Donald G. and Mary Jerome. Mr. Jerome was the owner of a service station in downtown Santa Ana at 51" and Birch Streets. The property was sold In 1942 to Allan P. and Carman R, Carstenson. Mr, Carstensen owned and operated a local grocery store. The next documented occupants of the home were James C, and Dolinda S. Fallon (1948) who later deeded the property to the Department of Veterans Affairs. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attrbutes and codes)._ -_ *B12. References: City of Santa Ana Building Permits Harris, Cyril M, American Architecture An 8lustrWcd Rncvcooedla. New Yen(, WIN Norton, 1998. Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Shoot 3 of 3.) B13. Remarks: *814. Evaluator: Leslie Huemann, Chattel Inc. "Date of Evaluation: October 22, 2020 (This space reserved for official comments,) DPR 6238 (1195) 2 5 C -111 Sketch Map Barnhill -McDowell House 2352 North Riverside Drive ei err• � +o 5H so . No d ua z+ : a o C xa � a ® ga< na S w+ *Requlrad Information *Recorded by Pedro Gomez *610. Significance (continued): "Date October22, 202019 Continuation El Update Santa Ana was founded by Wllllam 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 1866, and selection as the seat of the newly created County of Orange In 1869, 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 Barnhill -McDowell 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 an 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 Pieral Park homes wore the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Rogister, 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 He;/, the EI Toro Marine Baso during World War 11, and the 1960 Honer Shopping Plaza. Honer !rued 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 (1881.1966), 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 Cilia Avenue. The homes were quite grand and displayed various removal styles, Including Russalt's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War tl years, Floral Park continued its development as numerous, smaller, single-family houses wore built. Continuing In the Floral Park tradlllon, they wore mostly revival in style. in the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park Today (2020) Floral Park maintains its identity as the prertrler neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Barnhill -McDowell House qualifies for lialing In the Santa Ana Register of Histoflcal Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period," representative of the Spanish Colonial Revival style, In particular the flat -roofed, one-story, symmetrical bungalow variant of the style. Typical features of the Spanish Colonial Revival exhibited by the Barnhill -McDowell House Include stucco cladding, barrel the coping and roofing, prominent entry, 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," representing the Spanish Colonial Revival style In Santa Ana, featuring features highly distinctive porch piers that are the focal point of the fagade design. Character defining features of the Barnhill -McDowell House that should be preserved Include, but may not be limited to: materials and finishes (stucco); roof configuration, materials, and treatment (day barrel tiling); massing and composition; distinctive porch piers, and doors and windows (Prairie School -style wood casement windows, where extent); and entry. *1112. References (continued): Harris, Cyril M. America_ n Architecture: A11 Illustrated Enq, cy lapedla. Now York, VW Norton, 1998, Marsh, Diann. Santa Ana An illustrated H1s(ory, Enclnitas, Heritage Publlshing, 1994. McAlester, Virginia and Lee. A Field Gulrie_to American, Houses, New York: Alfred A. Knopf, 1984, Natlonal Register Bulletin 16A. "Now to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991, Office of 1-1lstorlo 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, Ancostry.com Newspapers.com (Santa Ana Register) DPR523L . 25C-112 MILLS ACT'AGRMEMENT 2352 North Riverside Drive 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. 'rho 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, strictures, and sites shall be. recognized as products of their own time. Alterations that have no historical basis surd 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 enviromnent. These changes may have acquired significance in their own right,, and this significance shalt be recognized and respected. 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 fiord the other buildings or structures. 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. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 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 _t_ 25C-113 MILLS ACT AGREEMENT 2352 North Riverside Drive 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 mannor that if such additions or alterations need to be realoved in th.e future, the essential form and integrity of the structure would be unimpaired. 26�-114 EXHIBIT 7 MILLS ACT AGREEMENT 2526 North Santiago 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 Jeffrey M. Black and Joni L. Black, husband and wife as community property, (hereinafter collectively referred to as "Owner"), owners of real property located at 2526 North Santiago 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 2526 North Santiago 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. 26C-115 MILLS ACT AGREEMENT 2526 North Santiago 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 November 18, 2020, 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. 26C-116 MILLS ACT AGREEMENT 2526 North Santiago 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 umepaired 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 2SC-117 MILLS ACT AGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 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 2526 North Santiago Street, Assessor Parcel Number, 396-422-31, 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. 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 2dC-118 MILLS ACT AGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 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. 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: Jeffrey M. Black and Joni L. Black 2526 North Santiago 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. 25C-119 MILLS ACT AGREEMENT 2526 North Santiago 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 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} 26C-120 MILLSACT AGREEMENT 2526 North Santiago Street Santa Ana, CA92706 ATTEST: CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: JEFFREY M. BLACK Date: By: JONI L. BLACK APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: 7�" -f�L JOFK NI. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency 26C-121 MILLS ACT AGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH 80 FEET OF THE EAST 147.5 FEET OF THE FOLLOWING DESCRIBED LAND: THAT PORTION OF THE SECTION 6, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SANTIAGO AVENUE 196 FEET NORTH OF THE INTERSECTION OF SAID WEST LINE WITH THE NORTH LINE OF EDGEWOOD ROAD AS SAID AVENUE AND ROAD ARE SHOWN ON A MAP OF TRACT NO. 705, RECORDED IN BOOK 21, PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WEST PARALLEL TO SAID NORTH LINE OF EDGEWOOD ROAD 295 FEET; THENCE NORTH PARALLEL TO SAID WEST LINE OF SANTIAGO AVENUE 135 FEET; THENCE EAST PARALLEL TO SAID NORTH LINE OF EDGEWOOD ROAD 295 FEET TO A POINT IN SAID WEST LINE OF SANTIAGO AVENUE; THENCE SOUTH ALONG SAID WEST LINE 135 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 396-422-31 26C-122 EXECUTIVE SUMMARY KLEIDOSTY HOUSE 2526 North Santiago Street Santa Ana, CA 92705 NAME Kleidosty House REF. NO. 172 ADDRESS 2526 North Santiago Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1910 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Pazk Santiago NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 3S Location: ❑ Not for Publication N Unrestricted ❑ Prehistoric N Historic ❑ Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow/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. The Kleidosty House is listed in the Santa Ana Register of Historical Property and has been categorized as "Landmark" because it "has historical/cultural significance to the City of Santa Ana," for its representation of the agricultural era in Santa Ana's history, and "has a unique architectural significance" as a finely detailed and highly intact example of the influential Craftsman style (Municipal Code, Section 30-2.2). The property also appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. 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) 25C-123 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # NRHP Status Other Listings Review Code Reviewer 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: *c. Address 2526 North Santiago Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number Block: Lot: *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This impressive Craftsman home is distinguished by a lingering Victorian era taste for ornamentation. Two stories in height, the building is crowned by a multi -gabled roof. Rounded rafter tails and elaborately stepped beams are exposed in the eaves, carved and turned pendants hang from the gable ends, and bargeboards are jig -sawn and accented with corbels. Spanning most of the fagade, a three bay porch is tucked under the slope of the principal side gable on the north and sheltered by a hipped roof on the south. An open pergola, draped with vines, extends north from the porch. Porch posts, like the rest of the house, are covered with wide, horizontal siding. Boards with elaborately notched ends are used as capitals. An equally ornate sawn railing encloses the space. Centered within the porch, the entry is flanked by large fixed sash windows banded at the top by two rows of rectangular lights. Both the porch foundation and the entry stair walls are made of brick. Above the porch, a balcony is sunk into the porch roof and partially covered by a front gable resting on two supports. (See Continuation Sheet 3 of a) *133b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. Photo *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. `Historic Resources Inventory 2526 Santiago, " March 1980. P5b. Photo: (view and date) South and east elevations January 2002 *P6. Date Constructed/Age and Sources: ■historic 1910/Source: Historic Resources Inventory *P7. Owner and Address: *P8. Recorded by: Leslie J. Neumann SA/C 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 30, 2002 *P10. Survey Type: Intensive Survey Update *Attachments: []None ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record ❑District Record ❑Linear Feature Record [Willing Station Record ❑Rock Art Record []Artifact Record []Photograph Record ❑ Other (list) DPR 523A (1/95) 2 rJ ^ -124 *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 3S *Resource Name or#: Kleidosty House B1. Historic Name: Kleidosty House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1910. June 27, 1933. Rebuild chimney. September 1, 1937. Reroof. April 6, 1950. Private garage. May 4, 1962. Install false front on existing arbor. January20, 1984. Kitchen remodel. *B7. Moved? ■No t7Yes 13Unknown Date: Original Location: *138. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 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 Kleidosty House is architecturally significant as an outstanding example of Craftsman design and is historically noteworthy as one of the handful of ranch houses still extant in Santa Ana. According to previous research, it was constructed in 1910 for Paul and Lou Kleidosty (Les). The 1913-1914 City Directory noted Paul Kleidosty's occupation as butcher. In 1916, the directory reported that Paul Kleidosty had "moved to Long Beach, Cat." and that the new residents were Alexander R. and Margaret Wylie, ranchers. Briefly, Alfred H. and Mary J. Theal, also ranchers, where listed as the owner residents of 2526 Santiago Avenue [sic], but by 1923 and continuing into the 1930s, the Wylies were again at this address. 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. Early growth and development were stimulated by the arrival of the Southern Pacific (See Continuation Sheet 3 of a) B11. Additional Resource Attributes: (List attributes and *13112. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps Santa Ana City Directories, 1905-1930 (See Continuation Sheet 3 of a) B13. Remarks: *1314. Evaluator: Leslie J. Neumann (This space reserved for official comments.) *Date of Evaluation: January 30, 2002 Sketch Map Kleidosty House 2526 North Santiago Street �..rr. S annex q � ,a..N.w sixrtx r� 01) 0 li * fW'll� MAFf DPR 523B (1 /95) 2 5 C -12 5 *Required information State of California — The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Kleidosty House 'Recorded by Leslie J. Neumann, SA/C *Date January 30, 2002 0 Continuation ❑ Update *133a. Description (continued): A solid railing whose coping dips slightly in the middle of each of the two bays encloses the space. Two tripartite openings, consisting of a central door flanked by half height sidelights with decorative muntins, open onto the balcony. On the south elevation, a semi -circular porch is topped by a flat, bracketed roof carried on posts with notched block capitals. Windows on the side and rear elevations are primarily double -hung sash in type. In good condition, the house appears to be substantially unaltered. *1310. Significance (continued): Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. The development of southern California in general and Santa Ana in specific experienced a large boost in the second half of the 1880s, when competition between the two railroads triggered a real estate boom. The economic underpinnings of the young community were agricultural, and many residents owned or worked on the ranches that encircled the incorporated area. The Kleidosty House is a remnant of this era, when the outlying areas of Santa Ana were covered with orchards and dotted with widely spaced ranch houses. Possessing a high degree of design integrity, the Kleidosty House is most notable for its evocation of the Craftsman style that dominated residential construction in southern California during the first two decades of the twentieth century. Its picturesque quality, derived from the abundant use of sawn and carved woodwork is characteristic of transitional architecture of the early twentieth century. All original and restored elements of this very intact residence are considered to be character -defining and should be preserved, including (but not limited to): materials and finishes (wood, brick), roof configuration and treatment, massing and composition, porches, balcony, and pergola, doors and windows, and architectural detailing (woodwork). Unique and possessed of a high degree of integrity, the Kleidosty House is listed in the Santa Ana Register of Historical Property and has been categorized as `Landmark." It also appears to meet the architectural criteria for listing in the National Register of Historic Places and the California Register of Historical Resources. *1312. 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. DPR 523L 25C-126 MILLS ACT AGREEMENT 2526 North Santiago 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. 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 size, scale, color, material and character of the property, neighborhood, or environment. 26C-127 MILLS ACT AGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 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. 25C-128 EXHIBIT 8 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-04 (MILLS ACT) FOR THE PROPERTY LOCATED AT 2526 NORTH SANTIAGO STREET Prepared by Jill Arabe, AICP HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Execu ive Director Plannin Manag 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 Jeffrey M. Black and Joni L. Black for the property located at 2526 North Santiago Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant Jeffrey and Joni Black are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2526 North Santiago Street that is currently listed on the Santa Ana Register of Historical Properties. Project Location and Site Description The subject property, known as the Kleidosty House, consists of an existing two-story Craftsman style residence that is approximately 2,753 square feet in size on an 11,800-square-foot residential lot (Exhibit 2). The home was added to the Santa Ana Register of Historical Properties in 2002 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 25C-129 HPPA No. 2020-04 October 29, 2020 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 2002, the Historic Resources Commission placed the Kleidosty House on the historical register and within the Landmark category. Character -defining features of the Kleidosty House determined architecturally significant included: materials and finishes (wood, brick); roof configuration and treatment; massing and composition; porches, balcony, and pergola; doors and windows; and architectural detailing (woodwork). The Kleidosty 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 because it is unique and possessed a high degree of integrity as an outstanding example of Craftsman design and is historically noteworthy as one of the handful of ranch houses still extant 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-2020-61 will be filed for this project. Jill n. 66— a = Senior Planner JA:sb S:1Historic Resources Commission12020110-29-2012526 N. Santiago StreOStaff Report - 2526 N Santlago.docx Exhibits 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 2526 N Santiago Street 25C-130 MILLS A CT A GREEMENT 2526 North Santiago 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 Jeffrey M. Black and Joni L. Black, husband and wife as community property, (hereinafter collectively referred to as "Owner"), owners of real property located at 2526 North Santiago 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 2526 North Santiago 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. Z$C-131 MILLSACTAGREEMENT 2526 North Santiago 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 November 18, 2020, 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. 26C-132 MILLS ACT AGREEMENT 2526 North Santiago 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 ZSC-133 MILLS ACT AGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 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 2526 North Santiago Street, Assessor Parcel Number, 396-422-31, 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. 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 25`C-134 MILLS ACT AGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 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: Jeffrey M. Black and Joni L. Black 2526 North Santiago 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. 2-SC-135 MILLSACTAGREEMENT 2526 North Santiago 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 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. 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} 25t-136 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLS ACT AGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager JEFFREY M. BLACK JONI L. BLACK RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Z&C-137 MILLSACTAGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH 80 FEET OF THE EAST 147.5 FEET OF THE FOLLOWING DESCRIBED LAND: THAT PORTION OF THE SECTION 6, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF SANTIAGO AVENUE 196 FEET NORTH OF THE INTERSECTION OF SAID WEST LINE WITH THE NORTH LINE OF EDGEWOOD ROAD AS SAID AVENUE AND ROAD ARE SHOWN ON A MAP OF TRACT NO. 705, RECORDED IN BOOK 21, PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WEST PARALLEL TO SAID NORTH LINE OF EDGEWOOD ROAD 295 FEET; THENCE NORTH PARALLEL TO SAID WEST LINE OF SANTIAGO AVENUE 135 FEET; THENCE EAST PARALLEL TO SAID NORTH LINE OF EDGEWOOD ROAD 295 FEET TO A POINT IN SAID WEST LINE OF SANTIAGO AVENUE; THENCE SOUTH ALONG SAID WEST LINE 135 FEET TO THE POINT OF BEGINNING. Assessor's Parcel Number: 396-422-31 25C-138 EXECUTIVE SUMMARY KLEIDOSTY HOUSE 2526 North Santiago Street Santa Ana, CA 92705 NAME Kleidosty House REF. NO. 172 ADDRESS 2526 North Santiago Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1910 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD I Park Santiago NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow/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 Kleidosty House is listed in the Santa Ana Register of Historical Property and has been categorized as "Landmark" because it "has historical/cultural significance to the City of Santa Ana," for its representation of the agricultural era in Santa Ana's history, and "has a unique architectural significance" as a finely detailed andhighly intact example of the influential Craftsman style (Municipal Code, Section 30-2.2). The property also appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. EXPLANATION Or 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) 3S: Appears eligible for separate arate listing. EXHIBIT B 25C-139 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 Pape 1 _ of 3 Resource name(s) or number (assigned by recorder) Kleidosty House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2526 North Santiago Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number Block: Lot: *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This impressive Craftsman home is distinguished by a lingering Victorian era taste for ornamentation. Two stories in height, the building is crowned by a multi -gabled roof. Rounded rafter tails and elaborately stepped beams are exposed in the eaves, carved and turned pendants hang from the gable ends, and bargeboards are jig -sawn and accented with corbels. Spanning most of the fagade, a three bay porch is tucked under the slope of the principal side gable on the north and sheltered by a hipped roof on the south. An open pergola, draped with vines, extends north from the porch. Porch posts, like the rest of the house, are covered with wide, horizontal siding. Boards with elaborately notched ends are used as capitals. An equally ornate sawn railing encloses the space. Centered within the porch, the entry is flanked by large fixed sash windows banded at the top by two rows of rectangular lights. Both the porch foundation and the entry stair walls are made of brick. Above the porch, a balcony is sunk into the porch roof and partially covered by a front gable resting on two supports. (See Continuation Sheet 3 of 3.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) South and east elevations January2002 *P8. Date Constructed/Age and Sources: Rhistoric 1910/Source: Historic Resources Inventory *P7. Owner and Address: *P8. Recorded by: Leslie J. Neumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Data Recorded: January 30, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "Historic Resources Inventory 2526 Santiago," March 1980. *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 ❑Photograph Record ❑ Other (list) DPR 523A (1195) 25C-140 *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 3S resource ivame or s: meiaosty mouse B1, Historic Name: Kleidosty House B2, Common Name: Same B3, Original Use: Single -Family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Bungalow/Craftsman *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1910. June 27, 1933. Rebuild chimney. September 1, 1937. Reroof. April 6, 1950. Private garage. May 4, 1962. Install false front on existing arbor. January 20, 1984. Kitchen remodel. *137. Moved? ®No ❑Yes ❑Unknown Date: Original Location *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 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 Kleidosty House is architecturally significant as an outstanding example of Craftsman design and is historically noteworthy as one of the handful of ranch houses still extant in Santa Ana. According to previous research, it was constructed in 1910 for Paul and Lou Kleidosty (Les). The 1913-1914 City Directory noted Paul Kleidosty's occupation as butcher. In 1916, the directory reported that Paul Kleidosty had "moved to Long Beach, Cat" and that the new residents were Alexander R. and Margaret Wylie, ranchers. Briefly, Alfred H. and Mary J. Theal, also ranchers, where listed as the owner residents of 2526 Santiago Avenue [sic], but by 1923 and continuing into the 1930s, the Wylies were again at this address. 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. Early growth and development were stimulated by the arrival of the Southern Pacific (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 Santa Ana City Directories, 1905-1930 (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Neumann (This space reserved for official comments.) *Date of Evaluation: January 30, 2002 DPR 523B (1195) 25C-141 *Required information Slate of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial _ Page 3 of 3 Resource Name or # (Assigned by recorder) Kleidosty House -Recorded by Leslie J. Herrmann, 3A/G 'vale danuary au, 4uuc u uunimuauUu u upuo'c *P3a. Description (continued): A solid railing whose coping dips slightly in the middle of each of the two bays encloses the space. Two tripartite openings, consisting of a central door flanked by half height sidelights with decorative muntins, open onto the balcony. On the south elevation, a semi -circular porch is topped by a flat, bracketed roof carried on posts with notched block capitals. Windows on the side and rear elevations are primarily double -hung sash in type. In good condition, the house appears to be substantially unaltered. *1310. Significance (continued): Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. The development of southern California in general and Santa Ana in specific experienced a large boost in the second half of the 1880s, when competition between the two railroads triggered a real estate boom. The economic underpinnings of the young community were agricultural, and many residents owned or worked on the ranches that encircled the incorporated area. The Kleidosty House is a remnant of this era, when the outlying areas of Santa Ana were covered with orchards and dotted with widely spaced ranch houses. Possessing a high degree of design integrity, the Kleidosty House is most notable for its evocation of the Craftsman style that dominated residential construction in southern California during the first two decades of the twentieth century. Its picturesque quality, derived from the abundant use of sawn and carved woodwork is characteristic of transitional architecture of the early twentieth century. All original and restored elements of this very intact residence are considered to be character -defining and should be preserved, including (but not limited to): materials and finishes (wood, brick); roof configuration and treatment; massing and composition; porches, balcony, and pergola; doors and windows; and architectural detailing (woodwork). Unique and possessed of a high degree of integrity, the Kleidosty House is listed in the Santa Ana Register of Historical Property and has been categorized as 'Landmark." It also appears to meet the architectural criteria for listing in the National Register of Historic Places and the California Register of Historical Resources. *512. References (continued): Harris, Cyril M. American Architecture An Illustrated Encyclopedia. New York, WWNorton, 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. "Haw 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. DPR 523L 25C-142 MILLSACTAGREEMENT 2526 North Santiago 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. 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 size, scale, color, material and character of the property, neighborhood, or environment. -1- 25C-143 HILLS ACTAGREEMENT 2526 North Santiago Street Santa Ana, CA 92706 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- 25C-144 E ��©\Z ----- :� \ W. 0 i.— � r� �• . �, n g>: EXHIBIT 9 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 Matthew D. Mohler and Leigh A. Mohler, husband and wife as Community Property with Right of Survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 2320 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 Acts 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 2320 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 26C-147 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 November 18, 2020, 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 tern 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, 5 2C-148 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 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 29C-149 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 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 2320 North Heliotrope Drive, Assessor Parcel Number, 002-072-06, 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 26C-150 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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: Matthew D. and Leigh A. Mohler 2320 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. -s- 25C-151 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 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) 26C-152 ATTEST: DAISY GOMEZ Clerk of the Council CI11,101 D1 N Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: 7g, -f�L JOI1 M. FUNK Assistant City Attorney MILLSACTAGREEMENT 2320 North Heliotrope Drive Santa Ana, CA92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: MATTHEW D. MOHLER By: LEIGH A. MOHLER RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 26C-153 MILLS ACT AGREEMENT 2320 North Heliotrope Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH 20 FEET OF LOT 14 AND ALL OF LOT 15, EXCEPT THE NORTH 10 FEET THEREOF, IN BLOCK B OF TRACT NO. 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 EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET. Assessor's Parcel Number: 002-072-06 29C-154 EXECUTIVE SUMMARY W.S. Spicer House 2320 North Heliotrope Drive Santa Ana, CA 92706 NAME W.S. Spicer House REF. NO. ADDRESS 2320 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 2D4 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 W.S. Spicer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the late Colonial Revival style, when stylistic elements were simplified to signature elements, often attenuated, and frequently combined with the Regency Revival; and Criterion 2, for its association with influential and prominent local builder, Allison Honer. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park and is a good example of Colonial Revival architecture just prior to World War II (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the W.S. Spicer House include, but may not be limited to: materials and finishes (vertical board and batten siding); massing, roof configuration and treatment , portico, brick chimney, fenestration (multi -light double hung windows), and architectural detailing (dormers, wood shutters. sidelights. Danelino. entry portico piers and pediment). • 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. 2D4: Contributor to a district determined eligible for NR pursuant to Section 106 without review by SHPO. Listed in the CR. 25C-155 State of California— The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary HRI # NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) W S. Spicer 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 2320 North Heliotrope Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-072-06 *133a. 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 Heliotrope Drive, the W S. Spicer House is a 1 112 story single-family residence constructed in the Colonial Revival style. Simplicity and near symmetry identify the Colonial Revival inspiration for this single-family residence which features a moderate hipped roof with shallow eaves and two prominent hipped roof dormers along the side (south) and rear (west) elevations. The roof is clad in contemporary asphalt shingle roofing and the exterior walls are clad in smooth stucco. Portions of the rear elevation are accented in brick veener, and vertical board and batten wood siding accents the southeast corner of the primary elevation and the two hipped roof dormers. The focal point of the design is the central entry portico, supported by slender, fluted, wood piers and featuring a decorative segmental pediment. The entry contains a wide six -panel wood door flanked by two narrow, four -light, half -height sidelights. Both the reveal walls of the porch and the surfaces below the side lights are wood paneled. An interior brick chimney rises above the roof ridgeline. Paired and single, four -over -four and six -over -six, double -hung sash windows occupy the two bays on either side of the portico, with full height shutters adorning three sets of windows. Along the north, south, and west elevations, the building incorporates a series of single six -over -six double -hung sash windows. A one-story, hip -roofed, detached garage is located in the rear of the property. Building permits document an enclosure of the original rear patio. While the residence has been altered, the alterations do not to detract from the integrity of the residence. The property is landscaped with low vegetation and neatly trimmed hedges and features a walkway paved in herringbone brick leading to the front entry. *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west September 2020 *P6. Date Constructed/Age and Sources: ■historic 19401 City of Santa Ana Building Permits *P7. Owner and Address: Matthew D. and Leigh A. Mohler 2320 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *139. Date Recorded: October 29, 2020 *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 ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record DArtifact Record []Photograph Record ❑ Other (list) DPR 523A (1 /95) 2 5 C -156 *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#: W.S.Splcer House 131. Historic Name: W.S. Spicer House B2. Common Name: Same B3. Original Use: Single-family Residence *135. Architectural Style: Colonial Revival B4. Present Use: Single-family Residence *136. Construction History: (Construction date, alterations, and date of alterations): May 13, 1940. Constructed. $6,000. May 20, 1942. Addition to residence. $300. January 11, 1962. Water heater for L.B. Hill by Killen. April 30, 1996. Reroof with tear off and apply comp shingles. $7, 000. September 8, 2020. Window relocation from previously existing sun room to bedroom.$500. *137. Moved? ■No DYes DUnknown Date: Original location: *138. 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: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W.S. Spicer House is architecturally significant as a characteristic example of the late Colonial Revival style. It was built in 1940 by prominent developer and builder Allison Honer, the subdivider of Floral Park. This house was sold to Walter S. Spice and his wife Faye G. Spicer in 1940. The Spicer's were very active in the Santa Ana and south Orange County communities, with Faye and their daughters, Harriet and Carolyn, involved in the Santa Ana Ebell Club, Junior Ebell, Professional Employer Organization (PEO), as well as other civic groups for women. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: Leslie Heumann/ChattelInc. *Date of Evaluation: October29, 2020 DPR 523B (1/95) (This space reserved for official comments.) 25C-1571310. Significance (continued): State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial 3 of 3 Resource Name: W.S. Spicer House )rded by Pedro Gomez 'Date October 29, 2020 0 Continuation ❑ Update Mr. Spicer worked at Barr Lumber beginning in 1912 and was eventually promoted to secretary and director prior to his resignation in 1930. Shortly thereafter in November of 1930, Mr. Spicer opened up Bay District Lumber Company in Newport Beach. In 1944, the Spicer's moved to Corona de Mar and sold the home to Byron J. "Barney" Koster, a well established local mechanic turned automobile salesman, and his wife Minnie E Koster. According to city directories, the home was sold to Lansing B. and Matilda E. Hill in 1957 who then sold it ti Marshall G. and Ruth Ause in 1962. Since then, the W S. Spicer House has been occupied by various owners until the current homeowners purchased the home in 2018. The W S. Spicer 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 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 El Toro Marine Base during World War 11, 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 (2020) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The W S. Spicer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the late Colonial Revival style, when stylistic elements were simplified to signature elements, often attenuated, and frequently combined with the Regency Revival; and Criterion 2, for its association with influential and prominent local builder, Allison Honer. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park and is a good example of Colonial Revival architecture just prior to World War If (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the W S. Spicer House include, but may not be limited to: materials and finishes (vertical board and batten siding); massing, roof configuration and treatment , portico, brick chimney, fenestration (multi -light double hung windows), and architectural detailing (dormers, wood shutters, sidelights, paneling, entry portico piers and pediment). "1312. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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. Whiffen, 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 DPR 523L 2 5 ^ -158 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 26C-159 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 fixture, the essential form and integrity of the structure would be unimpaired. 26C-160 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-04, HISTORIC REGISTER CATEGORIZATION NO. 2020-03, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-06 FOR PROPERTY LOCATED AT 2320 NORTH HELIOTROPE DRIVE Prepared by Pedro Gomez, AICP EXHIBIT 10 HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Q Executive Director Planni anager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020-04 and Historic Register Categorization No. 2020-03 (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 Matthew D. and Leigh A. Mohler, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Matthew D. and Leigh A. Mohler are requesting approval to designate an existing residence located at 2320 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 west side of North Heliotrope Drive in the Floral Park neighborhood. The site consists of a 2,421-square-foot, Colonial Revival residence and attached garage on an 8,276-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 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria 25C-161 HRCA No. 2020-04, HRC No. 2020-03, HPPA No. 2020-06 October 29, 2020 Page 2 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 80 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 W.S. Spicer House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Colonial Revival style. The residence was built in 1940 by prominent local builder Allison Honer, 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, 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 design, the W.S. Spicer House features a moderate hipped roof with shallow eaves and two prominent hipped roof dormers along the side (south) and rear (west) elevations. The roof is clad in contemporary asphalt shingle roofing and the exterior walls are clad in smooth stucco, with portions of the rear accented in brick veneer, and with vertical board and batten wood siding accenting the southeast corner of the primary elevation and the two hipped roof dormers. The focal point of the design is the central entry portico, supported by decorative wood piers and featuring a decorative segmental pediment. The entry features a wide six -panel wood door with two full height sidelights flanking the doorway and decorative wood paneling adjacent to the entry door. An interior brick chimney rises above the roof ridgeline. Two six -over -six double -hung sash windows with full height shutters are displayed north of the entry along the front elevation. The southern portion of the front elevation features an adjacent pair of four -over - four double -hung sash windows, also with full height shutters, as well as a single six -over -six double -hung sash window. Along the north, south, and west elevation, the building incorporates a series of single six -over -six double -hung sash windows. Character -defining features of the W.S. Spicer House include, but may not be limited to: materials and finishes (vertical board and batten siding); massing, roof configuration and treatment (brick chimney); fenestration (multi -light double hung windows); and architectural detailing (dormers, wood shutters, sidelights). The W.S. Spicer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 for embodiment of the distinguishing characteristics of the late Colonial Revival style, when stylistic elements were simplified to signature elements, often attenuated, and frequently combined with the Regency Revival; and Criterion No. 4, for its contribution to the Floral Park neighborhood and for its association with prominent local builder, Allison Honer. 25C-162 HRCA No. 2020-04, HRC No. 2020-03, HPPA No. 2020-06 October 29, 2020 Page 3 Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park, "has a distinctive architectural style and quality" representing the Colonial Revival style in Santa Ana, and is a good example of Colonial Revival architecture just prior to World War II. 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 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/ER No. 2020-64 will be filed for this project. 25C-163 HRCA No. 2020-04, HRC No. 2020-03, HPPA No. 2020-06 October 29, 2020 Page 4 Associate Planner PG:sb SAHistoric Resources Comm ission12020110-29-20\2320 N. Heliotrope Drive - W.S. Spicer House\Staff Report -2320 N. Heliotrope Drive Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500-Foot Radius Map 25C-164 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2020-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-04 TO PLACE THE PROPERTY LOCATED AT 2320 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-03 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 29, 2020, 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. 2020-04) and categorization (Historic Resources Commission Categorization No. 2020-03) of the W.S. Spicer House located at 2320 North Heliotrope Drive, Santa Ana. B. The W.S. Spicer House has distinctive architectural features of the Colonial Revival style and was built in 1940. C. The W.S. Spicer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 for embodiment of the distinguishing characteristics of the late Colonial Revival style, when stylistic elements were simplified to signature elements, often attenuated, and frequently combined with the Regency Revival; and Criterion No. 4, for its contribution to the Floral Park neighborhood and for its association with prominent local builder, Allison Honer. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park, "has a distinctive architectural style and quality" representing the Colonial Revival style in Santa Ana, and is a good example of Colonial Revival architecture just prior to World War II. Character -defining features of the W.S. Spicer House include, but may not be limited to: materials and finishes (vertical board and batten siding); massing, roof configuration and treatment (brick chimney); fenestration (multi -light double hung windows); and architectural detailing (dormers, wood shutters, sidelights). D. The legal owners of the property are Matthew D. and Leigh A. Mohler. 25C-165 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 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 historical resources. Categorical Exemption No. ER-2020-64 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. 2020-04 to place the W.S. Spicer House located at 2320 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-03 placing the W.S. Spicer House located at 2320 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 Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 29t" day of October, 2020. Alberta Christy Chairperson 25C-166 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 29, 2020. Date: Commission Secretary City of Santa Ana 25C-167 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-072-06 2320 North Heliotrope THE NORTH 20 FEET OF LOT Matthew D. and Drive 14 AND ALL OF LOT 15, Leigh A. Mohler EXCEPT THE NORTH 10 FEET THEREOF, IN BLOCK B OF TRACT NO. 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 EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET. 25C-168 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 Matthew D. Mohler and Leigh A. Mohler, husband and wife as Community Property with Right of Survivorship, (hereinafter collectively referred to as "Owner"), owner of real property located at 2320 North Heliotrope Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2320 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 2SC-169 MILLS ACT AGREEMENT 2320 North Heliotrope Drive Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Govennnent 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 November 18, 2020, 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, 20"C-170 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 riles 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 Dcpartment 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 tenns 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 2SC-171 MILLSACTAGREEMENT 2320 North Heliotrope Drive 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. hx 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 2320 North Heliotrope Drive, Assessor Parcel Number, 002-072-06, 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 25C-172 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 tenns 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: Matthew D. and Leigh A. Mohler 2320 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. 206C-173 MILLSACTACREEMENT 2320 North Heliotrope Drive 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 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. 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 attomey'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} 254C-174 ATTEST: DAISY GOMEZ Clerk of the Council IA► Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLS ACT AGREEMENT 2320 North Heliotrope Drive Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: MATTHEW D. MOHLER By: LEIGH A. MOHLER RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 2SC-175 MILLSACTAGREEMENT 2320 North Heliotrope Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE NORTH 20 FEET OF LOT 14 AND ALL OF LOT 15, EXCEPT THE NORTH 10 FEET THEREOF, IN BLOCK B OF TRACT NO. 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 EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET. Assessor's Parcel Number: 002-072-06 25C-176 EXECUTIVE SUMMARY W.S. Spicer House 2320 North Heliotrope Drive Santa Ana, CA 92706 NAME W.S. Spicer House REF. NO. ADDRESS 2320 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Contributive DISTRICT N/A NEIGHBORHOOD Floral Park �HHISTORIC CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 2D4 Location: ❑ Not for Publication E 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 W.S. Spicer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the late Colonial Revival style, when stylistic elements were simplified to signature elements, often attenuated, and frequently combined with the Regency Revival; and Criterion 4, for its contribution to the Floral Park neighborhood and for its association with prominent local builder, Allison Honer. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park, "has a distinctive architectural style and quality' representing the Colonial Revival style in Santa Ana, and is a good example of Colonial Revival architecture just prior to World War II (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the W.S. Spicer House include, but may not be limited to: materials and finishes (vertical board and batten siding); massing, roof configuration and treatment (brick chimney); fenestration (multi -light double hung windows); and architectural detailing (dormers, wood shutters, sideliqhts). 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 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. 2D4: Contributor to a district determined eligible for NR pursuant to Section 106 without review by SHPO. Listed in the CR. 25C-178 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 Page 1 of 3 Resource name(s) or number (assigned by recorder) W.S. Spicer 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 2320 North Heliotrope Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-072-06 *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 Heliotrope Drive, the W. S. Spicer House is a 1 112 story single-family residence constructed in the Colonial Revival style. Simplicity and near symmetry identify the Colonial Revival inspiration for this single- family residence which features a moderate hipped roof with shallow eaves and two prominent hipped roof dormers along the side (south) and rear (west) elevation. The roof is clad in contemporary asphalt shingle roofing and the exterior walls are clad in smooth stucco, with portions of the rear accented in brick veneer, and with vertical board and batten wood siding accenting the southeast corner of the primary elevation and the two hipped roof dormers. The focal point of the design is the central entry portico, supported by decorative wood piers and featuring a decorative segmental pediment. The entry features a wide six - pane/ wood door with two full height sidelights flanking the doorway and decorative wood paneling adjacent to the entry door. An interior brick chimney rises above the roof ridgeline. Two six -over -six double -hung sash windows with full height shutters are displayed north of the entry along the front elevation. The southern portion of the front elevation features an adjacent pair of four -over -four double -hung sash windows, also with full height shutters, as well as a single six -over -six double -hung sash window. Along the north, south, and west elevation, the building incorporates a series of single six -over -six double -hung sash windows. A one-story, simple hipped detached garage is located in the rear of the property. Building permits document an enclosure of the original rear patio. 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 and features a decorative walkway leading to the front entry. *1133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a. Photo a P51b. Photo: (view and date) East elevation, view west September2020 *P6. Date Constructed/Age and Sources: ■historic 19401 City of Santa Ana Building Permits *P7. Owner and Address: Matthew D. and Leigh A. Mohler 2320 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 29, 2020 *1310. 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 OArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record OArtifact Record ❑Photograph Record ❑ Other (list DPR 523A (1/95) � 5 C -179 ❑Rock Art Record *Required information State of California The Resources Agency Primary tx DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 "Kesource Name or u: vv.J, opicer riouse B1. Historic Name: W.S. Spicer House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): May 13, 1940. Constructed. $6,000. May 20, 1942. Addition to residence. $300. January 11, 1962. Water heater for L.B. Hill by Killen. April 30, 1996. Reroof with tear off and apply comp shingles. $7,000. September 8, 2020, Window relocation from previously existing sun room to bedroom.$500. *B7. Moved? NNo OYes ❑Unknown Date: Original location: *B6. Related Features: None. B9a. Architect: Unknown b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1940 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W.S. Spicer House is architecturally significant as a characteristic example of the Colonial Revival style. It was built in 1940 by prominent developer and builder Allison Honer, credited as the subdivider and builder of a major portion of northwest Santa Ana, now the Floral Park subdivision between Seventeenth Street and Santiago Creek. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the E/ Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. This house was sold to Walter S. Spice and his wife Faye G. Spicer in 1940. The Spicer's were very active in Santa Ana and south Orange County communities with Faye and their daughters, Harriet and Carolyn, involved in the Santa Ana Ebell Club, Junior Ebell, Professional Employeer Organization (PEO), as well as other civic groups for women. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: October 29, 2020 (This space reserved for official comments.) Sketch Map WS. Spicer House 2320 North Heliotrope Drive s.v ,. T I O I H �` I ()72 I101 .i1035 7 m 16 mi 12 m• 11 PrA. LOf 4 �13y 14y 15* 10y ^174 � 10 � t9 'e & S DWELL TRACT„ DPR 523B (1/95) 2 5 C— 1 80 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET -trinomial Page 3 of 3 Resource Name: W.S. Spicer House *Recorded by Pedro Gomez *Date October 29, 2020 0 Continuation ❑ Update *1310. Significance (continued): Mr. Spicer worked at Barr Lumber beginning in 1912 and was eventually promoted to secretary and director prior to his resignation in 1930. Shortly thereafter in November of 1930, Mr. Spicer opened up Bay District Lumber Companyin Newport Beach. In 1944, the Spicer's moved to Corona de Mar and sold the home to Byron J. "Barney" Koster, a well established local mechanic turned automobile salesman, and his wife Minnie E. Koster. According to city directories, the home was sold to Lansing B. and Matilda E. Hill in 1957 who then sold it If Marshall G. and Ruth Ause in 1962. Since then, the W. S. Spicer House has been occupied by various owners until the current homeowners purchased the home in 2018. The W.S. Spicer 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 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 Et Toro Marine Base during World War iI, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 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 (2020) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The W.S. Spicer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the late Colonial Revival style, when stylistic elements were simplified to signature elements, often attenuated, and frequently combined with the Regency Revival; and Criterion 4, for its contribution to the Floral Park neighborhood and for its association with prominent local builder, Allison Honer. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history of Floral Park, "has a distinctive architectural style and quality" representing the Colonial Revival style in Santa Ana, and is a good example of Colonial Revival architecture just prior to World War II (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the W. S. Spicer House include, but may not be limited to: materials and finishes (vertical board and batten siding); massing, roof configuration and treatment (brick chimney); fenestration (multi -light double hung windows); and architectural detailing (dormers, wood shutters, sidelights). *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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. Whiffen, Marcus. American Architecture Since 1760. 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 DPR 523L 25^-181 MILLS ACT AGREEMENT 2320 North Heliotrope Drive 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 2SC-1s2 MILLSACTAGREEMENT 2320 North Heliotrope Drive 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. 25aC-183 EXHIBIT 11 MILLS ACT AGREEMENT 2447 North Heliotrope Drive 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 Sara Camm-Turrietta and Tracie Turrietta, wife and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owners of real property located at 2447 North Heliotrope Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act') to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2447 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 26C-184 MILLS ACT AGREEMENT 2447 North Heliotrope Drive 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 November 18, 2020, 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. 26C-185 MILLS ACT AGREEMENT 2447 North Heliotrope Drive 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 29C-186 MILLS ACT AGREEMENT 2447 North Heliotrope Drive Santa Ana, CA 92706 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 2447 North Heliotrope Drive, Assessor Parcel Number, 002-064-30, 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 Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying 26C-187 MILLS ACT AGREEMENT 2447 North Heliotrope Drive Santa Ana, CA 92706 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. 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: Sara Camm-Turrietta and Tracie Turrietta 2447 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. -s- 25C-188 MILLS ACT AGREEMENT 2447 North Heliotrope Drive 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 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) 26C-189 ATTEST: MILLSACT AGREEMENT 2447North Heliotrope Drive Santa Ana, CA92706 CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: SARA CAMM-TURRIETTA Date: By: TRACIE TURRIETTA APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By'�', -f�— JOUN M. FUNK Assistant City Attorney MINH THAI Executive Director Planning and Building Agency 26C-190 MILLS ACT AGREEMENT 2447 North Heliotrope Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL: 1 LOTS 16 AND 17 OF TRACT NUMBER 755, IN THE CITY OF SANTA ANA, COMITY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 221 PAGE 33, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE EAST 10 FEET OF SAID LOT 17. ALSO EXCEPT THAT PORTION OF LOT 16, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 16; RUNNING THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 16, 10 FEET; THENCE NORTHWESTERLY TO THE NORTHWEST CORNER OF SAID LOT 16; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 16 TO THE POINT OF BEGINNING. PARCEL 2: THE EAST 10 FEET OF LOT 17 OF TRACT NO. 755, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 221 PAGE 33, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-064-30 29C-191 EXECUTIVE SUMMARY M.E. LeSourd House 2447 North Heliotrope Drive Santa Ana, CA 92706 NAME M.E. LeSourd House REF. NO. ADDRESS 2447 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1945 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses- SUMMARY/CONCLUSION: The M.E. LeSourd house qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example, and one of the first to be constructed immediately post -World War II, of the Craftsman -influenced variant of the Ranch style. Additionally, the house has been categorized as "Key' because it "has a distinctive architectural style and quality" as an example of early post -World War II Ranch style in Santa Ana. (Santa Ana Municipal Code, Section 30- 22)- 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. 25C-192 State of California— The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi; NRHP Status Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) M.E. LeSourd 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 2447 North Heliotrope Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-064-30 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the M.E. LeSourd house is a one-story single-family residence and an intact example of the Craftsman -influenced variant of the Ranch House style. The residence is asymmetrical in composition and features a "U"- shaped plan, topped with a cross -gabled wood shake, medium -pitched roof, with two prominent rear -facing gable extensions. The roof design exhibits wide open eaves with exposed rafters. The exterior is clad in wood shingle siding. A side gable spans the fagade (south elevation). Offset to the east and sheltered under the main roof, the partial -width front porch is elevated one brick step above ground level and divided into three bays by simple, square, wood posts. The east bay of the porch contains the entry, consisting of a wood "Dutch" door flanked by two sidelights. In the center bay, a prominent wood tripartite, casement window is composed of a large, 16-light, fixed center window and flanking three -light casements. The west bay of the fagade features a six -over -six double -hung wood window with decorative white shutters. Along the north, east, and west elevations, the house is fenestrated with a series of double -hung wood windows, including two -over -two, three -over -three, and four -over -four sashes. The "U"shaped plan forms a rear outdoor patio/deck with prominent multi -light wood French doors, flanked by a series of sidelights. The north elevation has a prominent brick chimney.. An interior brick chimney located towards the rear rises above the roof ridgeline and frames a modestly sized rear patio. Building permits document the demolition of the original detached garage and the construction of a new detached garage with attached storage room and potting room. The property is landscaped with several mature trees, a lawn, low vegetation and a decorative walkway at the front setback. Alterations to the house include the rear detached garage and the removal of original roof shingles. Other than the relatively minor noted changes, the house appears intact. *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. Photo P5b. Photo: (view and date) South elevation, view north September 2020 *P6. Date Constructed/Age and Sources: ■historic 19451 City of Santa Ana Building Permits *P7. Owner and Address: Sara Camm-Turrietta and Tracie Turrieta 2447 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 29, 2020 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record []District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record []Artifact Record []Photograph Record ❑ Other (liy�5^_193 DPR 523A (1/95) L IIII *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.E. LeSourd House 131. Historic Name: M.E. LeSourd House B2. Common Name: Same B3. Original Use: Single-family Residence *135. Architectural Style: Ranch House B4. Present Use: Single-family Residence *136. Construction History: (Construction date, alterations, and date of alterations): June 21, 1945. Constructed. $6, 650. November 30, 1990. Re -roof. $5, 600. June 18, 2014. Demolition of existing garage in the north east side of the property. $2,500. May 17, 2016. New detached garage w/attached storage room and potting room. $36,100. *137. Moved? ■No DYes DUnknown Date: Original *138. Related Features: None. B9a. Architect: Unknown b. Builder: Myron E. LeSourd *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1945 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The M.E. LeSourd House is architecturally significant as an early and characteristic example of the Ranch House style. This house was originally constructed in 1945, and was valued at approximately $6, 650, according to the original building permit. The first recorded occupants are Myron E. and Florence LeSourd. Florence LeSourd was a member of various social clubs, including the Ebell Household Economics and the First Congregational Church Woman's Union. Myron E. LeSourd was a Harvard graduate (1906) and worked as an accountant for Curran Lumber Company at 1003 East Fourth Street. The Curran lumber company owned by Frank Curran, was a city partner in much of the development of downtown Santa Ana and much of the development of pre- and post -WWII structures throughout the City. The Curran lumber was noted as receiving the contract for the second Santa Ana City Hall in 1935. Mr. and Mrs. Lesourd remained in the property until 1949 when they bequeathed the home to their daughter, Anne Marie LeSourd. According to city directories, various occupants resided on the property after Anne Marie LeSourd, including E.D. Agnew (1979), Adrian Carpets (1985), Jason E. and Gwendolen Wynder (1995), before the current owners acquired it in 2018. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: Leslie Heumann/ChattelInc. *Date of Evaluation: October22, 2020 (This space reserved for official comments.) Sketch Map M.E.LeSourd house 07 O � 2447 North Heliotrope Drive \ �32 34 33 DPR 523B (1/95) 25C-194 *Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Pedro Gomez *B10. Significance (continued): *Date October29, 20200 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The M.E. LeSourd 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 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 El Toro Marine Base during World War 11, 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 (2020) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The M.E. LeSourd house qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example, and one of the first to be constructed immediately post -World War 11, of the Craftsman -influenced variant of the Ranch style. Additionally, the house has been categorized as `Key" because it "has a distinctive architectural style and quality" as an example of early post -World War 11 Ranch style in Santa Ana. (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the M.E. LeSourd house include, but may not be limited to: asymmetrical facade, materials and finishes (wood shingle siding, wood shake rool), roof configuration, massing and composition; partial-fagade entry porch, entry, fenestration (multi -pane hung windows where extant), and prominent brick chimney. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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. Whiffen, 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 DPR 523L 25C-195 MILLS ACT AGREEMENT 2447 North Heliotrope Drive 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 26C-196 MILLS ACT AGREEMENT 2447 North Heliotrope Drive 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 fixture, the essential form and integrity of the structure would be unimpaired. 25C-197 REQUEST FOR , Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-05, HISTORIC REGISTER CATEGORIZATION NO. 2020-04, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-07 FOR PROPERTY LOCATED AT 2447 NORTH HELIOTROPE DRIVE Prepared by Pedro Gomez, AICP EXHIBIT 12 HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planrl nr Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020-05 and Historic Register Categorization No. 2020-04 (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 Sara Camm-Turrietta and Tracie Turrietta, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Sara Camm-Turrietta and Tracie Turrietta are requesting approval to designate an existing residence located at 2447 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 north side of North Heliotrope Drive in the Floral Park neighborhood. The site consists of an 1,837-square-foot, Ranch House residence and detached garage on a 12,236-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 25C-198 HRCA No. 2020-05, HRC No. 2020-04, HPPA No. 2020-07 October 29, 2020 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 75 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 M.E. LeSourd House, is located within the Floral Park neighborhood boundaries and has distinctive architectural features of the Ranch House style. The residence was built in 1945 by local builder Myron E. LeSourd. A majority of Floral Park was developed by prominent local builder Allison Honer who 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, 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 residence features a "U"-shaped plan, topped with a cross - gabled wood shake, medium -pitched roof, with two prominent rear -facing gable extensions. The roof design exhibits wide open eaves with exposed rafters. The exterior is clad in wood shingle siding. Located off -center and sheltered under the main roof, the full -facade entry porch is characterized by wood "Dutch" door flanked by two sidelights, decorative brick walkway, simple wood square supports, and a prominent wood tripartite, casement picture window adjacent to the west of the front door. The front (south) elevation also features a six -over -six double -hung wood window with decorative white shutters. Along the north, east, and west the house features a series of double -hung wood windows, including two -over -two, three -over -three, and four -over - four sashes. The "U"-shaped plan forms a rear outdoor patio/deck with prominent multi -light wood French doors, flanked by a series of sidelights. The north elevation has a prominent brick chimney. The south elevation features four three -over -three windows and two smaller windows. An interior brick chimney located towards the rear rises above the roof ridgeline and frames a modestly sized rear patio. Character -defining features of the M.E. LeSourd house include, but may not be limited to: symmetrical facade, materials and finishes (wood siding shingle siding, wood shake roof); roof configuration; massing and composition (full -facade entry porch); fenestration (multi -pane hung windows where extant); and prominent brick chimney. The M.E. LeSourd house qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 as an intact example, and one of the first to be constructed immediately post -World War II, of the Craftsman -influenced variant of the Ranch style. Additionally, the house 25C-199 HRCA No. 2020-05, HRC No. 2020-04, HPPA No. 2020-07 October 29, 2020 Page 3 has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of early post -World War II Ranch style in Santa Ana. 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 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/ER No. 2020-65 will be filed for this project. 25C-200 HRCA No. 2020-05, HRC No. 2020-04, HPPA No. 2020-07 October 29, 2020 Page 4 Pedl Gom CID Asso iate Planner PG:sb S:\Historic Resources Commission\2020\10-29-20\2447 N Heliotrope Drive - M.E. LeSourd House\Staff Report - 2447 N. Heliotrope Drive Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500-Foot Radius Map 25C-201 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2020-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-05 TO PLACE THE PROPERTY LOCATED AT 2447 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-04 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 29, 2020, 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. 2020-05) and categorization (Historic Resources Commission Categorization No. 2020-04) of the M.E. LeSourd House located at 2447 North Heliotrope Drive, Santa Ana. B. The M.E. LeSourd House has distinctive architectural features of the Ranch House style and was built in 1945. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Key because it "has a distinctive architectural style and quality" as an example of early post - World War II Ranch style in Santa Ana. Character -defining features of the M.E. LeSourd house include, but may not be limited to: symmetrical facade, materials and finishes (wood siding shingle siding, wood shake roof); roof configuration; massing and composition (full -facade entry porch); fenestration (multi -pane hung windows where extant); and prominent brick chimney. D. The legal owners of the property are Sara Camm-Turrietta and Tracie Turrietta. 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 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. 25C-202 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2020-65 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. 2020-05 to place the M.E. LeSourd House located at 2447 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-04 placing the M.E. LeSourd House located at 2447 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 29r" day of October, 2020. Alberta Christy Chairperson 25C-203 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27333 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 29, 2020. Date: Commission Secretary City of Santa Ana 25C-204 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address legal Description Owner Names 002-064-30 2447 North Heliotrope PARCEL:1 Sara Camm- Drive LOTS 16 AND 17 OF TRACT Turrietta and NUMBER 755, IN THE CITY Trade Turrietta OF SANTA ANA, COMITY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 221 PAGE 33, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE EAST 10 FEET OF SAID LOT 17. ALSO EXCEPT THAT PORTION OF LOT 16, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 16; RUNNING THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 16, 10 FEET; THENCE NORTHWESTERLY TO THE NORTHWEST CORNER OF SAID LOT 16; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 16 TO THE POINT OF BEGINNING. PARCEL 2: THE EAST 10 FEET OF LOT 17 OF TRACT NO. 755, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN 25C-205 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 BOOK 221 PAGE 33, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 1 •'"U . MILLS ACT AGREEMENT 2447North Heliotrope Drive 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 Sara Camm-Turrietta and Tracie Turrietta, wife and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owners of real property located at 2447 North Heliotrope Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2447 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. Z6C-207 MILLS ACT AGREEMENT 2447North Heliotrope Drive 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: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 18, 2020, 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. 25C-208 MILLS ACT AGREEMENT 2447 North Heliotrope Drive 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. I . 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 %) percent by Government Code Section 50286) of the current fair market value of the Z6C-209 MILLS ACT AGREEMENT 2447 North Heliotrope Drive Santa Ana, CA 92706 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 2447 North Heliotrope Drive, Assessor Parcel Number, 002-064-30, 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 Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying 25C-210 MILLS ACT AGREEMENT 2447North Heliotrope Drive Santa Ana, CA 92706 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: Sara Camm-Turrietta and Tracie Turrietta 2447 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. 29C-211 MILLS ACT AGREEMENT 2447North Heliotrope Drive 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 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. 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) 25t-212 ATTEST: DAISY GOMEZ Clerk of the Council UP.N►1 Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLSACTAGREEMENT 2447 North Heliotrope Drive Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: SARA CAMM-TURRIETTA By: TRACIE TURRIETTA RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 2SC-213 MILLSACTAGREEMENT 2447 North Heliotrope Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL:1 LOTS 16 AND 17 OF TRACT NUMBER 755, IN THE CITY OF SANTA ANA, COMITY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 221 PAGE 33, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE EAST 10 FEET OF SAID LOT 17. ALSO EXCEPT THAT PORTION OF LOT 16, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 16; RUNNING THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 16, 10 FEET; THENCE NORTHWESTERLY TO THE NORTHWEST CORNER OF SAID LOT 16; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 16 TO THE POINT OF BEGINNING. PARCEL2: THE EAST 10 FEET OF LOT 17 OF TRACT NO. 755, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 221 PAGE 33, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 002-064-30 25t-214 ­ I I ZW4 Aj M 133 1eet N 500'RADIUS HRC 2020-04/ HRCA 2020-05/ HPPA 2020-07 2447 NORTH HELIOTROPE DRIVE M.E. LESOURD HOUSE PLANNING AND BUILDING AGENCY 25C-215 EXECUTIVE SUMMARY M.E. LeSourd House 2447 North Heliotrope Drive Santa Ana, CA 92706 NAME M.E. LeSourd House REF. NO. ADDRESS 2447 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1945 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: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The M.E. LeSourd house qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example, and one of the first to be constructed immediately post -World War II, of the Craftsman -influenced variant of the Ranch style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of early post -World War II Ranch style in Santa Ana. (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. to be or 25C-216 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 name(s) or by recorder) M.E. LeSourd 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 2447 North Heliotrope Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-064-30 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the M.E. LeSourd house is a one-story single-family residence and an intact example of the Craftsman - influenced variant of the Ranch House style. The residence is symmetrical in composition and features a "U"-shaped plan, topped with a cross -gabled wood shake, medium -pitched roof, with two prominent rear -facing gable extensions. The roof design exhibits wide open eaves with exposed rafters. The exterior is clad in wood shingle siding. Located off -center and sheltered under the main roof, the full-fagade entry porch is characterized by wood "Dutch" door flanked by two sidelights, decorative brick walkway, simple wood square supports, and a prominent wood tripartite, casement picture window adjacent to the west of the front door. The front (south) elevation also features a six -over -six double -hung wood window with decorative white shutters. Along the north, east, and west the house features a series of double -hung wood windows, including two -over -two, three -over -three, and four -over -four sashes. The "U"shaped plan forms a rear outdoor patio/deck with prominent multi -light wood French doors, flanked by a series of sidelights. The north elevation has a prominent brick chimney. The south elevation features four three -over -three windows and two smaller windows. An interior brick chimney located towards the rear rises above the roof ridgeline and frames a modestly sized rear patio. Building permits document the demolition of the original detached garage and the construction of a new detached garage with attached storage room and potting room. The property is landscaped with several mature trees, a lawn, low vegetation and a decorative walkway at the front setback. Alterations to the house include the rear detached garage and the removal of original roof shingles. Other than the relatively minor noted changes, the house appears intact. *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 P51b. Photo: (view and date) South elevation, view north September 2020 *P6. Date Constructed/Age and Sources: ■historic 19451 City of Santa Ana Building Permits *P7. Owner and Address: Sara Camm-Turrietta and Trade Turrieta 2447 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: October 29, 2020 *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 ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rack Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A(1/95) 25r-21 ■ *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 s: ror.c. Leaouru muse B1. Historic Name: M.E. LeSourd House 132. Common Name: Same 133. Original Use: Single-family Residence E4. Present Use: Single-family Residence *135. Architectural Style: Ranch House *66. Construction History: (Construction date, alterations, and date of alterations): June 21, 1945. Constructed. $6,650, November30, 1990. Re -roof. $5,600. June 18, 2014. Demolition of existing garage in the north east side of the property. $2,500, May 17, 2016. New detached garage w/attached storage room and potting room. $36,100, *B7. Moved? ■No []Yes ❑Unknown Date: Original location: *138. Related Features: None. 139a. Architect: Unknown b. Builder: Myron E. LeSourd *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1945 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The M.E. LeSourd House is architecturally significant as a characteristic example of the Ranch House style. This house was originally constructed in 1945, and was valued at approximately $6,650, according to the original building permit. The first recorded occupants are Myron E. and Florence LeSourd, Florence LeSourd was a member of various social clubs, including the Ebell Household Economics and the First Congregational Church Weman's Union, Myron E. LeSourd was a Harvard graduate (1906) and worked as an accountant for Curran Lumber Company at 1003 East Fourth Street. The Curran lumber company owned by Frank Curran, was a city partner in much of the development of downtown Santa Ana and much of the development of pre- and post -WWII structures throughout the City. The Curran lumber was noted as receiving the contract for the second Santa Ana City Hall in 1935. Mr, and Mrs. Lesourd remained in the property until 1949 when they bequeathed the home to their daughter, Anne Marie LeSourd. According to city directories, various occupants resided on the property after Anne Marie LeSourd, Including E.D. Agnew (1979), Adrian Carpets (1985), Jason E. and Gwendo/en Wynder (1995), before the current owners acquired it in 2018. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: Leslie Heumann/Chattel Inc. *Date of Evaluation: October22, 2020 DPR 523E (This space reserved for official comments.) Sketch Map D M.E. LeSourd house O 2447 North Heliotrope Drive 3 32 Vl PIN 2a I 27 (1195) nnA p *Required information *B10. Significance (continued): L 5�CI-L 1 v of California —The Resources Agency Primary# RTMENT OF PARKS AND RECREATION NRI # VTINUATION SHEET Trinomial 3 of 3 Resource Name: M.E. LeSourd House rded by Pedro Gomez *Date October 29, 2020 El Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange In 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The M.E. LeSourd 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 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 El Toro Marine Base during World War 11, 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 lI 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 (2020) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The M.E. LeSourd house qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example, and one of the first to be constructed immediately post -World Warll, of the Craftsman -influenced variant of the Ranch style. Additionally, the house has been categorized as "Key" because it 'has a distinctive architectural style and quality" as an example of early post -World War ll Ranch style in Santa Ana. (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the M.E. LeSourd house include, but may not be limited to: symmetrical facade, materials and finishes (wood siding shingle siding, wood shake roof); roof configuration; massing and composition (full -facade entry porch); fenestration (multi - pane hung windows where extant); and prominent brick chimney. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestrycom Operations Inc, 2000, Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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 DPR 523L 2 5 C -219 MILLS A CT A GREEMENT 2447North Heliotrope Drive 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 2SC-220 MILLS ACT AGREEMENT 2447North Heliotrope Drive 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. 25C-221 EXHIBIT 13 MILLS ACT AGREEMENT 1015 West River Lane 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 Camron E. and Phyllis A. Bussard, husband and wife as community property with right of survivorship, (hereinafter collectively referred to as "Owner"), owners of real property located at 1015 West River Lane, 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 Acts 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 1015 West River Lane, 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. 26C-222 MILLS ACT AGREEMENT 1015 West River Lane 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 November 18, 2020, 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. 26C-223 MILLS ACT AGREEMENT 1015 West River Lane 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 29C-224 MILLS ACT AGREEMENT 1015 West River Lane Santa Ana, CA 92706 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 1015 West River Lane, Assessor Parcel Number, 001-231-04, 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, 26C-225 MILLS ACT AGREEMENT 1015 West River Lane Santa Ana, CA 92706 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: Camrom E. and Phyllis A. Bussard 1015 West River Lane 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. -s- 25C-226 MILLS ACT AGREEMENT 1015 West River Lane 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 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) 26C-227 ATTEST: MILLSACT AGREEMENT 1015 West River Lan e Santa Ana, CA92706 CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: CAMRON E. BUSSARD Date: By: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: � IY,. -f"L— JOfK M. FUNK Assistant City Attorney PHYLLIS A. BUSSARD RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 26C-228 MILLS ACT AGREEMENT 1015 West River Lane Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 18 OF TRACT NO. 1160 AS PER MAP THEREOF RECORDED IN BOOK 38, PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 001-231-04 29C-229 EXECUTIVE SUMMARY E.M. Crawford House 1015 West River Lane Santa Ana, CA 92706 NAME E.M. Crawford House REF. NO. ADDRESS 1015 West River Lane CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1948 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Jack Fisher Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses- SUMMARY/CONCLUSION: The E.M. Crawford House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an early and very intact example of the Ranch style in Santa Ana and under Criterion 3 as a rare example of adobe construction in Santa Ana. Additionally, the house has been categorized as "Landmark" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana, and because, as a rare, perhaps unique, example of the late adobe revival in Santa Ana, the building has a "unique architectural significance (Santa Ana Municipal Code, Section 30-22). 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. 25C-230 25C-231 State of California— The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi; NRHP Status Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) E.M. Crawford 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 1015 West River Lane City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-231-04 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The E.M. Crawford House is a one-story single-family residence with an attached two -car garage constructed in a California Ranch style. A rare example of adobe construction in Santa Ana, the house and garage delineate an "L" -shaped plan, which embraces a shallow rear patio and creates a generously sized rear courtyard area. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low-pitched, cross -hipped roof with wide, overhanging, open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing and the exterior of the house consists of whitewashed, solid `Verdugo Adobe" brick, reportedly made on site, each approximately twelve -inches wide, eighteen -inches long, and five -inches thick, with no two bricks alike. Along the front (south) elevation, the house features a full -width broad porch and a two wide double doors that open into the rear courtyard, gated by Art Deco inspired wrought iron gates. Entry into the residence is accessed off of the rear courtyard and features a deeply recessed wood door, and adjacent sliding patio doors providing access to the "Lanai." The front (south) elevation features two deeply recessed, multi -light, metal -framed casement windows. The north, west, and east elevations, as well as along the interior courtyard, also feature deeply recessed multi -light, metal -framed casement windows. A secondary entry porch into the exterior courtyard features a simple wood door, and is clad in board -and -batten wood siding. Two prominent adobe brick chimneys located along the east and west elevations rise above the roof ridgeline and feature decorative chimney caps with cross in an upside down "V" design. The rear courtyard still retains an original incinerator, also constructed of adobe bricks concurrent with construction of the house. 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 P5b. Photo: (view and date) South elevation, view north September 2020 *P6. Date Constructed/Age and Sources: ■historic 19481 City of Santa Ana Building Permits *P7. Owner and Address: Camron and Phyllis Bussard 1015 West River Lane 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 29, 2020 *13110. 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 ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record DArtifact Record []Photograph Record ❑ Other (list) DPR 523A (1195) 2 5 C -2 32 *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 #: E.M. Crawford House 131. Historic Name: E.M. Crawford House B2. Common Name: Same B3. Original Use: Single-family Residence *135. Architectural Style: Ranch House B4. Present Use: Single-family Residence *136. Construction History: (Construction date, alterations, and date of alterations): November 1, 1948. Constructed. $20,000. October 24, 1985. Solar domestric heater. October 29, 1991. Convert bedroom to master bath 160 sq. ft. $12, 000. March 18, 1994. Reroof with tear off and installation of comp shingles. $7, 250. *137. Moved? ■No DYes DUnknown Date: Original *138. Related Features: None. B9a. Architect: Unknown b. Builder: EdgarB. Lembke *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1948 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 E.M. Crawford House is architecturally significant as a characteristic example of the California Ranch style, and as a rare example of adobe construction in the City of Santa Ana. The house was originally constructed in 1948 by Edgar B. Lembke, and was valued at approximately $20,000, according to the original building permit. The first recorded occupants were Earl M. and Bertha L. Crawford. Born in California, Earl M. Crawford was a local agriculturist and Chairman of the utilities department of the Orange County Farm Bureau, and Vice President, and subsequently President, of the Olive Heights Citrus Association. Built in the early 1920's on three acres of land beside the railroad tracks on Orange -Olive Road, the Olive Heights packing house was, "one of 53 packinghouses that dotted the county from Brea to San Juan Capistrano. But as the miles of orange groves gave way to housing tracts after World War ll, Valencia orange production plummeted. There were 65,000 acres dedicated to oranges in 1940 compared to less than 1,000 in 1995" (Los Angeles Times. February 7, 1997). Additional residents over the years included, J.H. Westerman Jr. (1979), Howell T. Hunt (1985), and Barbara Schmid (1990). In 2006, the property was acquired by John L. and Carolyn J. Kuykendal and in 2014 it was sold to the current owner. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: Leslie Heumann/Chattel, Inc. *Date of Evaluation: October29, 2020 (This space reserved for official comments.) Sketch Map E.M. Crawford House 1015 West River Lane SHARON I 14 27 ze I 231 I lyR I e n 20 I2 an >O n m � - TRACT 4 O 1 e DPR 523B (1/95) 25C-233 *Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 4 Resource Name: E.M. Crawford House by Pedro Gomez *Date October 29, 2020 0 Continuation ❑ Update *1310. Significance (continued): The E.M. Crawford House is located in Jack Fisher Park, a neighborhood northwest of downtown Santa Ana bounded by Bristol Street, Santa Clara Avenue, Memory Lane, and the Interstate 5. The neighborhood takes its name from Jacob (Jack) Fisher. Born in Yakima, Washington, Fisher moved to Santa Ana with his parents and sister in the early twentieth century. In April 1917, upon the United States' entry into World War 1, Fisher enlisted in the US Army when he was 18 years old. Assigned to Company L, Seventh California Regiment, Fisher later advanced to the level of corporal in the 58th Infantry of Company D. After Fisher's death at the age of 30, in March 1929, the Chapter of Disabled American Veterans he helped form took his name as the Jack Fisher Post, Chapter of Disabled American Veterans. On August 23, 1933, construction was completed on a park north of Santiago Creek on North Flower Street and dedicated as the Jack Fisher Memorial Park. Prior to its residential development, Fisher Park formed Lots 5B, 8 and 9 of the Potts, Borden and Sidwell Tract, subdivided in 1881. Current -day Interstate 5 conforms to the prominent diagonal swath cut by the Southern Pacific Railroad line, which was established in Santa Ana in the late 1870s and still forms the eastern border of the Fisher Park neighborhood. With the exception of the Southern Pacific Railroad line, the area remained agricultural through much of the first half of the twentieth century, with walnut groves and orchards dotting the landscape. In November 1947, residential development arrived when a narrow strip was cleared, graded, and subdivided into 25 lots offered as Tract No. 1160, `River Lane Tract." Mirroring the curve of Santiago Creek to the south, the streets displayed a curvilinear layout, with lots ranging in size from 70 to 130 feet long, 140 to 190 deep. Three years later, in August 1950, another curvilinear subdivision appeared east of Flower Street, with smaller lots, averaging 60 feet by 90 feet, arranged around a curvilinear pattern with cut -de -sacs. An outgrowth of earlier City Beautiful and Garden City models, this curvilinear layout reflected neighborhood planning preferences codified in the 1930s by the Federal Housing Administration (FHA), which regulated and financed the increase in home ownership through its mortgage lending and insurance programs. During the post -WWII housing expansion in the United States, the FHA -endorsed model for city planning, as reflected in the neighborhood of Fisher Park, "set the standards for the design of post -World War 11 subdivisions." (National Register Bulletin, Historic Residential Suburbs, p. 49). Construction quickly transformed the neighborhood from agricultural to residential. A 1947 aerial photograph taken a few months before creation of the River Lane Tract shows the area dominated by groves of trees. By 1955, nearly all the lots of both tracts had been improved with single-family residences with uniform setbacks, mostly in the Ranch House style popular in the 1950s and 1960s, in a configuration and unity of design still reflected there today (2020). The homes of the Jack Fisher Park neighborhood represent the overwhelming success architects and builders had in the early 1950's, when building homes using `California Ranch" architectural design and features. Homes and lots located in the Fisher Park neighborhood were generously scaled, with homes ranging from 1, 500 to 6, 000 square feet and lot sizes from 6,500 to 25,000 square feet. The E.M. Crawford House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an early and very intact example of the Ranch style in Santa Ana and under Criterion 3 as a rare example of adobe construction in Santa Ana. The original `ranch" houses of the southwestern United States were built following the arrival of the Spanish and Mexican settlers in the eighteenth century. Using traditional building techniques and the available materials of clay and straw, houses —indeed, most buildings from the time of arrival through the first decades of the nineteenth century —were one-story structures of adobe bricks. Overhanging roof eaves sheltered porches that functioned as outdoor rooms and exterior corridors. Thick adobe walls necessitated deeply recessed window and door openings, with embedded wooden headers added for support. Many of these `hacienda" style homes were L-, U-, or box -shaped in plan in order to incorporate a courtyard. Adobe construction had been mostly supplanted by wood frame and masonry by the mid -nineteenth century in southern California. Adobe enjoyed brief and limited periods of resurgence in association with the Mission and Spanish Colonial Revival styles of the first few decades of the twentieth century. When architects were experimenting with prototypes of what became the California Ranch style, one of the antecedents to which they looked for inspiration was the adobe ranch houses surviving from the nineteenth century. Cliff May, the trailblazing Ranch style architect, often emulated the appearance of adobe construction and used the actual material in a handful of his designs. In the post-Wodd War If period, other architects and builders also experimented with modern adobe building systems. One such architect was Hugh W Comstock of Carmel, California, who published a monograph in 1948 describing his `Post -Adobe" system combining `a rugged timber frame and modem stabilized adobe." The Verdugo Brick system utilized for the E M. Crawford House appears to be another such foray into adobe construction. Additionally, the house has been categorized as "Landmark" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana, and because, as a rare, perhaps unique, example of the late adobe revival in Santa Ana, the building has a "unique architectural significance." (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the E.M. Crawford House include, but may not be limited to: massing (Y" -shaped plan incorporating courtyards and covered porches), low-pitched, cross -hipped roof,, wide, overhanging, open eaves and exposed rafters, "Verdugo Adobe" brick; fenestration (multi -light, metal -framed casement windows), wooden window and door headers, and adobe brick chimneys. DPR 523L 2 5 ^'2 34 State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Pedro Gomez *1312. References (continued): *Date October29, 20200 Continuation ❑ Update Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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 National Register Bulletin, Historic Residential Suburbs, p. 49 Newspapers. corn (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. Whiffen, 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 DPR 523L 25C-235 MILLS ACT AGREEMENT 1015 West River Lane 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 26C-236 MILLS ACT AGREEMENT 1015 West River Lane 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 fixture, the essential form and integrity of the structure would be unimpaired. 25C-237 REQUESTFOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-06, HISTORIC REGISTER CATEGORIZATION NO. 2020-05, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-08 FOR PROPERTY LOCATED AT 1015 WEST RIVER LANE Prepared by Pedro Gomez, AICP EXHIBIT 14 HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning anager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020-06 and Historic Register Categorization No. 2020-05 (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 Camron E. and Phyllis A. Bussard , subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Camron E. and Phyllis A. Bussard are requesting approval to designate an existing residence located at 1015 West River Lane 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 north side of West River Lane in the Jack Fisher Park neighborhood. The site consists of a 2,668-square-foot, Ranch House residence and attached garage on a 11,325-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 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria 25C-238 HRCA No. 2020-06, HRC No. 2020-05, HPPA No. 2020-08 October 29, 2020 Page 2 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 72 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 E.M. Crawford House, is located within the Jack Fisher Park neighborhood boundaries and has distinctive architectural features of the Ranch House style. The residence was built in 1948 by Edgar B. Lembke, and was valued at approximately $20,000, according to the original building permit. During the post- World War II housing expansion in the United States, the FHA -endorsed model for city planning, as reflected in the neighborhood of Fisher Park, "set the standards for the design of post -World War II subdivisions.' Construction quickly transformed the neighborhood from agricultural to residential. By 1955, nearly all the lots of both tracts had been improved with single-family residences with uniform setbacks, mostly in the Ranch House style popular in the 1950s and 1960s, in a configuration and unity of design still reflected there today. An outstanding and intact example of a Ranch House style and a rare example of adobe construction in Santa Ana, the house and garage delineate an "L" -shaped plan, which embraces a shallow rear patio and creates a generously sized rear courtyard area. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low pitched, cross -hipped roof with wide, overhanging, open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing and the exterior of the house is clad in solid "Verdugo Adobe" brick, reportedly made on site, each approximately twelve -inches wide, eighteen -inches long, and five - inches thick, with no two bricks alike. Along the front (south) elevation, the house features a full - width broad porch and a two wide double doors that open into the rear courtyard, gated by art deco inspired wrought iron gates. Entry into the residence is accessed off of the rear courtyard and features a deeply recessed wood door, and adjacent sliding patio doors providing access to the "Lanai." The front (south) elevation features two deeply recessed multi -light, metal -framed casement windows. The north, west, and east elevations, as well as along the interior courtyard, also feature deeply recessed multi -light, metal -framed casement windows. A secondary entry porch into the exterior courtyard features a simple wood door, and is clad in board -and -batten wood siding. Character -defining features of the E.M. Crawford House include, but may not be limited to: massing ("L" -shaped plan); low pitched, cross -hipped roof; wide, overhanging, open eaves and exposed rafters; "Verdugo Adobe" brick; fenestration (multi -light, metal -framed casement windows); and adobe brick chimneys. 25C-239 HRCA No. 2020-06, HRC No. 2020-05, HPPA No. 2020-08 October 29, 2020 Page 3 The E.M. Crawford House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 as an early and very intact example of the Ranch style in Santa Ana and under Criterion No. 3 as a rare example of adobe construction in Santa Ana. Additionally, the house has been categorized as "Landmark" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana, and because, as a rare, perhaps unique, example of the late adobe revival in Santa Ana, the building has a "unique architectural significance." 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 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 Jack Fisher 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. 25C-240 HRCA No. 2020-06, I-IRC No. 2020-05, HPPA No. 2020-08 October 29, 2020 Page 4 CEQA Com lip ance 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/ER No. 2020-66 will be filed for this project. Pedr(�Gomez,WlG Associate Planner PG:sb S1Histodc Resources Commission\2020\10-29-20\1015 W. River Lane - E.M. Crawford House\ Staff Report -1015 W. River Lane Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500-Foot Radius Map 25C-241 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2020-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-06 TO PLACE THE PROPERTY LOCATED AT 1015 WEST RIVER LANE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-05 PLACING SAID PROPERTY WITHIN THE LANDMARK 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 29, 2020, 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. 2020-06) and categorization (Historic Resources Commission Categorization No. 2020-05) of the E.M. Crawford House located at 1015 West River Lane, Santa Ana. B. The E.M. Crawford House has distinctive architectural features of the Ranch House style and was built in 1948. C. The E.M. Crawford House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 as an early and very intact example of the Ranch style in Santa Ana and under Criterion No. 3 as a rare example of adobe construction in Santa Ana. Additionally, the house has been categorized as "Landmark" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana, and because, as a rare, perhaps unique, example of the late adobe revival in Santa Ana, the building has a "unique architectural significance." Character -defining features of the E.M. Crawford House include, but may not be limited to: massing (1" -shaped plan); low pitched, cross -hipped roof; wide, overhanging, open eaves and exposed rafters; "Verdugo Adobe" brick; fenestration (multi -light, metal -framed casement windows); and adobe brick chimneys. D. The legal owners of the property are Camron E. and Phyllis A. Bussard. 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. 25C-242 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the 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 Landmark category pursuant to Section 30-2.2(1) 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 historical resources. Categorical Exemption No. ER-2020-66 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. 2020-06 to place the E.M. Crawford House located at 1015 West River Lane, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-05 placing the E.M. Crawford House located at 1015 West River Lane, Santa Ana, 92706 within the Landmark 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 29th day of October, 2020. Alberta Christy Chairperson 25C-243 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission mem NOES: Commission mem ABSTAIN: Commission NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 29, 2020. Date: Commission Secretary City of Santa Ana 25C-244 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-231-04 1016 West River Lane LOT 18 OF TRACT NO. 1160 Camron E. and AS PER MAP THEREOF Phyllis A. RECORDED IN BOOK 38, Bussard PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 25C-245 MILLSACT AGREEMF,NT 1015 West River Lane 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 Camron E. and Phyllis A. Bussard, husband and wife as community property with right of survivorship, (hereinafter collectively referred to as "Owner"), owners of real property located at 1015 West River Lane, 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 1015 West River Lane, 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. 2- C-246 MILLS ACT AGREEMENT 1015 West River Lane 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 November 18, 2020, 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 Govermnent 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 nomenewal, 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. 25t-247 MILLS A CT A GREEMENT 1015 West River Lane 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 't/2) percent by Government Code Section 50286) of the current fair market value of the 2dC-248 MILLS ACTAGREEMENT 1015 West River Lane Santa Ana, CA 92706 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 teens 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 1015 West River Lane, Assessor Parcel Number, 001-231-04, 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, 25'C-249 MILLS ACT AGREEMENT 1015 West River Lane Santa Ana, CA 92706 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: Camrom E. and Phyllis A. Bussard 1015 West River Lane 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. 2tC-250 MILLS ACT AGREEMENT 1015 West River Lane 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 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) 25t-251 ATTEST: DAISY GOMEZ Clerk of the Council 1 • ► C Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLS ACTAGREEMENT 1015 West River Lane Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: CAMRON E. BUSSARD By: PHYLLIS A. BUSSARD RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 26C-252 MILLS ACT AGREEMENT 1015 West River Lane Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT I8 OF TRACT NO. 1160 AS PER MAP THEREOF RECORDED IN BOOI{ 38, PAGES 37 AND 38 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 001-231-04 25'C-253 77 4o. op, tL — r. 116 N� 133 feet P—L 500'RADIUS HRC 2020-06/ HRCA 2020-05/ HPPA 2020-08 1015 WEST RIVER LANE E.M. CRAWFORD HOUSE PLANNING AND BUILDING AGENCY 25C-254 EXECUTIVE SUMMARY E.M. Crawford House 1015 West River Lane Santa Ana, CA 92706 NAME E.M. Crawford House REF. NO. ADDRESS 1015 West River Lane CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1948 LOCAL REGISTER CATEGORY: Landmark STORIC DISTRICT N/A NEIGHBORHOOD Jack Fisher Park LIFORNIA REGISTER CRITERIA FOR EVALUATION L C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1960s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The E.M. Crawford House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an early and very intact example of the Ranch style in Santa Ana and under Criterion 3 as a rare example of adobe construction in Santa Ana. Additionally, the house has been categorized as "Landmark" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana, and because, as a rare, perhaps unique, example of the late adobe revival in Santa Ana, the building has a "unique architectural significance". (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," September4, 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 loral listinn or dacinnatinn thr n inh curAiav avah iafinn 5C-255 State of California —The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Other Listings Review Code Review e 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 1015 West River Lane City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-231-04 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The E.M. Crawford House is a one-story single-family residence with an attached two -car garage constructed in a California Ranch style. An outstanding and very intact example of a Ranch House style and a rare example of adobe construction in Santa Ana, the house and garage delineate an 1"-shaped plan, which embraces a shallow rear patio and creates a generously sized rear courtyard area. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low pitched, cross -hipped roof with wide, overhanging, open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing and the exterior of the house is clad in solid "Verdugo Adobe" brick, reportedly made on site, each approximately twelve -inches wide, eighteen -inches long, and five -inches thick, with no two bricks alike. Along the front (south) elevation, the house features a full -width broad porch and a two wide double doors that open into the rear courtyard, gated by art deco inspired wrought iron gates. Entry into the residence is accessed off of the rear courtyard and features a deeply recessed wood door, and adjacent sliding patio doors providing access to the "Lanai."The front (south) elevation features two deeply recessed multi -light, metal -framed casement windows. The north, west, and east elevations, as well as along the interior courtyard, also feature deeply recessed multi -light, metal -framed casement windows. A secondary entry porch into the exterior courtyard features a simple wood door, and is clad in board -and -batten wood siding. Two prominent adobe brick chimneys located along the east and west elevation rise above the roof ridgeline and featuring a decorative chimney cap with cross with an upside down 'V" design. The rear courtyard still retains an original incinerator, also constructed of adobe bricks and during the same time as construction of the house. The house appears intact and is in good condition. *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building OStructure ❑Object ❑Site ❑District []Element of District ❑Other P5b. Photo: (view and date) South elevation, view north September 2020 *P6. Date Constructed/Age and Sources: ■historic 19481 City of Santa Ana Building Permits *P7. Owner and Address: Camron and Phyllis Bussard 1015 West River Lane Santa Ana, CA 92706 *PS. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: October 29, 2020 *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 ■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 (1 /95) 2 5 C -2 56 *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 IF: L.M. crawrora House B1. Historic Name: E.M. Crawford House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): November 1, 1948. Constructed. $20,000. October 24, 1985. Solar domestric heater. October 29, 1991. Convertbedroom to master bath 160 sq. ft. $12,000. March 18, 1994. Reroof with tear off and installation of comp shingles. $7,250. *B7. Moved? ■No OYes ❑Unknown Date: Original location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: EdgarB. Lembke *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1948 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The E.M. Crawford House is architecturally significant as a characteristic example of the California Ranch style, and as a rare example of adobe construction in the City of Santa Ana. The house was originally constructed in 1948 by Edgar B. Lembke, and was valued at approximately $20,000, according to the original building permit. The first recorded occupants were Earl M. and Bertha L. Crawford. Born in California, Earl M. Crawford was a local agriculturist and Chairman of the utilities department of the Orange County Farm Bureau, Vice President, and subsequently President, of the Olive Heights Citrus Association. Built in the early 1920's on three acres of land beside the railroad tracks on Orange -Olive Road, the Olive Heights packing house was, "one of 53 packinghouses that dotted the county from Brea to San Juan Capistrano. But as the miles of orange groves gave way to housing tracts after World War It, Valencia orange production plummeted. There were 65,000 acres dedicated to oranges in 1940 compared to less than 1,000 in 1995" (Los Angeles Times, February 7, 1997). Additional residents over the years included, J.H. Westerman Jr. (1979), Howell T. Hunt (1985), and Barbara Schmid (1990). In 2006, the property was acquired by John L. and Carolyn J. Kuykendal and in 2014 it was sold to the current owner. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: Leslie Neuman/Chattel, Inc. *Date of Evaluation: October 29, 2020 DPR 523E (This space reserved for official comments.) Sketch Map E.M. Crawford House 1015 West River Lane 1 1 14 15 16 1 ro8 Q d i 231 1 � ro zo z a re O 6 (D TROT O (D Q 1 (1195) 25C-257 *Required information State of California —The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name: E.M. Crawford House *Recorded by Pedro Gomez *Date October 29, 2020 ❑O Continuation ❑ Update *B10. Significance (continued): The E.M. Crawford House is located in Jack Fisher Park, a neighborhood northwest of downtown Santa Ana bounded by Bristol Street, Santa Clara Avenue, Memory Lane, and the Interstate 5. "The neighborhood takes its name from Jacob (Jack) Fisher. Born in Yakima, Washington, Fisher moved to Santa Ana with his parents and sister in the early twentieth century. In April 1917, upon the United States' entry into World War 1, Fisher enlisted in the US Army when he was 18 years old. Assigned to Company L, Seventh California Regiment, Fisher later advanced to the level of corporal in the 58th Infantry of Company D. During his service in World War 1, Fisher received several high-level honors for his service in France, including a Purple Heart, French Croix de Guerre with Palm, and the Medaille Militaire, France's highest military recognition. After surviving the battles of Argonne Forest and Verdun, Fisher's final battle was fought in Argonne, from which he emerged with grave injuries. In 1919, Fisher returned to the United States for a period of convalescence. During his recuperation at the military hospital in San Francisco, Fisher studied art and cartoon illustration, which he developed into a career as a cartoonist for the San Francisco Examiner and, later, Santa Ana Register upon his return to Santa Ana in 1927. A decorated veteran with awards from Italy, Belgium, Britain, France, and the United States, Fisher was instrumental in the formation of the Santa Ana Chapter of the Disabled American Veterans. After Fisher's death at the age of 30, in March 1929, the Chapter of Disabled American Veterans he helped form took his name as the Jack Fisher Post, Chapter of Disabled American Veterans. On August 23, 1933, construction was completed on a park north of Santiago Creek on North Flower Street and dedicated as the Jack Fisher Memorial Park. Prior to its residential development, Fisher Park formed Lots 5B, 8 and 9 of the Potts, Borden and Sidwell Tract, subdivided in 1881. Current -day Interstate 5 conforms to the prominent diagonal swath cut by the Southern Pacific Railroad line, which was established in Santa Ana in the late 1870s and still forms the eastern border of the Fisher Park neighborhood. With the exception of the Southern Pacific Railroad line, the area remained agricultural through much of the first half of the twentieth century, with walnut groves and orchards dotting the landscape. In November 1947, residential development arrived when a narrow strip was cleared, graded, and subdivided into 25lots offered as Tract No. 1160, "River Lane Tract." Mirroring the curve of Santiago Creek to the south, the streets displayed a curvilinear layout, with lots ranging in size from 70 to 130 feet long, 140 to 190 deep. Three years later, in August 1950, another curvilinear subdivision appeared east of Flower Street, with smaller lots, averaging 60 feet by 90 feet, arranged around a curvilinear pattern with cul-de-sacs. An outgrowth of earlier City Beautiful and Garden City models, this curvilinear layout reflected neighborhood planning preferences codified in the 1930s by the Federal Housing Administration (FHA), which regulated and financed the increase in home ownership through its mortgage lending and insurance programs. During the post -WWII housing expansion in the United States, the FHA -endorsed model for city planning, as reflected in the neighborhood of Fisher Park, "set the standards for the design of post -World War 11 subdivisions." (National Register Bulletin, Historic Residential Suburbs, p. 49). Construction quickly transformed the neighborhood from agricultural to residential. A 1947 aerial photograph taken a few months before creation of the River Lane Tract shows the area dominated by groves of trees. By 1955, nearly all the lots of both tracts had been improved with single-family residences with uniform setbacks, mostly in the Ranch House style popular in the 1950s and 1960s, in a configuration and unity of design still reflected there today (2020). The homes of the Jack Fisher Park neighborhood were built following the overwhelming success architects had in the early 1950's, when building homes using "California Ranch" architectural design and features. Homes located in our prestigious neighborhood range from 1,500- 6,000 sq. ft., with lot sizes from 6,500-25,000 sq. ft. Properties within this neighborhood boast some of the largest residential land use in any of the incorporated cities within Orange County and Southern California. Giving true meaning to the phrase, "Sprawling California Ranch" style homes. Jack Fisher Park was named after a local highly decorated World War I hero." The E.M. Crawford House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an early and very intact example of the Ranch style in Santa Ana and under Criterion 3 as a rare example of adobe construction in Santa Ana. Additionally, the house has been categorized as "Landmark" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana, and because, as a rare, perhaps unique, example of the late adobe revival in Santa Ana, the building has a "unique architectural significance." (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the E.M. Crawford House include, but may not be limited to: massing ("L" -shaped plan); low pitched, cross -hipped roof,, wide, overhanging, open eaves and exposed rafters; "Verdugo Adobe" brick; fenestration (multi - light, metal -framed casement windows); and adobe brick chimneys. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated Historv. 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 /7terigr�99j, 58 DPR 523L 2z 5 z State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # " CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: E.M. Crawford House *Recorded by Pedro Gomez -uate uctooer za, zuzu a wnuuuduvn � UPUOLU Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. Year., 1930; Census Place: Santa Ana, Orange, California; Page: 6B; Enumeration District., 0080; FHL microfilm: 2339917 DPR 523L 25C-259 MILLS ACT AGREEMENT 1015 West River Lane 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 2k-260 MILLSACTAGREEMENT 1015 West River Lane 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. 25t-261 EXHIBIT 15 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 Valerie J. Boulter, an unmarried woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 920 North Louise 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 920 North Louise Street, Santa Ana, CA, 92703 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. 26C-262 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 November 18, 2020, 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. 26C-263 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 29C-264 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 920 North Louise Street, Assessor Parcel Number, 405-262-08, 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, 26C-265 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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: Valerie J. Boulter 920 North Louise Street Santa Ana, CA 92703 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. -s- 25C-266 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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) 26C-267 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney JT4 JCKIN M. FUNK Assistant City Attorney MILLSACTAGREEMENT 920 North Louise Street Santa Ana, CA92703 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: VALERIE J. BOULTER RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 26C-268 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: THE EASTERLY 175 FEET OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT WHICH IS 325 WEST OF THE 375 FEET NORTH (PARALLEL TO THE WEST LINE OF BAKER STREET) OF THE NORTHEAST CORNER OF LOT 4 IN BLOCK "A" OF "HEDGES ADDITION TO SANTA ANA," AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING WEST 325 TO THE EAST LINE OF BRISTOL STREET, 74 FEET; THENCE EAST 325 FEET; THENCE NORTH ALONG A LINE PARALLEL TO THE WEST LINE OF BAKER STREET, 74 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE SOUTH 1.45 FEET OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 OF "TRACT NO. 839," AS SHOWN ON A MAP RECORDED IN BOOK 25, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; RUNNING THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 6, 144.25 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE SOUTH PARALLEL TO THE EAST LINE OF BRISTOL STREET, 172.23 FEET, MORE OR LESS, TO THE NORTH LINE OF HEDGES ADDITION, AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST ALONG THE NORTH LINE OF HEDGES ADDITION 144.25 FEET, MORE OR LESS, TO THE WEST LINE OF LOUISE STREET; THENCE NORTH ALONG THE WEST LINE OF LOUISE STREET 172.23 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION, IF ANY, INCLUDED IN THE PARCEL OF LAND DESCRIBED IN DEED FROM H.M. SECREST AND WIFE TO J. EARL. BROWNING AND WIFE RECORDED SEPTEMBER 24, 1937 IN BOOK 911, PAGE 153 OF OFFICIAL RECORDS. Assessor's Parcel Number: 405-262-08 29C-269 EXECUTIVE SUMMARY Clem-Koentopp House 920 North Louise Street Santa Ana, CA 92703 NAME Clem-Koentopp House REF. NO. ADDRESS 920 North Louise Street CITY Santa Ana ZIP 1 92703 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses- SUMMARY/CONCLUSION: The Clem-Koentopp House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as an early and very intact example of the Ranch House style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a "distinctive architectural style and quality" as an example of the pre -World War II Ranch House style in Santa Ana (Santa Ana Municipal Code, Section 30-22). 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. 25C-270 State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi; NRHP Status Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Clem-Koentopp 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 920 North Louise Steet City Santa Ana Zip 92703 *e. Other Locational Data: Assessor's Parcel Number 405-262-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Washington Square, this is a one-story single-family residence on a large parcel constructed in a Ranch House style. A detached garage is located a few feet behind (west of) the south end of the rear (west) elevation of the residence. Asymmetrical in design, the house exhibits a strong horizontal emphasis and features a moderately pitched cross -hipped roof design with a two front -facing hipped extensions ("wings") along the front, facing outwardly in opposite directions, and two gabled extensions along the rear (west) elevation. The roof design exhibits wide open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing while the exterior of the house is clad in a combination of brick and horizontal wood siding. Located off -center and sheltered under the main roof, the entry is characterized by brick veneer siding, ceramic the walkway, simple wood porch supports with horizontal wood slates, and decorative porch railings with a geometric design. The entry also features long multi -light, wood casement windows with floor -to -ceiling decorative shutters and a multi -light french -door, also with floor -to -ceiling decorative shutters. Along the front elevation, the southern "wing" features an extension for a window seat design that features two multi -light fixed picture windows. The northern "wing" features multiple multi -light wood casement windows, of which one is deeply recessed and prominently located along the front end of the "wing." Along the north, south, and west elevations, the building incorporates a series of wood windows, including multi -light casement windows with decorative shutters, and a wood bay window with a patina copper cover. An exterior brick chimney with a stone veneer is located along the rear (west) elevation and rises above the roof ridgeline. The property is heavily landscaped with mature palm trees, a lawn, low vegetation and single decorative walkway leading towards the front entry. *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 P5b. Photo: (view and date) East elevation, view west September 2020 *P6. Date Constructed/Age and Sources: ■historic 1936/City of Santa Ana Building Permits *P7. Owner and Address: Valerie Boulter 920 North Louise Steet Santa Ana, CA 92703 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 29, 2020 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record []Artifact Record []Photograph Record ❑ Other (list) DPR 523A(1/95) 25C-27 1 *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 #: Clem-Koentopp House 131. Historic Name: Clem-Koentopp House B2. Common Name: Same B3. Original Use: Single -Family Residence *135. Architectural Style: Ranch House B4. Present Use: Single -Family Residence *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1936. $5,000. September 10, 1971. Waterheater installation. September 24, 1974. Heating and air repair for Cecil Mahoney. April 25, 2000. Service meter upgrade. *137. Moved? ■No DYes DUnknown Date: Original *138. Related Features: Row of palm trees across front of house. B9a. Architect: Harold Carl Nordstrom b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1936 Property Type: Single -Family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Clem-Koentopp House is architecturally significant as an early and characteristic example of Ranch House style. Built in 1936, the Clem-Koentopp House was designed by H.C. Nordstrom, a local Santa Ana architect and a "Renovize Man," associated with the Santa Ana Renovize campaign of the early 1930's. Mr. Nordstrom is associated with Stanley Clem, a local Santa Ana civic leader, vice-president, and sales manager of the Santa Ana Lumber Company. Along with Mr. Nordstrom, Stanley Clem is credited with designing and patenting the "Lockcraft" framing system, which at the time was a new system of wood building construction that combined, "qualities of safety, economy, beauty, and simplicity" (Santa Ana Register July2, 1936). The first known residents of the Clem-Koentopp House were Albert P. Koentopp and his wife Mildred Koentopp. Mr. Koentopp was a doctor of chiropractic (D.C.) and doctor of chiropractic philosophy (Ph.C.) who graduated from Palmer College of Chiropractic and practiced in the historic Otis Building on 101 West Fourth Street at Martyn X-Ray Chiropractors along fellow Palmer graduate and chiropractor C.A. Martyr, D.C. Mr. and Mrs. Koentopp remained in the property until mid- 1940's when it was sold to James and Cecil A. Mahoney who remained in the house until 1987. According to city directories, the next resident was Edwin Smith (1988), who then sold it to Daniel Hopson in 2001. Robert and Diedre Moffat purchased the property in 2006 and sold it to the current property in 2017. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: Leslie Heumann/Chattel, Inc. *Date of Evaluation: October29, 2020 (This space reserved for official comments.) DPR 523B (1/95) 25C-272 *Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Pedro Gomez *B10. Significance (continued): *Date October29, 2020 0 Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Clem-Koentopp House is located in Washington Square, a neighborhood northwest of downtown Santa Ana bounded by Bristol Street, West Seventeenth Street, North Flower Street, and West Civic Center Drive. 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 IL 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 Clem-Koentopp House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as an early and very intact example of the Ranch House style in Santa Ana. Additionally, the house has been categorized as `Key" because it has a `distinctive architectural style and quality" as an example of the pre -World War 11 Ranch House style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Clem-Koentopp House that should be preserved include, but may not be limited to, materials and finishes (brick, stucco, horizontal wood siding), cross - hipped roof design, asymmetrical and horizontal fagade massing, including front -facing hipped extensions ("wings'); wide open eaves with exposed rafters, primary entry and fenestration (casement, fixed, and bay windows), and exterior brick chimney. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Hess, Alan. Ranch House. New York. Harry N. Abrams, Inc. 2004 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, 1940-1979. Talbert, Thomas B. (editor). The Historical Volume and Reference Works: Orange County, Whittier, CA: Historical Publishers, 1963. DPR 523L 25^'273 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 26C-274 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 fixture, the essential form and integrity of the structure would be unimpaired. 25C-275 REQUEST FOR - Historic Resources Commission Action_ HISTORIC RESOURCES COMMISSION MEEFING DATE: OCTOBER 29, 2020 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-10, HISTORIC REGISTER CATEGORIZATION NO. 2020-09, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-12 FOR PROPERTY LOCATED AT 920 NORTH LOUISE STREET Prepared by Pedro Gomez, AICP EXHIBIT 16 HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planning ani er RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020-10 and Historic Register Categorization No. 2020-09 (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 Valerie J. Boulter, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Valerie J. Boulter is requesting approval to designate an existing residence located at 920 North Louise 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. Proiect Location and Site Description The subject property is located on the west side of North Louise Street in the Washington Square neighborhood. The site consists of a 1,729-square-foot, Ranch House residence and detached garage on a 10,902-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 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria 25C-276 HRCA No. 2020-10, HRC No. 2020-09, HPPA No. 2020-12 October 29, 2020 Page 2 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 84 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 Clem-Koentopp House, is located within the Washington Square neighborhood boundaries and has distinctive architectural features of the Ranch House style. The residence was built in 1936 by an unknown builder. Most of the Washington Square area was owned by the family of Jacob Ross, who purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center Drive) only as far as Washington Avenue and which contained only about a dozen homes. 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. With the return of servicemen following World War II and the accompanying demand for homes in Southern California, the development of Washington Square was all but completed. Asymmetrical in design, the house exhibits a strong horizontal emphasis and features a moderately pitched cross -hipped roof design with two front -facing hipped extensions "wings" along the front, facing outwardly in opposite directions, and two gabled extensions along the rear (west) elevation. The roof design exhibits wide open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing while the exterior of the house is clad in a combination of brick and horizontal wood siding. Located off -center and sheltered under the main roof, the entry is characterized by brick veneer siding, ceramic tile walkway, simple wood porch supports with horizontal wood slates, and decorative porch railings with a geometric design. The entry also features long multi -light, wood casement windows with floor -to -ceiling decorative shutters and a multi -light French -door, also with floor -to -ceiling decorative shutters. Along the front elevation, the southern "wing" features an extension for a window seat design that feature two multi -light fixed picture windows. The northern "wing" features multiple multi -light wood casement windows, of which one is deeply recessed and prominently located along the front end of the "wing." Along the north, south, and west elevation, the building incorporates a series of wood windows, including multi -light casement windows with decorative shutters, and a wood bay window with a patina copper cover. An exterior brick chimney with a stone veneer is located along the rear (west) elevation and rises above the roof ridgeline. Character -defining features of the Clem- Koentopp House that should be preserved include, but may not be limited to, materials and finishes (brick, stucco, horizontal wood siding; cross -hipped roof design; front -facing hipped 25C-277 HRCA No. 2020-10, HRC No. 2020-09, HPPA No. 2020-12 October 29, 2020 Page 3 extensions "wings"; wide open eaves with exposed rafters; fenestration (casement, fixed, and bay windows); and exterior brick chimney. The Clem-Koentopp House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1, as an early and very intact example of the Ranch House style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a "distinctive architectural style and quality" as an example of the pre -World War II Ranch House style in Santa Ana. 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 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 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. 25C-278 HRCA No. 2020-10, HRC No. 2020-09, HPPA No. 2020-12 October 29, 2020 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/ER No. 2020-75 will be filed for this project. Ped o Go ICP Asso' late Planner PG:sb S:\Historic Resources Commission\2020\10-29-20\920 N. Louise Street -Clem-Koentopp House\Staff Report - 920 N. Louise Street Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500-Foot Radius Map 25C-279 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2020-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-10 TO PLACE THE PROPERTY LOCATED AT 920 NORTH LOUISE STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-09 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 29, 2020, 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. 2020-10) and categorization (Historic Resources Commission Categorization No. 2020-09) of the Clem-Koentopp House located at 920 North Louise Street, Santa Ana. B. The Clem-Koentopp House has distinctive architectural features of the Ranch House style and was built in 1936. C. The Clem-Koentopp House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1, as an early and very intact example of the Ranch House style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a "distinctive architectural style and quality" as an example of the pre -World War II Ranch House style in Santa Ana. Character -defining features of the Clem-Koentopp House that should be preserved include, but may not be limited to, materials and finishes (brick, stucco, horizontal wood siding; cross -hipped roof design; front -facing hipped extensions "wings"; wide open eaves with exposed rafters; fenestration (casement, fixed, and bay windows); and exterior brick chimney. D. The legal owner of the property is Valerie J. Boulter. 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 standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. 25C-280 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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 historical resources. Categorical Exemption No. ER-2020-75 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. 2020-10 to place the Clem-Koentopp House located at 920 North Louise Street, Santa Ana, 92703 on the historical register, and B. Historic Register Categorization No. 2020-09 placing the Clem-Koentopp House located at 920 North Louise Street, Santa Ana, 92703 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 29rh day of October, 2020. Alberta Christy Chairperson 25C-281 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Lisa Storck Assistant City Attorney AYES: Commission mem NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission mem CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 29, 2020. Date: Commission Secretary City of Santa Ana 25C-282 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Names 405-262-08 920 North Louise Street PARCEL 1: Valerie J. Boulter THE EASTERLY 175 FEET OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT WHICH IS 325 WEST OF THE 375 FEET NORTH (PARALLEL TO THE WEST LINE OF BAKER STREET) OF THE NORTHEAST CORNER OF LOT 4 IN BLOCK "A" OF "HEDGES ADDITION TO SANTA ANA," AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING WEST 325 TO THE EAST LINE OF BRISTOL STREET, 74 FEET; THENCE EAST 325 FEET; THENCE NORTH ALONG A LINE PARALLEL TO THE WEST LINE OF BAKER STREET, 74 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE SOUTH 1.45 FEET OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 OF "TRACT NO. 839," AS SHOWN ON A MAP RECORDED IN BOOK 25, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE 25C-283 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 COUNTY, CALIFORNIA; RUNNING THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 6, 144.25 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE SOUTH PARALLEL TO THE EAST LINE OF BRISTOL STREET, 172.23 FEET, MORE OR LESS, TO THE NORTH LINE OF HEDGES ADDITION, AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST ALONG THE NORTH LINE OF HEDGES ADDITION 144.25 FEET, MORE OR LESS, TO THE WEST LINE OF LOUISE STREET; THENCE NORTH ALONG THE WEST LINE OF LOUISE STREET 172.23 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION, IF ANY, INCLUDED IN THE PARCEL OF LAND DESCRIBED IN DEED FROM H.M. SECREST AND WIFE TO J. EARL. BROWNING AND WIFE RECORDED SEPTEMBER 24, 1937 IN BOOK 911, PAGE 153 OF OFFICIAL RECORDS. 25C-284 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 Valerie J. Boulter, an unmarried woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 920 North Louise 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 920 North Louise Street, Santa Ana, CA, 92703 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. 25C-285 MILLSACTAGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 November 18, 2020, 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 nomenewal 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. 25C-286 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 26C-287 MILLS ACTAGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 snail, 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 920 North Louise Street, Assessor Parcel Number, 405-262-08, 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, 2 ^-288 MILLSACTAGREEMENT 920 North Louise Street Santa Ana, CA 92703 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: Valerie J. Boulter 920 North Louise Street Santa Ana, CA 92703 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. 25C-289 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 followsl 2SC-290 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLS ACTAGREEMENT 920 North Louise Street Santa Ana, CA 92703 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: VALERIE J. BOULTER RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 2SC-291 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELI: THE EASTERLY 175 FEET OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT A POINT WHICH IS 325 WEST OF THE 375 FEET NORTH (PARALLEL TO THE WEST LINE OF BAKER STREET) OF THE NORTHEAST CORNER OF LOT 4 IN BLOCK "A" OF "HEDGES ADDITION TO SANTA ANA," AS SHOWN ON A MAP RECORDED IN BOOK 31, PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE FROM SAID POINT OF BEGINNING WEST 325 TO THE EAST LINE OF BRISTOL STREET, 74 FEET; THENCE EAST 325 FEET; THENCE NORTH ALONG A LINE PARALLEL TO THE WEST LINE OF BAKER STREET, 74 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE SOUTH 1.45 FEET OF THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE SOUTHEAST CORNER OF LOT 6 OF "TRACT NO. 839," AS SHOWN ON A MAP RECORDED IN BOOK 25, PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; RUNNING THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 6, 144.25 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE SOUTH PARALLEL TO THE EAST LINE OF BRISTOL STREET, 172.23 FEET, MORE OR LESS, TO THE NORTH LINE OF HEDGES ADDITION, AS SHOWN ON A MAP RECORDED IN BOOI{ 31, PAGE 48 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST ALONG THE NORTH LINE OF HEDGES ADDITION 144.25 FEET, MORE OR LESS, TO THE WEST LINE OF LOUISE STREET; THENCE NORTH ALONG THE WEST LINE OF LOUISE STREET 172.23 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION, IF ANY, INCLUDED IN THE PARCEL OF LAND DESCRIBED IN DEED FROM H.M. SECREST AND WIFE TO J. EARL. BROWNING AND WIFE RECORDED SEPTEMBER 24, 1937 IN BOOI{ 911, PAGE 153 OF OFFICIAL RECORDS. Assessor's Parcel Number: 405-262-08 26C-292 500' RADIUS HRC 2020-09 HRCA 2020-10/ HPPA 2020-12 920 NORTH LOUISE STREET CLEM-KOENTOPP HOUSE PLANNING AND BUILDING AGENCY 25C-293 EXECUTIVE SUMMARY Clem-Koentopp House 920 North Louise Street Santa Ana, CA 92703 NAME Clem-Koentopp House REF. NO. ADDRESS 920 North Louise Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT NIA NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Clem-Koentopp House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as an early and very intact example of the Ranch House style in Santa Ana. Additionally, the house has been categorized as "Key" because it has a "distinctive architectural style and quality" as an example of the pre -World War II Ranch House 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. 25C-294 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) Clem-Koentoop 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 920 North Louise Steel City Santa Ana Zip 92703 *e. Other Locational Data: Assessor's Parcel Number 405-262-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Washington Square, this is a one-story single-family residence on a large parcel constructed in a Ranch House style. A detached garage is located a few feet behind (west ot) the south end of the rear (west) elevation of the residence. Asymmetrical in design, the house exhibits a strong horizontal emphasis and features a moderately pitched cross -hipped roof design with a two front -facing hipped extensions "wings" along the front, facing outwardly in opposite directions, and two gabled extensions along the rear (west) elevation. The roof design exhibits wide open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing while the exterior of the house is clad in a combination of brick and horizontal wood siding. Located off -center and sheltered under the main roof, the entry is characterized by brick veneer siding, ceramic tile walkway, simple wood porch supports with horizontal wood slates, and decorative porch railings with a geometric design. The entry also features long multi -light, wood casement windows with floor -to -ceiling decorative shutters and a multi -light french -door, also with floor -to -ceiling decorative shutters. Along the front elevation, the southern "wing" features an extension for a window seat design that feature two multi -light fixed picture windows. The northern "wing" features multiple multi -light wood casement windows, of which one is deeply recessed and prominently located along the front end of the "wing."Along the north, south, and west elevation, the building incorporates a series of wood windows, including multi -light casement windows with decorative shutters, and a wood bay window with a patina copper cover. An exterior brick chimney with a stone veneer is located along the rear (west) elevation and rises above the roof ridgeline. The property is heavily landscaped with mature palm trees, a lawn, low vegetation and single decorative walkway leading towards the front entry. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object OSite ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west September 2020 *P6. Date Constructed/Age and Sources: ■historic 19361 City of Santa Ana Building Permits *137. Owner and Address: Valerie Boulter 920 North Louise Steel Santa Ana, CA 92703 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 22, 2020 *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 ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ❑District Record []Linear Feature Record ❑Milling Station Record ❑Rock Art Record OArtifactRecord ❑Photograph Record ❑ Other (Ii25C_295 DPR 523A (1/95) *Required information State of California —The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S3 Kesource name or s: r,rem-noenrupp mouse 61. Historic Name: Clem-Koentopp House B2. Common Name: Same B3. Original Use: Single -Family Residence *135. Architectural Style: Ranch House B4. Present Use: Single -Family Residence *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1936. $5,000. September 10, 1971. Waterheater installation. September 24, 1974. Heating and air repair for Cecil Mahoney. April 25, 2000. Service meter upgrade. *137. Moved? ■No OYes ❑Unknown Date: Original location: *138. Related Features: None. B9a. Architect: Harold Carl Nordstrom b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1936 Property Type: Single -Family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Clem-Koentopp House is architecturally significant as an early and characteristic example of Ranch House style. Built in 1936, the Clem-Koentopp House was designed by H.C. Nordstrom, a local Santa Ana architect and a "Renovize Man," associated with the Santa Ana Renovize campaign of the early 1930's. Mr. Nordstrom is associated with Stanley Clem, a local Santa Ana civic leader, vice-president, and sales manager of the Santa Ana Lumber Company. Along with Mr. Nordstrom, Stanley Clem is credited with designing and patenting the "Lockcraft" framing system, which at the time was a new system of wood building construction that combined, qualities of safety, economy, beauty, and simplicity" (Santa Ana Register, July 2, 1936). The first known residents of the Clem-Koentopp House were Albert P. Koentopp and his wife Mildred Koentopp. Mr. Koentopp was a doctor of chiropractic (D.C.) and doctor of chiropractic philosophy (Ph.C.) who graduated from Palmer College of Chiropractic and practiced in the historic Otis Building on 101 West Fourth Street at Marlyn X-Ray Chiropractors along fellow Palmer graduate and chiropractor C.A. Marlyn, D.C. Mr. and Mrs. Koentopp remained in the property until mid- 1940's when it was sold to James and Cecil A. Mahoney who remained in the house until 1987. According to city directories, the next resident was Edwin Smith (1988), who then sold it to Daniel Hopson in 2001. Robert and Diedre Moffat purchased the property in 2006 and sold it to the current property in 2017. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel, Inc. *Date of Evaluation: October 29, 2020 (This space reserved for official comments.) Sketch Map Clem-Koentopp House 920 North Louise Street sr w ssn• no• sn O O as 7-17 0 t0 9O I su• I � i : b bb aO* 3 3 2s s a a ®a 22 1 25 a u• rr ss• a DPR 523B (1/95) 25C-296 'Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Clem-Koentopp House *Recorded by Pedro Gomez *Date October 29, 2020 ❑x 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 Clem-Koentopp House is located in Washington Square, a neighborhood northwest of downtown Santa Ana bounded by Bristol Street, West Seventeenth Street, North Flower Street, and West Civic Center Drive. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1668 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross -McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes (Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Clem-Koentopp House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as an early and very intact example of the Ranch House style in Santa Ana. Additionally, the house has been categorized as "Key' because it has a "distinctive architectural style and quality' as an example of the pre -World War It Ranch House style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Clem-Koentopp House that should be preserved include, but may not be limited to, materials and finishes (brick, stucco, horizontal wood siding; cross - hipped roof design; front -facing hipped extensions "wings'; wide open eaves with exposed rafters; fenestration (casement, fixed, and bay windows); and exterior brick chimney. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WIN Norton, 1998. Hess, Alan. Ranch House. New York., Harry N. Abrams, Inc. 2004 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. Alison Honer Dies at 84," The Santa Ana Journal September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. History of Floral Park." htto://www.f/oral-park.com/paoe2.html. Santa Ana and Orange County Directories, 1940-1979. Talbert, Thomas B. (editor). The Historical Volume and Reference Works: Orange County. Whittier, CA: Historical Publishers, 1963. DPR 523L 25C-297 MILLS ACT AGREEMENT 920 North Louise Street Santa Ana, CA 92703 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 23C-298 MILLSACTAGREEMENT 920 North Louise Street Santa Ana, CA 92703 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. 25C-299 From: bobi keenan To: eComment Subject: To: Planning Commission/Historic Resources Commission re: 920 N. Louise Street Date: Tuesday, October 20, 2020 7:44:06 PM Hello, Regarding the request by Valerie Boulter, owner of the home at 920 N. Louise Street, to have her home (historically known as the Clem-Koentopp House) categorized as a Historical Property and placed in the Santa Ana Register of Historic Properties, I ask that you consider my opinion when this application comes before you. I purchased my home at 919 N. Louise Street in 1992 and I really love it, for so many reasons. One of them is that every time I look across the street, or come and go from my house, I see the house at 920 N. Louise. If I were wealthy, rather than just rich (in experiences and blessings), I could have bought that house when it came up for sale several years ago. It is my dream house, inside and out. It is architecturally unique and the inside has been meticulously designed for living at its best. It was true when it was built in the late 1930's and is still as true today. In the time I have been here, Ms. Boulter is the third owner. The prior owners appreciated their home, inside and out and they were pretty careful to maintain it in good condition, but some things kind of slid by. Since Ms. Boulter purchased it, she has been relentless and pro -active in not only maintaining the house but in preserving its unique character. She has added to its beauty with landscaping that is very well planned and maintained. She has invested a great deal of money to restore the things that needed attention and to conserve the original look, feel and substance of the property. She has made a strong commitment, not only to the home she purchased but to the community she has so heavily invested in. She wasted no time in getting involved in our Washington Square Neighborhood Association. She is an unimaginably good neighbor and has invested substantial personal resources, money and sweat -equity, to make this home the showplace it was always meant to be. I feel adamant that the homes in Santa Ana that have a historical character and historical significance are among our greatest assets. It is in all our interests to preserve them and to support their owners in efforts to do so. These houses are actually ambassadors for our City, that stand to say, "This is a beautiful and good place to live; Come join us". This is a poster - child home for that concept. In the few short years she has lived here, she has done a great deal for this house, for her neighbors, for our Washington Square Neighborhood. She is not only invested in the property, but she has generously become personally invested in Washington Square and the City of Santa Ana. She has done so much, I think it is unfortunate that the house can never be officially known as the "Boulter House". 25C-300 The approval of her request would benefit Ms. Boulter, us her neighbors because it enhances our property values, as well as the City of Santa Ana. I am entirely confident that any money she may save on taxes will be directed toward the preservation and improvement of this beautiful house ... a Win/Win for all of us. I enthusiastically encourage you to approve her application. Very sincerely, bobi keenan 919 N. Louise Street Santa Ana, CA 714-206-2530 25C-301 EXHIBIT 17 MILLS ACT AGREEMENT 1805 North Louise 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 Timothy James Barker and Jeanice Shelby Barker, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 1805 North Louise 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 1805 North Louise 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. 26C-302 MILLS ACT AGREEMENT 1805 North Louise 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 November 18, 2020, 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. 26C-303 MILLS ACT AGREEMENT 1805 North Louise 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 29C-304 MILLS ACT AGREEMENT 1805 North Louise Street Santa Ana, CA 92706 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 1805 North Louise Street, Assessor Parcel Number, 399-081-12, 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 26C-305 MILLS ACT AGREEMENT 1805 North Louise Street Santa Ana, CA 92706 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. 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: Timothy J. and Jeanice S. Barker 1805 North Louise 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. -s- 25C-306 MILLS ACT AGREEMENT 1805 North Louise 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 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) 26C-307 ATTEST: MILLSACT AGREEMENT 1805 North Louise Street Santa Ana, CA92706 CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: By: TIMOTHY J. BARKER Date: By: JEANICE S. BARKER APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: 4k47V'. -f.4,- JOfK M. FUNK Assistant City Attorney MINH THAI Executive Director Planning and Building Agency 26C-308 MILLS ACT AGREEMENT 1805 North Louise Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF TRACT 1739, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGES 42 AND 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHERLY 2 FEET. Assessor's Parcel Number: 399-081-12 29C-309 EXECUTIVE SUMMARY Young -Keeler House 1805 North Louise Street Santa Ana, CA 92706 NAME Young -Keeler House REF. NO. ADDRESS 1805 North Louise Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1954 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses- SUMMARY/CONCLUSION: The Young -Keeler House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style. It is also notable for its association with the prominent Santa Ana builder and developer team, Roy Russell and Son. Additionally, the house has been categorized as "Contributive" because it "has a distinctive architectural style and quality' representing the Ranch House style in Santa Ana (Santa Ana Municipal Code, Section 30-22). 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. 25C-310 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary HRI # NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Young -Keeler 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 1805 North Louise Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 399-081-12 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, this is a one-story, single-family residence on a modestly sized parcel, sited with a typical setback and constructed in a Ranch House style. A detached garage is located a few feet behind (east of) the north end of the rear (east) elevation of the residence. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a long roof ridge running parallel to the front fagade, and features a moderately pitched side -gabled roof design with a single hipped extension along the front, and two front -facing gable extensions at the rear (east) elevation. The roof design exhibits wide open eaves with exposed rafters along the front (west) and rear (east) elevation and features side -gabled ends with decorative pointed eave extensions along the side (north and south) elevation. The exterior of the house is clad in a combination of brick, smooth stucco, horizontal wood board lapped siding, and board -and -batten siding. Located off -center and sheltered under the main roof, the entry porch is characterized by board -and -batten siding, a brick veneer base, and simple wood porch supports with triangular braces to each side. The entry features a wood door with a large window pane with crisscross pattern design, as well as wood casement windows with multiple lights. The front (west) elevation, south of the entry, is characterized by the gabled extension that features a large tripartite picture window, with the crisscross pattern design and a large central pane, as well as additional wood casement windows with multiple lights, some flanked by shutters. Along the north, south, and east elevations, the building incorporates a series of wood windows, including six -over -six and horizontal pane sashes, and a tripartite with a multiple -light central pane and horizontal edge panes. An exterior brick chimney located along the rear (east) elevation rises above the roof ridgeline. The property is landscaped with a lawn, low vegetation and single concrete walkway leading towards the front entry. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure []Object []Site []District ❑Element of District ❑Other P5b. Photo: (view and date) West elevation, view east September 2020 *P6. Date Constructed/Age and Sources: ■historic 19541 City of Santa Ana Building Permits *P7. Owner and Address: Tim and Jeanice Barker 1805 North Louise 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 29, 2020 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record []Milling Station Record []Artifact Record []Photograph Record ❑ Other (liyf;�C_�1 1 DPR 523A (1/95) L ❑Rock Art Record *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#: Young -Keeler House 131. Historic Name: Young -Keeler House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): April 2, 1954. Constructed. $14,000. May 29, 1964. Private swimming pool for Robert Elgie by Anthony Pools. $2,400. June 6, 1968. Water heater. August 17, 1970. Extend existing fence by R.E. Elgie. $428. *137. Moved? ■No DYes DUnknown Date: Original *138. Related Features: None. B9a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1954 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Young -Keeler House is architecturally significant as an intact and characteristic example of the Ranch House style. This house was originally constructed in 1954, by the prominent firm of Roy Russell and Son. Roy Roscoe Russell, the senior partner who had developed the groves of Floral Park in the 1920s, had been joined by his son, Roy Rodney Russell in 1937, and their partnership was formalized in 1945. The first residents of the property were Claude E. and Hazel Young, who purchased the property soon after construction was complete. Mr. and Mrs. Young resided in the property until 1962 when it was sold to Marshall and Josephine Keeler. Mr. Keeler was a 'public-spirited and progressive citizen" of Santa Ana, worked as a salesman for Smart and Final wholesale grocery company, was the Vice President of the City Board of Education, Director of Crippled Children's Relief Association of Orange County, director of Community Chest of Santa Ana and Tustin, and a member of the Santa Ana Rotary club, and held office of secretary of the Santa Ana Masonic Temple Association (Santa Ana Register October 18, 1926).The property was sold to Robert E. and Maxine E. Elgie in 1964. Mr. Elgie was a SSGT in the US Army Air Forces, and both Mr. and Mrs. Elgie are currently buried in the Riverside National Cemetery. Mr. and Mrs. Elgie resided on the property until 1973. No occupancy information is provided in City directories between 1973- 1997. In 1998, Clifton R. Cole acquired the property. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: Leslie Heumann/ChattelInc. *Date of Evaluation: October29, 2020 (This space reserved for official comments.) Sketch Map Young -Keeler House 1805 North Louise Street ay f TRAC I 6 } t n TRACT. IS � 19 p 13 i IE II e ® i KtlSTREET .a } a ,� DPR 523B (1/95) 25C-312 *Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Pedro Gomez *B10. Significance (continued): *Date October29, 20200 Continuation ❑ Update Since the second half of the twentieth century, the neighborhood in which the Young -Keeler House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Young -Keeler House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style. It is also notable for its association with the prominent Santa Ana builder and developer team of Roy Russell and Son. Additionally, the house has been categorized as "Contributive" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Young -Keeler House include, but may not be limited to: materials and finishes (brick, stucco, horizontal wood board lapped siding, and board -and -batten siding), moderately pitched side -gabled roof design, wide open eaves with exposed rafters, decorative pointed eave extensions; wood porch supports with triangular braces, and fenestration (diamond- and multi -pane hung, tripartite, and casement windows where extant), and architectural detailing (shutters). *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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. corn (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. Whiffen, 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 DPR 523L 25^-313 MILLS ACT AGREEMENT 1805 North Louise 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 26C-314 MILLS ACT AGREEMENT 1805 North Louise 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 fixture, the essential form and integrity of the structure would be unimpaired. 25C-315 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-11, HISTORIC REGISTER CATEGORIZATION NO. 2020-10, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-13 FOR PROPERTY LOCATED AT 1805 NORTH LOUISE STREET Prepared by Pedro Gomez, AICP EXHIBIT 18 HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Plan Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020-11 and Historic Register Categorization No. 2020-10 (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 Timothy J. and Jeanice S. Barker, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Timothy J. and Jeanice S. Barker are requesting approval to designate an existing residence located at 1805 North Louise 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 Louise Street in the West Floral Park neighborhood. The site consists of a 1,738-square-foot, Ranch House residence and detached garage on a 7,475-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 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria 25C-316 HRCA No. 2020-11, HRC No. 2020-10, HPPA No. 2020-13 October 29, 2020 Page 2 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 66 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 Young -Keeler House, is located within the West Floral Park neighborhood boundaries and has distinctive architectural features of the Ranch House style. The residence was built in 1954 by local prominent builder Roy Roscoe Russell. In the late 1920s and 1930s, Russell continued to develop the groves of West Floral Park. In the early post World War II years, West Floral Park continued its development as numerous, smaller, single- family houses were built. Another developer and builder credited with development of parts of West Floral Park was Allison Honer, credited as the subdivider and builder of a major portion of northwest Santa Ana. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a long roof ridge running parallel to the front fagade, and features a moderately pitched side - gabled roof design with a single hipped extension along the front, and two front -facing gable extensions at the rear (east) elevation. The roof design exhibits wide open eaves with exposed rafters along the front (west) and rear (east) elevations and features side -gabled ends with decorative pointed eave extensions along the side (north and south) elevation. The exterior of the house is clad in a combination of brick, smooth stucco, horizontal wood board lapped siding, and board -and -batten siding. Located off -center and sheltered under the main roof, the entry is characterized by board -and -batten siding, a brick veneer base, and simple wood porch supports with triangular braces to each side. The entry features a wood door with a large window pane with crisscross pattern design, as well as wood casement windows with multiple lights. The front (west) elevation, south of the entry, is characterized by the gabled extension that features a large tripartite picture window, with the crisscross pattern design and a large central pane, as well as additional wood casement windows with multiple lights. Along the north, south, and east elevation, the building incorporates a series of wood windows, including six -over -six and horizontal pane sashes, and a tripartite with a multiple light central pane and horizontal edge panes. An exterior brick chimney located along the rear (east) elevation rises above the roof ridgeline. Character -defining features of the Young -Keeler House include, but may not be limited to: materials and finishes (brick, stucco, horizontal wood board lapped siding, and board -and - batten siding); moderately pitched side -gabled roof design; wide open eaves with exposed rafters; decorative pointed eave extensions; wood porch supports with triangular braces; and 25C-317 HRCA No. 2020-11, HRC No. 2020-10, HPPA No. 2020-13 October 29, 2020 Page 3 fenestration (multi -pane hung, tripartite, and casement windows where extant); and architectural detailing (crisscross pattern design). The Young -Keeler House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 for embodiment of the distinguishing characteristics of the Ranch House style. It is also notable for its association with prominent Santa Ana builder and developer, Roy Russell. Additionally, the house has been categorized as "Contributive" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana. 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 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 West 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. 25C-318 HRCA No. 2020-11, HRC No. 2020-10, HPPA No. 2020-13 October 29, 2020 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/ER No. 2020-74 will be filed for this project. Pedro omez, IC Associa a Planner PG:sb SAHistoric Resources Commission\2020\10-29-20\1805 N Louise Street- Young -Keeler House\ Staff Report- 1805 N. Louise Street Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500-Foot Radius Map 25C-319 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2020-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-11 TO PLACE THE PROPERTY LOCATED AT 1805 NORTH LOUISE STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-10 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 29, 2020, 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. 2020-11) and categorization (Historic Resources Commission Categorization No. 2020-10) of the Young -Keeler House located at 1805 North Louise Street, Santa Ana. B. The Young -Keeler House has distinctive architectural features of the Ranch House style and was built in 1954. C. The Young -Keeler House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 for embodiment of the distinguishing characteristics of the Ranch House style. It is also notable for its association with prominent Santa Ana builder and developer, Roy Russell. Additionally, the house has been categorized as "Contributive" because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana. Character -defining features of the Young -Keeler House include, but may not be limited to: materials and finishes (brick, stucco, horizontal wood board lapped siding, and board - and -batten siding); moderately pitched side -gabled roof design; wide open eaves with exposed rafters; decorative pointed eave extensions; wood porch supports with triangular braces; and fenestration (multi -pane hung, tripartite, and casement windows where extant); and architectural detailing (crisscross pattern design). D. The legal owners of the property are Timothy J. and Jeanice S. Barker. 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. 25C-320 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the 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 historical resources. Categorical Exemption No. ER-2020-74 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. 2020-11 to place the Young -Keeler House located at 1805 North Louise Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-10 placing the Young -Keeler House located at 1805 North Louise 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 291h day of October, 2020. Alberta Christy Chairperson 25C-321 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES: Commission NOES: Commission members ABSTAIN: Commission NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 29, 2020. Date: Commission Secretary City of Santa Ana 25C-322 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Names 399-081-12 1805 North Louise Street LOT 1 OF TRACT 1739, IN Timothy J. and THE CITY OF SANTA ANA, Jeanice S. COUNTY OF ORANGE, Barker STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGES 42 AND 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHERLY 2 FEET. 25C-323 MILLS ACT AGREEMENT 1805 North Louise 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 Timothy James Barker and Jeanice Shelby Barker, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 1805 North Louise 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 1805 North Louise 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. 2SC-324 MILLS ACT AGREEMENT 1805 North Lonise 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 November 18, 2020, 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. 25C-325 MILLSACTAGREEMENT 1805 North Louise 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 2SC-326 MILLS ACT AGREEMENT 1805 North Louise Street Santa Ana, CA 92706 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 1805 North Louise Street, Assessor Parcel Number, 399-081-12, 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 25e-327 MILLS ACT AGREEMENT 1805 North Louise Street Santa Ana, CA 92706 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: Timothy J. and Jeanice S. Barker 1805 North Louise 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. 2SC-328 MILLS ACT AGREEMENT 1805 North Louise 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 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 detennine 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 Cotmty 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) 25C-329 ATTEST: DAISY GOMEZ Clerk of the Council I,_]ti%\ID Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney BY: LISA STORCK Assistant City Attorney MILLS ACT AGREEMENT 1805 North Louise Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: TIMOTHY BARKER By: JEANICE S. BARKER RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 23C-330 MILLS ACT AGREEMENT 1805 North Louise Strcet Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF TRACT 1739, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGES 42 AND 43 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHERLY 2 FEET. Assessor's Parcel Number: 399-081-12 25 C-331 t F �' � lip •_- I f .Yii[)r ■ {1 ,�''Y9b� Ci II am + oly t A l pf E7 {� I< � ` Y s aid YIN ry g. 500' RADIUS HRC 2020-10/ HRCA 2020-11/ HPPA 2020-13 1805 NORTH LOUISE STREET YOUNG-KEELER HOUSE PLANNING AND BUILDING AGENCY 25C-332 EXECUTIVE SUMMARY Young -Keeler House 1805 North Louise Street Santa Ana, CA 92706 NAME Young -Keeler House REF. NO. ADDRESS 1805 North Louise Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1954 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARYICONCLUSION: The Young -Keeler House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style. It is also notable for its association with prominent Santa Ana builder and developer, Roy Russell. Additionally, the house has been categorized as "Contributive" because it "has a distinctive architectural style and quality" representing the Ranch House 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: 1t 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. 25C-333 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 e name(s) or number (assigned by recorder) Young -Keeler 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 1805 North Louise Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 399-081-12 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, this is a one-story single-family residence on a modest sized parcel, sited with a modest setback and constructed in a Ranch House style. A detached garage is located a few feet behind (east do the north end of the rear (east) elevation of the residence. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a long roof ridge running parallel to the front fagade, and features a moderately pitched side -gabled roof design with a single hipped extension along the front, and two front -facing gable extensions at the rear (east) elevation. The roof design exhibits wide open eaves with exposed rafters along the front (west) and rear (east) elevation and features side -gabled ends with decorative pointed eave extensions along the side (north and south) elevation. The exterior of the house is clad in a combination of brick, smooth stucco, horizontal wood board lapped siding, and board -and -batten siding. Located off -center and sheltered under the main roof, the entry is characterized by board -and -batten siding, a brick veneer base, and simple wood porch supports with triangular braces to each side. The entry features a wood door with a large windowpane with crisscross pattern design, as well as wood casement windows with multiple lights. The front (west) elevation, south of the entry, is characterized by the gabled extension that features a large tripartite picture window, with the crisscross pattern design and a large central pane, as well as additional wood casement windows with multiple lights. Along the north, south, and east elevation, the building incorporates a series of wood windows, including six -over -six and horizontal pane sashes, and a tripartite with a multiple light central pane and horizontal edge panes. An exterior brick chimney located along the rear (east) elevation rises above the roof ridge/ine. The property is landscaped with a lawn, low vegetation and signie concerete walkway leading towards the front entry. *133b. 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) West elevation, view east September2020 *P6. Date Constructed/Age and Sources: ■historic 19541 City of Santa Ana Building Permits W. Owner and Address: Tim and Jeanice Barker 1805 North Louise Street Santa Ana, CA 92706 *P6. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 29, 2020 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record OArtifact Record ❑Photograph Record ❑ Other (I DPR 523A (1195) z��334 C ❑Rock Art Record *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 -t<esourcemameorrf: Young-neerernuusu B1. Historic Name: Young -Keeler House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): April 2, 1954. Constructed. $14,000. May 29, 1964, Private swimming pool for Robert Elgie by Anthony Pools. $2,400. June 6, 1968. Water heater. August 17, 1970. Extend existing fence by R.E. Elgie. $428. *B7. Moved? ■No ®Yes ❑Unknown Date: Original location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Roy Russell *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1954 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Young -Keeler House is architecturally significant as a characteristic example of the Neoclassical style. This house was originally constructed in 1954, by prominent builder Roy Roscoe Russell. In the late 1920s and 1930s, Roy Russell continued developing the groves of Floral Park, including an early 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The first residents of the property were Claude E. and Hazel Young who purchased the property soon after construction was complete. Mr. and Mrs. Young resided in the property until 1962 when it was sold to Marshall and Josephine Keeler, Mr. Keeler was a 'public-spirited and progressive citizen" of Santa Ana, worked as a salesman for Smart and Final wholesale grocery company, was the Vice President of the City Board of Education, Director of Crippled Children's Relief Association of Orange County, director of Community Chest of Santa Ana and Tustin, and a member of the Santa Ana Rotary club, and held office of secretary of the Santa Ana Masonic Temple Association (Santa Ana Register, October 18, 1926).The property was sold to Robert E. and Maxine E. Elgie in 1964. Mr. Elgie was a SSGT in the US Army Air Forces and both Mr. and Mrs. Elgie are currently buried in the Riverside National Cemetery. Mr, and Mrs. Elgie resided on the property until 1973. No occupancy information is provided in City directories between 1973-1997. In 1998, Clifton R. Cole acquired the property. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel inc. *Date of Evaluation: October 29, 2020 (This space reserved for official comments.) Sketch Map Young -Keeler House 1805 North Louise Street 6F r 1 p. ° O081 6& U» rRacr^5 feAGT A m 8 w� m t ie v n* a x Qa y s aSTREfr +R DPR 523B (1195) 25C-335 *Required Information State of California— The Resources Agency Primary # DEPARTMENT OF, PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Young -Keeler House *Recorded by Pedro Gomez *Date October 29, 2020 ❑k Continuation ❑ Update *B10. Significance (continued): The Young -Keeler House is located in West Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Bristol Street, North Flower Street, and West Riviera Drive. In 1910, father and son John B. and Merle Ramsey, who had come to Santa Ana in 1902 and subsequently set up business as plaster contractors, purchased fifteen acres of the ranch from a Mr. Talcott. By that time, the adobe had been replaced by the present house, estimated to have been built circa 1895 (Cultural Heritage Inventory, 1983). A barn with an attached bunkhouse was located west of the house (approximately where Westwood Avenue runs today). The Ramsey's began tending the orange and walnut trees already on half of the acreage, and planted additional walnut trees and apricot trees on the vacant land. They also developed the "Ramsey Apple" by grafting cuttings from their home in Ohio onto California rootstock. At the time of the Ramsey's purchase, the ranch, although located within the city limits of Santa Ana, was `far out in the country," reached via dirt roads, with no nearby neighbors. The location of the property was understood to be the vicinity of Baker and Seventeenth. In 1921, father and son divided the property, with the father keeping the rear portion for farming and son taking the front in order to take advantage of the expanding residential area of Santa Ana by building houses. City directories in the 1930s list the address of John Ramsey as 1901 North Baker Street and of Merle Ramsey as 1101 West Seventeenth Street. Westwood Avenue north of Seventeenth, however, was not developed until the post -World War ll period, and the first building permit with the current address was recorded in 1948. Merle Ramsey recalled his life on the A. T. Bates ranch in This Was Mission County: Reflections in Orange of Merle and Mabel Ramsey, published in 1973, and noted that the house remained exactly where it had been, only surrounded by streets and houses. Ramsey also recalled unearthing several Native American artifacts on the property, most notably two stone pots discovered when they installed an irrigation system. Since the second half of the twentieth century, the neighborhood in which the A. T. Bates Ranch House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed during the 1950s, and the California Ranch. The Young -Keeler House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style. It is also notable for its association with prominent Santa Ana builder and developer, Roy Russell. Additionally, the house has been categorized as "Contributive"because it "has a distinctive architectural style and quality" representing the Ranch House style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Young -Keeler House include, but may not be limited to: materials and finishes (brick, stucco, horizontal wood board lapped siding, and board -and -batten siding); moderately pitched side -gabled roof design; wide open eaves with exposed rafters; decorative pointed eave extensions; wood porch supports with triangular braces; and fenestration (multi -pane hung, tripartite, and casement windows where extant); and architectural detailing (crisscross pattern design). *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, KW 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. Whiffen, 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: 68; Enumeration District: 0080; FHL microfilm: 2339917 DPR 523L 2 rJ C -336 MILLSACTAGREEMENT 1805 North Louise 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 2SC-337 MILLS ACT AGREEMENT 1809 North Louise 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. 25C-338 EXHIBIT 19 MILLS ACT AGREEMENT 2606 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 Elliot Cossaboom and Carol Yvette Cossaboom, Spouses as Joint Tenants, (hereinafter collectively referred to as "Owner"), owners of real property located at 2606 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 2606 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. 26C-339 MILLS ACT AGREEMENT 2606 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 November 18, 2020, 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. 26C-340 MILLS ACT AGREEMENT 2606 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 umepaired 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 2SC-341 MILLS ACT AGREEMENT 2606 North Flower Street Santa Ana, CA 92706 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 2606 North Flower Street, Assessor Parcel Number, 001-244-25, 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 2dC-342 MILLS ACT AGREEMENT 2606 North Flower Street Santa Ana, CA 92706 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. 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: Elliot Cossaboom and Carol Yvette Cossaboom 2606 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with 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. 25C-343 MILLS ACT AGREEMENT 2606 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 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} 26C-344 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: 7g'. -f.L JOH NI. FUNK Assistant City Attorney MILLSACTAGREEMENT 2606 North Flower Street Santa Ana, CA92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ELLIOT COSSABOOM By: CAROL YVETTE COSSABOOM RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 26C-345 MILLS ACT AGREEMENT 2606 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION the real property in the City of Santa Ana, County of Orange, State of California, described as: THAT PORTION OF THE NORTH 50.00 FEET OF THE SOUTH 100.00 FEET, MEASURED ALONG THE EAST LINE, OF LOT 10 OF THE POTTS, BORDEN AND SIDWELL TRACT, AS PER MAP RECORDED IN BOOK 4 PAGE 624, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, LYING EAST OF TRACT NO. 1824, AS PER MAP RECORDED IN BOOK 53 PAGES 10 AND 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 35.00 FEET THEREOF. ALSO EXCEPT THE EAST 40.00 FEET THEREOF Assessor's Parcel Number: 001-244-25 26C-346 EXECUTIVE SUMMARY M. W. PETERSON HOUSE 2606 North Flower Street Santa Ana, CA 92706 NAME M. W. Peterson House REF. NO. ADDRESS 2606 North Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Morrison/Eldridge Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5SI Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the 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 M. W. Peterson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the 1920s Colonial Revivalstyle. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Morrison/Eldridge Park neighborhood and, as an intact and characteristic example of a 1920s Colonial Revival style home, "is a good example of period architecture" (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. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. 25C-347 -The Resources DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Other Listings Review Code Reviewer Date urce name(s) or P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 2606 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 001-244-25 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Simplicity and near symmetry identify the Colonial Revival inspiration for this one-story cottage. Side -gabled, the roof has shallow eaves. Narrow clapboard sheathes the residence. Louver vents pierce the gable ends. The focal point of the design is the central entry, announced by a front -gabled hood supported on decoratively carved brackets. A twelve -light fixed sash window south of the entry may have been a replacement, its bracketed ledge at the sill level and a scalloped surround are more typical of later decades. North of the entry, a pair of double -hung sash windows display a Craftsman influence in the arrangement of muntins in the upper sashes. Slightly extended lintels also suggest the Craftsman style. A one-story, front - gabled and clapboard garage is located in the rear of the property. Attractively landscaped and bordered by a non -original but compatible white picket fence, the property is substantially unaltered. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation November2006 *P6. Date Constructed/Age and Sources: ■historic 1927/City of Santa Ana Building Permits *P7. Owner and Address: Rory G. Tompoles 2606 N. Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: December 1, 2006 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: DNone ❑Location Map ❑Sketch Map EContinuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record DLinear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record 0Photograph Record 0 Other (list) DPR 523A (1/95) 2 5 C -34 Q *Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: M. W Peterson House B1. Historic Name: M. W Peterson House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1927 February 23, 1927. Residence and garage, $3000. April 4, 1949. Termite work. December 17, 2001. Reroof single family dwelling and garage. Tear off wood shingles and apply composition. *B7. Moved? ❑No ❑Yes ■Unknown Date: Original Location: *B8. Related Features: Garage. B9a. Architect: Unknown b. Builder: Unknown *13110. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917-1956 Property Type: Single-family Residence Applicable Criteria: NR. Cl- CR. 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The M. W Peterson House is architecturally significant as an intact and representative example of a 1920s Colonial Revival style residence and is historically notable as one of a handful of pre World War ll homes in the immediate vicinity. The house and garage were built in 1927 for Milton W Peterson and his wife, Mildred. Peterson was a barber whose shop, Warren and Peterson, was located at 406 East Fourth Street. The Petersons remained in the house until the early 1930s. In 1936, James T and Margaret K. Workman lived at this address, Mr. Workman was a deputy sheriff. Beginning in 1940 and continuing until at least 1952, this was the home of Marian K. Libby, a teacher at Willard School. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *13112. 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: *1314. Evaluator: Leslie J. Neumann *Date of Evaluation: December 1, 2006 (This space reserved for official comments.) DPR 523E (1195) *Required information 25C-349 State of California The Resources Agency Primary It I DEPARTMENT OF PARKS AND RECREATION HRI It CONTINUATION SHEET Trinomial Df 4 Resource Name or# (Assigned by recorder) M. W Peterson House by Leslie J. Neumann and Deborah Howell-Ardila *Date December 1, 2006 ❑x Continuation ❑ Update *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 around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The M. W Peterson House is located in north Santa Ana, in the Morrison/Eldridge Park neighborhood. An irregularly shaped area straddling North Flower Street, Morrison/Eldridge Park is bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War 11. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1920, there were nine homes, including one (2610, later numbered 2620), in what would become the Morrison/Eldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly laid out streets in the first few years of the 1950s, the area exploded in the mid 1950s with the building of tracts of homes in the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972. The M. W Peterson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the 1920s Colonial Revival style. Typical stylistic features illustrated by the house include its symmetrical, side -gabled configuration and prominently hooded entry. Additionally, the house has been categorized as "Contributive"because it `contributes to the overall character and history" of the Morrison/Eldridge Park neighborhood and, as an intact and characteristic example of a 1920s Colonial Revival style home, `is a good example of period architecture." Character -defining exterior features of the M. W Peterson House that should be preserved include, but may not be limited to, materials and finishes (clapboard), roof configuration and detailing, massing, original windows and doors and their surrounds where extant, entry, and architectural details such as the entry hood and attic vents. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WIN 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. Orange County Plat Maps, 1912. Thomas Brothers Maps of Orange County, 1957, 1964, and 1969. Santa Ana and Orange County Directories, 1905-1962. DPR 523L 25C-350 State of California The Resources Agency Primary # I DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Dr v Kesource Name or;; (Assigned Dy record by Leslie J. Neumann and Deborah Howell-Ardila *Date December 1, 2006 P5b. Photo: Garage and south elevation, November 2006 0 Continuation ❑ Update DPR 523L 25C-351 MILLS ACT AGREEMENT 2606 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. 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 size, scale, color, material and character of the property, neighborhood, or environment. 26C-352 MILLS ACT AGREEMENT 2606 North Flower Street Santa Ana, CA 92706 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. 25C-353 EXHIBIT 20 REQUEST FOR a Historic Resources Commission Action' HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-14 (MILLS ACT) FOR THE PROPERTY LOCATED AT 2606 NORTH FLOWER STREET Prepared by Jill Arabe, AICP HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO /� �r � Y� Executive Director Plannin nagE 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 Elliot Cossaboom and Carol Yvette Cossaboom for the property located at 2606 North Flower Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant Elliot and Carol Cossaboom are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2606 North Flower Street that is currently listed on the Santa Ana Register of Historical Properties. Project Location and Site Description The subject property, known as the M. W. Peterson House, consists of an existing one-story Colonial Revival style residence that is approximately 910 square feet in size on a 6,250-square-foot residential lot (Exhibit 2). The home was added to the Santa Ana Register of Historical Properties in 2007 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. 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 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 25C-354 HPPA No. 2020-14 October 29, 2020 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 2007, the Historic Resources Commission placed the M.W. Peterson House on the historical register and within the Contributive category. Character -defining features of the M.W. Peterson House determined architecturally significant included: materials and finishes (clapboard); roof configuration and detailing; massing; original windows and doors and theirsurrounds where extant; entry; and architectural details such as the entry hood and attic vents. The M.W. Peterson House qualified for listing under Criterion 1 of Sec. 30-2, of the Santa Ana Municipal Code (SAMC), in that it "is a good example of period architecture." Additionally, the house was categorized as Contributive because it "contributes to the overall character and history" of the Morrison/Eldridge Park neighborhood and is an intact and characteristic example of a 1920s Colonial Revival style home. 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-2020-70 will be filed for this project. elPnner � JA:sb SAHistoric Resources Commission\2020\10-29-20\2606 N. Flower Street\Staff Report - 2606 N Flower Street.docx Exhibits 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 2606 N Flower Street 25C-355 MILLS ACT AGREEMENT 2606 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 Elliot Cossaboom and Carol Yvette Cossaboom, Spouses as Joint Tenants, (hereinafter collectively referred to as "Owner"), owners of real property located at 2606 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 Govermnent 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 2606 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. ZSC-356 MILLS ACT AGREEMENT 2606 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 November 18, 2020, 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 nomenewal. 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. 25C-357 MILLSACTAGREEMENT 2606 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, naively 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 terns 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 I/z) percent by Government Code Section 50286) of the current fair market value of the Z6-C-358 MILLS ACT AGREEMENT 2606 North Flower Street Santa Ana, CA 92706 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 terns 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 2606 North Flower Street, Assessor Parcel Number, 001-244-25, 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 25`C-359 MILLSACTAGREEMENT 2606 North Flower Street Santa Ana, CA 92706 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: Elliot Cossaboom and Carol Yvette Cossaboom 2606 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with 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. 2-6C-360 MILLS ACT AGREEMENT 2606 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 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. 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) 251C-361 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLS A CT A GREEMENT 2606 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: ELLIOT COSSABOOM By: CAROL YVETTE COSSABOOM RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Z6 C-362 MILLS ACT AGREEMENT 2606 North Flower Street Santa Ana, CA 92706 EXIIIBIT A LEGAL DESCRIPTION the real property in the City of Santa Ana, County of Orange, State of California, described as: THAT PORTION OF THE NORTH 50.00 FEET OF THE SOUTH 100.00 FEET, MEASURED ALONG THE EAST LINE, OF LOT 10 OF THE POTTS, BORDEN AND SIDWELL TRACT, AS PER MAP RECORDED IN BOOK 4 PAGE 624, OF MISCELLANEOUS MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, LYING EAST OF TRACT NO. 1824, AS PER MAP RECORDED IN BOOK 53 PAGES 10 AND 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 35.00 FEET THEREOF. ALSO EXCEPT THE EAST 40.00 FEET THEREOF Assessor's Parcel Number: 001-244-25 25C-363 EXECUTIVE SUMMARY M. W. PETERSON HOUSE 2606 North Flower Street Santa Ana, CA 92706 NAME M. W. Peterson House REF. NO. ADDRESS 2606 North Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Morrison/Eldridge Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the 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 M. W. Peterson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the 1920s Colonial Revivalstyle. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Morrison/Eldridge Park neighborhood and, as an intact and characteristic example of a 1920s Colonial Revival style home, "is a good example of period architecture" (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. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551; Individual property that is listed or designated locally. Exhibit B 25C-364 State of California — The Resources Agency Primary#_ DEPARTMENT OF PARKS AND RECREATION HRI# PRIMARY RECORD Trinomial NRHP Status Other Listings Review Code Reviewer Date e name(s) or number (assigned by recorder) M. W Peterson House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 0054 Date: *c. Address 2606 North Flower Street City Santa Ana Zip 92706 *a. Other Locational Data: Assessors Parcel Number 001-244-25 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Simplicity and near symmetry identify the Colonial Revival inspiration for this one-story cottage. Side -gabled, the roof has shallow eaves. Narrow clapboard sheathes the residence. Louver vents pierce the gable ends. The focal point of the design is the central entry, announced by a front -gabled hood supported on decoratively carved brackets. A twelve -light fixed sash window south of the entry may have been a replacement, its bracketed ledge at the sill level and a scalloped surround are more typical of later decades. North of the entry, a pair of double -rung sash windows display a Craftsman influence in the arrangement of muntins in the upper sashes. Slightly extended lintels also suggest the Craftsman style. A one-story, front - gabled and clapboard garage is located in the rear of the property. Attractively landscaped and bordered by a non -original but compatible white picket fence, the property is substantially unaltered. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other A iII *P11. Report Citation: (Cite survey report and other sources, or enter "none") P5b. Photo: (view and date) East elevation November 2006 *P6. Date Constructed/Age and Sources: ■historic 1927/City of Santa Ana Building Permits *P7. Owner and Address: RoryG. Tompoles 2606 N. Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Neumann and D. Howell-Ardile Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: December 1, 2006 *P10. Survey Type: Intensive Survey Update None. *Attachments: ONone OLocation Map ❑Sketch Map ■Continuation Sheet oBuilding, Structure, and Object Record OArchaeological Record []District Record []Linear Feature Record []Milling Station Record []Rock Art Record ❑Artifact Record OPhotograph Record O Other (list) DPR 523A (1/95) 25C-365 *Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 _Resource rvarne or*; wi. vv. rererson House B1. Historic Name: M. W. Peterson House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed In 1927 February 23, 1927. Residence and garage, $3000. April 4, 1949. Termite work. December 17, 2001. Reroof single family dwelling and garage. Tear off wood shingles and apply composition. *137. Moved? ❑No ❑Yes ■Unknown Date: Original Location; *68. Related Features: Garage. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917-1956 Property Type: Single-family Residence Applicable Criteria: NR: C; CR:3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The M. W. Peterson House is architecturally significant as an intact and representative example of a 1920s Colonial Revival style residence and is historically notable as one of a handful of pre World War 11 homes in the immediate vicinity. The house and garage were built in 1927 for Milton W. Peterson and his wife, Mildred. Peterson was a barber whose shop, Warren and Peterson, was located at 406 East Fourth Street. The Petersons remained in the house until the early 1930s. In 1936, James T. and Margaret K. Workman lived at this address; Mr. Workman was a deputy sheriff. Beginning in 1940 and continuing until at least 1952, this was the home of Marian K. Libby, a teacher at Willard School. (See Continuation Sheet 3 of 4.) B1 1. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: December 1, 2006 (This space reserved for official comments.) DPR 523B (1195) Sketch Map q (J OLA s>$ tjq S1.�o. -P 2606 N. Flower Street 001-244-25 h yso� so• w� ~ eo, *Required information 25C-366 Stateof California — TheResourcesAgency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial of 4 Resource Name or # (Assigned oy recoraer) m. vv. vererson mouse by Leslie J. Heumann and Deborah Howell-Ardila *Date December 1, 2006 OO Continuation ❑ Update *510. 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 around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The M. W. Peterson House is located in north Santa Ana, in the Morrison/Eldridge Park neighborhood. An irregularly shaped area straddling North Flower Street, Morrison/Eldridge Park is bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War ll. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1920, there were nine homes, including one (2610, later numbered 2620), in what would become the Morrison/Eldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly laid out streets in the first few years of the 1950s, the area exploded In the mid 1950s with the building of tracts of homes in the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972. The M. W. Peterson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the 1920s Colonial Revival style. Typical stylistic features illustrated by the house include its symmetrical, side -gabled configuration and prominently hooded entry. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Morrison/Eldridge Park neighborhood and, as an intact and characteristic example of a 1920s Colonial Revival style home, 'is a good example of period architecture." Character -defining exterior features of the M. W. Peterson House that should be preserved include, but may not be limited to, materials and finishes (clapboard); roof configuration and detailing,, massing; original windows and doors and their surrounds where extant; entry; and architectural details such as the entry hood and attic vents. *512. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WIN Norton, 1098. 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. Thomas Brothers Maps of Orange County, 1957, 1964, and 1969. Santa Ana and Orange County Directories, 1905-1962. DPR 523L 2 5 C -367 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) M. W Peterson House Kecoraea oy Leslie J. Heumann and Deborah Howell-Ardila 'Date December 1, 2006 El Continuation ❑ Update 135b. Photo: Garage and south elevation, November 2006 DPR 523L 25C-368 MILLS ACTA GREEMENT 2606 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. 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 size, scale, color, material and character of the property, neighborhood, or environment. -1- 25C-369 MILLS ACTAGREEMENT 2606 North Flower Street Santa Aiwa, CA 92706 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- 25C-370 500' RADIUS HPPA 2020-14 2606 NORTH FLOWER STREET M.W. PETERSON HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 2 25C-371 mein 3 EXHIBIT 21 MILLS ACT AGREEMENT 2109 North Rosewood Avenue 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 Richard S. Frankenstein Separate Property Revocable Trust Established November 17, 2010 as Wholly Amended and Restated on February 27, 2017, (hereinafter collectively referred to as "Owner"), owner of real property located at 2109 North Rosewood Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Acts 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 2109 North Rosewood Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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. 26C-373 MILLS ACT AGREEMENT 2109 North Rosewood Avenue 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 I 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 November 18, 2020, 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 tern 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, 25C-374 MILLS ACT AGREEMENT 2109 North Rosewood Avenue 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 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 29C-375 MILLS ACT AGREEMENT 2109 North Rosewood Avenue 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 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 2109 North Rosewood Avenue, Assessor Parcel Number, 001-162-13, 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. 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 26C-376 MILLS ACT AGREEMENT 2109 North Rosewood Avenue 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: Richard S. Frankenstein 2109 North Rosewood Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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. -s- 25C-377 MILLS ACT AGREEMENT 2109 North Rosewood Avenue 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 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) 26C-378 ATTEST: DAISY GOMEZ Clerk of the Council CI11,101 D1 N Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: 4 g, -fw L- JOFW M. FUNK Assistant City Attorney MILLSACT AGREEMENT 2109 North Rosewood Avenue Santa Ana, CA92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: RICHARD S. FRANKENSTEIN RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 26C-379 MILLS ACT AGREEMENT 2109 North Rosewood Avenue Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 21 OF TRACT NO. 2171, AS SHOWN ON A MAP RECORDED IN BOOK 69, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 001-162-13 29C-380 EXECUTIVE SUMMARY D.K. Thomas House f��i Dkl GT�i 7: • • • • EW=I - Santa Ana, CA 92706 NAME D.K. Thomas House REF. NO. ADDRESS 2109 North Rosewood Avenue CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1956 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses- SUMMARY/CONCLUSION: The D.K. Thomas House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style as interpreted by prominent local builder, Emmet C. Rogers. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the West Floral Park neighborhood, and, as an intact example of the Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture" 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. 25C-381 25C-382 State of California— The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomi; NRHP Status Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) D.K. Thomas 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 2109 North Rosewood Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-162-13 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, this is a one-story single-family residence with an attached two -car garage constructed in a Ranch House style. The house and garage delineate an "L" -shaped plan, which embraces a generously sized rear patio. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low pitched, hipped roof with wide, overhanging, open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing and the exterior of the house is clad in a combination of brick, smooth stucco, and vertical plywood siding. The roof treatment defines three sections of the front (west) facade. In the middle, the entry porch is sheltered under the main roof and characterized by vertical plywood siding and a brick veneer base. The entry features a six -panel wood door flanked by a single full height decorative shutter Forming the south wall of the entry porch, a metal -framed, casement, corner window with a corner support sits on a brick base and features interior jalousie shutters. An additional metal -framed, casement corner window marks the northwest corner of the facade, along with a tripartite metal -frame casement window closer to the entry, both with are flanked by decorative shutters. The rear (east) elevation features a roof overhang that frames a modestly sized rear patio, which features multi -light French doors flanked by two multi -light side panels. The "L" -shaped portion of the rear provides a secondary access to the rear and also features multi -light French doors flanked by two multi -light side panels. A prominent brick chimney located along the front elevation south of the entry pierces the eaves and rises above the roof ridgeline. A double casement is set between the chimney and the attached garage that constitutes the south end of the facade. The property is landscaped with several mature trees, a lawn, low vegetation and a decorative walkway at the front setback. Alterations to the house include a rear bedroom and bathroom addition, the removal of original roof shingles, swimming pool and spa, and installation of photovoltaic solar panels towards the rear. While the residence has been altered, the alterations do not appear to detract from the integrity of the residence. *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 P5b. Photo: (view and date) West elevation, view east September2020 *P6. Date Constructed/Age and Sources: ■historic 19561 City of Santa Ana Building Permits *P7. Owner and Address: Richard S. Frankenstein 2109 North Rosewood Avenue Santa Ana, CA 92705 *138. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: October 29, 2020 *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 ❑District Record ❑Linear Feature Record ❑Milling Station Record DArtifactRecord []Photograph Record ❑ Other (IiM���_383 DPR 523A (1/95) L ❑Rock Art Record *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 #: D.K. Thomas House 131. Historic Name: D.K. Thomas House B2. Common Name: Same B3. Original Use: Single-family Residence *135. Architectural Style: Ranch House B4. Present Use: Single-family Residence *136. Construction History: (Construction date, alterations, and date of alterations): May 1, 1956. Constructed. $18,000. December 7, 1982. Residential addition bedroom and bath. December 27, 1982. Swimming pool and spa. March 30, 2004. Reroof sfd and attached garage - remove wood shakes, install comp shingles. $10,528. September 13, 2011. Install (26) photovoltaic solar panels & 1 inverter.$22,000. *137. Moved? ■No DYes DUnknown Date: Original location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: ArthurK. Herrick *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1956 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The D.K. Thomas House is architecturally significant as a characteristic example of the Ranch style as interpreted by prominent local builder, Emmet C. Rogers, and his son-in-law, Arthur K. Herrick. This house was an Emmet C. Rogers development home and was originally constructed in 1956, by local building contractor Arthur K. Herrick. Emmet C. Rogers was a prolific Santa Ana builder and developer. From the late 1930s through the following decade, Rogers was extremely active as a building contractor, often moving his family, perhaps to houses as a finished them, on Greenleaf (2144), Freeman (602 and 1315), and Towner (1010) (1930 Federal Census, Santa Ana Register July 29, 1940, 1947 and 1949 city directories). He subdivided a 24-lot tract on Freeman between Washington and Fifteenth from former walnut groves in 1938, maintaining property values by reviewing the proposed plans for each house in the tract (Santa Ana Register. August 27, 1938). He also developed several lots on Towner, north of Washington (Santa Ana Register. July 29, 1940). This house was deeded to David K. and Catherine S. Thomas in 1956. Mr. and Mrs. Thomas resided on the property until 1979 when the property was sold to Dennis I. and Jane C. Fischel. Mr. and Mrs. Fischel resided in the property until 1990s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) Sketch Map B13. Remarks: *1314. Evaluator: Leslie Heumann/ChattelInc. a *Date of Evaluation: October 29, 2020 N < 162 (This space reserved for official comments.) I :� 'T D.K. Thomas House 2109 North Rosewood Avenue s ^ +� ) N0.2194 r 4 IF n a 3 1S3 v z, O n 29297 J 1 1i AWkr $ i a DPR 523B (1/95) 25C-384 *Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Pedro Gomez *B10. Significance (continued): *Date October29, 20200 Continuation ❑ Update Since the second half of the twentieth century, the neighborhood in which the D. K Thomas House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The D.K. Thomas House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style as interpreted by prominent local builder, Emmet C. Rogers. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the West Floral Park neighborhood, and, as an intact example of the Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture" in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the D.K. Thomas House include, but may not be limited to: materials and finishes (brick, stucco, vertical plywood siding), low pitched, hipped roof,, wide, overhanging, open eaves with exposed rafters, brick chimney, metal casement windows, including corner windows, and front entry porch. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com 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. Whiffen, 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 DPR 523L 25^-385 MILLS ACT AGREEMENT 2109 North Rosewood Avenue Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 26C-386 MILLS ACT AGREEMENT 2109 North Rosewood Avenue Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the fixture, the essential form and integrity of the structure would be unimpaired. 25C-387 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COMMISSION MEEnNG DATE: OCTOBER 29, 2020 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-12, HISTORIC REGISTER CATEGORIZATION NO. 2020-11, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-15 FOR PROPERTY LOCATED AT 2109 NORTH ROSEWOOD AVENUE Prepared by Pedro Gomez, AICP EXHIBIT 22 HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Q Executive Director Plannin nager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020-12 and Historic Register Categorization No. 2020-11 (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 S. Frankenstein, subject to non - substantive changes approved by the City Manager and City Attorney (Exhibit 2). Request of Applicant Richard S. Frankenstein is requesting approval to designate an existing residence located at 2109 North Rosewood Avenue 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 Rosewood Avenue in the West Floral Park neighborhood. The site consists of a 2,282-square-foot, Ranch House residence and detached garage on an 8,712-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 Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria 25C-388 HRCA No. 2020-12, HRC No. 2020-11, HPPA No. 2020-15 October 29, 2020 Page 2 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 64 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 D.K. Thomas House, is located within the West Floral Park neighborhood boundaries and has distinctive architectural features of the Ranch House style. The residence was built in 1956 by local builder, Arthur K. Herrick, Emmet C. Rogers' son-in-law. Rogers was a prolific Santa Ana builder and developer. From the late 1930s through the following decade, Rogers was extremely active as a building contractor, often moving his family, perhaps to houses as a finished them. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low pitched, hipped roof with wide, overhanging, open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing and the exterior of the house is clad in a combination of brick, smooth stucco, and vertical plywood siding. The roof treatment defines three sections of the front (west) facade. In the middle, the entry porch is sheltered under the main roof and characterized by vertical plywood siding and a brick veneer base. The entry features a six panel wood door flanked by a single full height decorative shutter with an adjacent metal -framed casement corner windows with corner supports featuring interior jalousie shutters. An additional metal -framed casement window also appears in the north sections of the facade, along with a tripartite metal -frame casement window, both with are flanked by decorative shutters. The rear (east) elevation features a roof overhang that frames a modestly sized rear patio, which features multi -light French doors flanked by two multi -light side panels. The "L" - shaped portion of the rear provides a secondary access to the rear and also features multi -light French doors flanked by two multi -light side panels. A prominent brick chimney located along the front elevation rises above the roof ridgeline and frames southern section of the front facade. The property is landscaped with several mature trees, a lawn, low vegetation and a decorative walkway at the front setback. Character -defining features of,the D.K. Thomas House include, but may not be limited to: materials and finishes (brick, stucco, vertical plywood siding); low pitched, hipped roof; wide, overhanging, open eaves with exposed rafters; brick chimney; metal casement windows; and front entry porch. The D.K. Thomas House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 for embodiment of the distinguishing characteristics of the Ranch House style; and Criterion No. 4, for its contribution to the West Floral Park neighborhood and for its 25C-389 HRCA No. 2020-12, HRC No. 2020-11, HPPA No. 2020-15 October 29, 2020 Page 3 association with prominent local builder, Emmet C. Rogers. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the West Floral Park neighborhood, and, as an intact example of the Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture" in Santa Ana, 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 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 West 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/ER No. 2020-72 will be filed for this project. 25C-390 HRCA No. 2020-12, HRC No. 2020-11, HPPA No. 2020-15 October 29, 2020 Page 4 PG:sb S:1Historic Resources Commission12020110-29-20\2109 N Rosewood Ave -D.K. Thomas House\Staff Report - 2109 N. Rosewood Ave Exhibits 1 — Resolution 2 — Mills Act Agreement 3 — 500-Foot Radius Map 25C-391 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2020-xx A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-12 TO PLACE THE PROPERTY LOCATED AT 2109 NORTH ROSEWOOD AVENUE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-11 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 29, 2020, 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. 2020-12) and categorization (Historic Resources Commission Categorization No. 2020-11) of the D.K. Thomas House located at 2109 North Rosewood Avenue, Santa Ana. B. The D.K. Thomas House has distinctive architectural features of the Ranch House style and was built in 1956. C. The D.K. Thomas House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion No. 1 for embodiment of the distinguishing characteristics of the Ranch House style; and Criterion No. 4, for its contribution to the West Floral Park neighborhood and for its association with prominent local builder, Emmet C. Rogers. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the West Floral Park neighborhood, and, as an intact example of the Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture" in Santa Ana. Character -defining features of the D.K. Thomas House include, but may not be limited to: materials and finishes (brick, stucco, vertical plywood siding); low pitched, hipped roof; wide, overhanging, open eaves with exposed rafters; brick chimney; metal casement windows; and front entry porch. D. The legal owner of the property is Richard S. Frankenstein. 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. 25C-392 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 F. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the 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 historical resources. Categorical Exemption No. ER-2020-72 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. 2020-12 to place the D.K. Thomas House located at 2109 North Rosewood Avenue, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-11 placing the D.K. Thomas House located at 2109 North Rosewood Avenue, 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 291h day of October, 2020. Alberta Christy Chairperson 25C-393 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission mem NOES: Commission ABSTAIN: Commission NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on October 29, 2020. Date: Commission Secretary City of Santa Ana 25C-394 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-162-13 2109 North Rosewood LOT 21 OF TRACT NO. 2171, Richard S. Avenue AS SHOWN ON A MAP Frankenstein RECORDED IN BOOK 69, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 25C-395 MILLSACTAGREEMENT 2109 North Rosewood Avenue 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 Richard S. Frankenstein Separate Property Revocable Trust Established November 17, 2010 as Wholly Amended and Restated on February 27, 2017, (hereinafter collectively referred to as "Owner"), owner of real property located at 2109 North Rosewood Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2109 North Rosewood Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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. ZSC-396 MLLLSACTAGREEMENT 2109 North Rosewood Avenue 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 November 18, 2020, 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- at least ninet_ 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, 25C-397 MILLS ACT AGREEMENT 2109 North Rosewood Avenue 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 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 mariner 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 28C-398 MILLS A CT A GREEMENT 2109 North Rosewood Avenue 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 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 comple by OwnerrtherrCity nay; without further'mrtiae, declare -default URUVI 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 2109 North Rosewood Avenue, Assessor Parcel Number, 001-162-13, 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. 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 25C-399 MILLS ACTAGREEMENT 2109 North Rosewood Avenue 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: Richard S. Frankenstein 2109 North Rosewood Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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. 29C-400 MILLS ACTAGREEMENT 2109 North Rosewood Avenue 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 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. 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 Stat�o�CaliforniaTwithyeme in Orangee-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) 2�C-401 ATTEST: DAISY GOMEZ Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLSACTAGREEMENT 2109 North Rosewood Avenue Santa Ana, CA 92706 CITY OF SANTA ANA KRISTINE RIDGE City Manager By: RICHARD S. FRANKENSTEIN RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 23C-402 MILLSACTAGREEMENT 2109 North Rosewood Avenue Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO 14F,REIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 21 OF TRACT NO. 2171, AS SHOWN ON A MAP RECORDED IN BOOK 69, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 001-162-13 25C-403 HRC 2020-11/ HRCA 2020-12/ HPPA 2020-15 2109 NORTH ROSEWOOD AVENUE D.K. THOMAS HOUSE PLANNING AND BUILDING AGENCY 25C-404 EXECUTIVE SUMMARY D.K. Thomas House 2109 North Rosewood Avenue Santa Ana, CA 92706 NAME D.K. Thomas House REF. NO. ADDRESS 2109 North Rosewood Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1956 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The D.K. Thomas House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style; and Criterion 4, for its contribution to the Floral Park neighborhood and for its association with prominent local builder, Emmet C. Rogers. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the West Floral Park neighborhood, and, as an intact example of the Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture" 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 bf a master, or possesses high artistic values. 5S3: ADoears to be individually elioible for local listing or desionation through survev evaluation 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) D.K. Thomas 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 2109 North Rosewood Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-162-13 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, this is a one-story single-family residence with an attached two -car garage constructed in a Ranch House style. The house and garage delineate an "L"-shaped plan, which embraces a generously sized rear patio. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low pitched, hipped roof with wide, overhanging, open eaves with exposed rafters. The roof is clad in contemporary asphalt shingle roofing and the exterior of the house is clad in a combination of brick, smooth stucco, and vertical plywood siding. The roof treatment defines three sections of the front (west) fagade. In the middle, the entry porch is sheltered under the main roof and characterized by vertical plywood siding and a brick veneer base. The entry features a six panel wood door flanked by a single full height decorative shutter with an adjacent metal -framed casement corner windows with corner supports featuring interior jalousie shutters. An additional metal -framed casement windows also appears in the north sections of the facade, along with a a tripartite metal -frame casement window, both with are flanked by decorative shutters. The rear (east) elevation features a roof overhang that frames a modestly sized rear patio, which features multi -light French doors flanked by two multi -light side panels. The "L" -shaped portion of the rear provides a secondary access to the rear and also features multi -light French doors flanked by two multi -light side panels. A prominent brick chimney located along the front elevation rises above the roof ridgeline and frames southern section of the front fagade. The property is landscaped with several mature trees, a lawn, low vegetation and a decorative walkway at the front setback. Alterations to the house include a rear bedroom and bathroom addition, the removal of original roof shingles, swimming pool and spa, and installation of photovoltaic solar panels towards the rear. While the residence has been altered, the alterations do not appear to detract from the integrity of the residence. *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ElObject ❑Site ❑District ❑Element of District ❑Other P5a. Photo P5b. Photo: (view and date) West elevation, view east September2020 *P6. Date Constructed/Age and Sources: ■historic 19561 City of Santa Ana Building Permits *P7. Owner and Address: Richard S. Frankenstein 2109 North Rosewood Avenue Santa Ana, CA 92705 *P6. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: October 29, 2020 *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 ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record ❑District Record ELinear Feature Record ❑Milling Station Record DArtifact Record ❑Photograph Record ❑ Other (l2%-406 DPR 523A (1195) ❑Rock Art Record *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;;: U.K. inomas tiouse B1. Historic Name: D.K. Thomas House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): May 1, 1956. Constructed. $18,000. December 7, 1982. Residential addition bedroom and bath. December 27, 1982. Swimming pool and spa. March 30, 2004. Reroof sfd and attached garage - remove wood shakes, install comp shingles. $10,528. September 13, 2011. Install (26) photovoltaic solar panels & 1 inverter. $22, 000. *B7. Moved? ■No OYes ❑Unknown Date: Original location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: ArthurK. Herrick *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1956 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 D.K. Thomas House is architecturally significant as a characteristic example of the Neoclassical style and historically notable for its association with a prominent local builder, Emmet C. Rogers. This house was an Emmet C. Rogers development home and was originally constructed in 1956, by local building contractor and Rogers'son-in-law, Arthur K Herrick. Emmet C. Rogers was a prolific Santa Ana builder and developer. From the late 1930s through the following decade, Rogers was extremely active as a building contractor, often moving his family, perhaps to houses as a finished them, on Greenleaf (2144), Freeman (602 and 1315), and Towner (1010) (1930 Federal Census, Santa Ana Register July 29, 1940, 1947 and 1949 city directories). He subdivided a 24-lot tract on Freeman between Washington and Fifteenth from former walnut groves in 1938, maintaining property values by reviewing the proposed plans for each house in the tract (Santa Ana Register, August 27, 1938). He also developed several lots on Towner, north of Washington (Santa Ana Register, July 29, 1940). The house was deeded to David K. and Catherine S. Thomas in 1956. Mr. and Mrs. Thomas resided on the property until 1979 when the property was sold to Dennis I. and Jane C. Fischel. Mr. and Mrs. Fischel resided in the property until 1990s. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chatte/Inc. *Date of Evaluation: October 29, 2020 DPR 523B (This space reserved for official comments.) Sketch Map D.K. Thomas House 2109 North Rosewood Avenue z• � ©j 162 .- n O O q� � O AYt7yE � r � i 164 i (1195) 2 5 C— A 0 7 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: D.K. Thomas House *Recorded by Pedro Gomez *Date October 29, 2020 O Continuation ❑ Update *B10. Significance (continued): The D.K. Thomas House is located in West Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Bristol Street, North Flower Street, and West Riviera Drive, In 1910, father and son John B. and Merle Ramsey, who had come to Santa Ana in 1902 and subsequently setup business as plaster contractors, purchased fifteen acres of the ranch from a Mr. Talcott. By that time, the adobe had been replaced by the present house, estimated to have been built circa 1895 (Cultural Heritage Inventory, 1983). A barn with an attached bunkhouse was located west of the house (approximately where Westwood Avenue runs today). The Ramsey's began tending the orange and walnut trees already on half of the acreage, and planted additional walnut trees and apricot trees on the vacant land. They also developed the `Ramsey Apple" by grafting cuttings from their home in Ohio onto California rootstock. At the time of the Ramsey's purchase, the ranch, although located within the city limits of Santa Ana, was `far out in the country," reached via dirt roads, with no nearby neighbors. The location of the property was understood to be the vicinity of Baker and Seventeenth. In 1921, father and son divided the property, with the father keeping the rear portion for farming and son taking the front in order to take advantage of the expanding residential area of Santa Ana by building houses. City directories in the 1930s list the address of John Ramsey as 1901 North Baker Street and of Merle Ramsey as 1101 West Seventeenth Street. Westwood Avenue north of Seventeenth, however, was not developed until the post -World War II period, and the first building permit with the current address was recorded in 1948. Merle Ramsey recalled his life on the A. T. Bates ranch in This Was Mission County., Reflections in Orange of Merle and Mabel Ramsey, published in 1973, and noted that the house remained exactly where it had been, only surrounded by streets and houses. Ramsey also recalled unearthing several Native American artifacts on the property, most notably two stone pots discovered when they installed an irrigation system. Since the second half of the twentieth century, the neighborhood in which the A. T. Bates Ranch House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed during the 1950s, and the California Ranch. The D.K. Thomas House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style; and Criterion 4, for its contribution to the West Floral Park neighborhood and for its association with prominent local builder, Emmet C. Rogers. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of the West Floral Park neighborhood, and, as an intact example of the Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture" in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the D. K. Thomas House include, but may not be limited to: materials and finishes (brick, stucco, vertical plywood siding); low pitched, hipped roof. wide, overhanging, open eaves with exposed rafters; brick chimney; metal casement windows; and front entry porch. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestrycom. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry. com 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 DPR 523L L 5 ^'CFO 8 MILLSACTAGREEMENT 2109 North Rosewood Avenue Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with 29e-409 MILLS ACT AGREEMENT 2109 North Rosewood Avenue. Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the stnicture would be unimpaired. 25C-410 EXHIBIT 23 MILLS ACT AGREEMENT 2214 North Heliotrope Drive 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 Ryan Bruce and Amy Bruce, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as "Owner"), owners of real property located at 2214 North Heliotrope Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2214 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 26C-411 MILLS ACT AGREEMENT 2214 North Heliotrope Drive 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 November 18, 2020, 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. 26C-412 MILLS ACT AGREEMENT 2214 North Heliotrope Drive 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 umepaired 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 2SC-413 MILLS ACT AGREEMENT 2214 North Heliotrope Drive Santa Ana, CA 92706 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 2214 North Heliotrope Drive, Assessor Parcel Number, 002-082-41, 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 2dC-414 MILLS ACT AGREEMENT 2214 North Heliotrope Drive Santa Ana, CA 92706 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. 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: Ryan Bruce and Amy Bruce 2214 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. 25C-415 MILLS ACT AGREEMENT 2214 North Heliotrope Drive 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 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} 26C-416 MILLSACT AGREEMENT 2214 North Heliotrope Drive Santa Ana, CA92706 ATTEST: CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager 1VIL/► Date: By: RYAN BRUCE Date: By: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: 7�" -f.. L JOH_ . M. FUNK Assistant City Attorney AMY BRUCE RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 26C-417 MILLS ACT AGREEMENT 2214 North Heliotrope Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 35, EXCEPTING THE NORTH 2.30 FEET THEREOF, AND THE NORTH 49.30 FEET OF LOT 34 IN BLOCK "A" OF TRACT NO. 1035, AS SHOWN ON A MAP RECORDED IN BOOK 33, PAGE 46, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Assessor's Parcel Number: 002-082-41 26C-418 EXECUTIVE SUMMARY Haster - Dempsay House 2214 North Heliotrope Drive Santa Ana, CA 92706 NAME Haster - Dempsay House REF. NO. ADDRESS 2214 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1953 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses- SUMMARY/CONCLUSION: The Haster - Dempsay House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Ranch House style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-22). 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.) 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. 25C-419 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # NRHP Status Other Listings Review Code Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Hester - Dempsey 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 2214 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-082-41 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, this is a one-story single-family residence on a large parcel, sited with a deep setback and constructed in a Ranch House style. A three -car garage is located a few feet behind (south of) the south elevation of the residence and is attached by an open breezeway. The house and garage delineate an irregularly shaped plan, which once embraced a generously sized rear patio that has since been enclosed and converted into a family room. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low pitched, gable -on -hip (`dutch gable') roof with wide, overhanging, enclosed eaves. The exterior of the house is clad in a combination of brick, smooth stucco, and horizontal wood board (clapboard) siding. A small front entry is located off -center and sheltered under the main roof of the residence characterized by a single wood column, with a cushion capital, that supports the roof overhang. The entry exhibits a modern, two -panel front door with a single sidelight and side -panel. A large metal -framed picture window is located along the front fagade with a large central panel and two -side sections of multiple lights. Additional metal -framed casement windows also appear in the east fagade, in addition to the and north and south sections of the fagade. An interior brick chimney rises above the roof ridgeline. Alterations to the house include the removal of original wood roof shingles, paint, enclosure of the original rear patio, rear bedroom extension, and the addition of an additional unit attached to the rear of the three -car garage. The residence retains much of its historical integrity and original design features that are commonly found in a Ranch House style. Other than the noted changes, the house appears intact and is in good condition. *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west January 2020 *P6. Date Constructed/Age and Sources: ■historic 19531 City of Santa Ana Building Permits W. Owner and Address: Ryan and Amy Bruce 2214 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, AICP 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 23, 2020 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record []Artifact Record []Photograph Record ❑ Other (list) DPR 523A (1/95) 25C -420 *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 5S1 *Resource Name or#: Hester -Dempsey House 131. Historic Name: Hester -Dempsey House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Ranch House *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1953 January 9, 1954. Plastering for H.J. Lamb by Sorenson. February 5, 1979. Extend bedroom and closet (224 sq. ft.) by Dempsey, owner. $5, 712. March 13, 1979. Enclose existing patio and convert to den family room for Dempsey, owner. $5, 000. December 11, 1995. Reroof- apply built-up roof and remove wood shingle to apply wood shakes. $4,590. November 13, 2002.Reroof with tear off of wood shakes to apply fiberglass shingles. $15, 000. November 9, 2017. Structural repairs to existing garage roof framing. $10,000. June 18, 2018. Legalize accessory dwelling unit attached to rear of three -car garage. October 8, 2018. Interior remodel - kitchen, relocate pantry, relocate interior wall to convert (e) living room into a bedroom, remodel 2 (e) bedrooms, relocate coat closet and add wine closet to foyer. $75, 000. *137. Moved? ■No DYes DUnknown Date: Original location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1953 Property Type: Single -Family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Hester - Dempsey House is architecturally significant as an early and characteristic example of Ranch House style. It was built in 1953 and the first known residents were Hugo Jay (H.J.) Lamb and Mary E. Lamb, who resided on the property for only a year. Carl H. Benning, a retiree, and his wife Elsie G. Bening, resided on the property from 1954-1957. Thomas Hester and his wife Ann K. Hester resided on the property in 1957. Ann K. Hester continued to live on the property until 1972, 27-years after Thomas Hester's passing in 1945. John G. Dempsey and Linda Dempsey (formerly Linda Blowers) purchased the property after Mrs. Nester's death. Linda Dempsey was the daughter of Floyd A. Blower and Margaret F. Blower who were an Orange County pioneer family, settling in Tustin in the late 1800's. John and Linda Dempsey resided on the property until 1996 when the property was sold to Robert E. and Jeanette Wilde. According to city directories, Robert E. Wilde resided on the property until his passing in 2017. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. 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: Pedro Gomez, AICP/City of Santa Ana (This space reserved for official comments.) Sketch Map H.J. Lamb - Dempsey House 2214 North Heliotrope Drive jv I I I ffiA A Y i 8 G � 0 +I I I _ I I 1 r 6 *Date of Evaluation: January23, 2020 DPR 523B (1/95) 25C-421 *Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial :)f 3 Resou rce Name: Haster- Dempsey House by Pedro Gomez *Date January 23, 2020 0 Continuation ❑ Update *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 Haster - Dempsey House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. This neighborhood is northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, 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 Haster - Dempsay House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Ranch House style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an early and intact example of the Ranch House style in the Floral Park neighborhood, "is a good example of period architecture." Character defining features of the Haster - Dempsay House that should be preserved include, but may not be limited to, materials and finishes (brick, stucco, horizontal wood board siding), low pitched dutch -gable roof with wide overhanging eaves, brick chimney, metal casement windows, and front entry porch. *13112. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Hess, Alan. Ranch House. New York. Harry N. Abrams, Inc. 2004 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. "Alison Honer Dies at 84," The Santa Ana Journal September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park." http.//www.floral-park.com/Page2.htmL Santa Ana and Orange County Directories, 1940-1979. Talbert, Thomas B. (editor). The Historical Volume and Reference Works. Orange County. Whittier, CA: Historical Publishers, 1963. DPR 523L 25r-422 MILLS ACT AGREEMENT 2214 North Heliotrope Drive 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. 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 size, scale, color, material and character of the property, neighborhood, or environment. 26C-423 MILLS ACT AGREEMENT 2214 North Heliotrope Drive Santa Ana, CA 92706 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. 25C-424 EXHIBIT 24 REQUEST FOR Y KWoric Resources Commission Action F WORICRESOURCESCOMMISSIONMEETINGDATE: OCTOBER 29, 2020 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-16 (MILLS ACT) FOR THE PROPERTY LOCATED AT 2214 NORTH HELIOTROPE DRIVE Prepared by Jill Arabe, AICP HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planni g Manage 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 Ryan and Amy Bruce for the property located at 2214 North Heliotrope Drive, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant Ryan and Amy Bruce are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2214 North Heliotrope Drive that is currently listed on the Santa Ana Register of Historical Properties. Project Location and Site Description The subject property, known as the Haster-Dempsay House, consists of an existing one-story Ranch House style residence that is approximately 3,667 square feet in size on a 16,752-square-foot residential lot (Exhibit 2). The home was added to the Santa Ana Register of Historical Properties in 2007 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. 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 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 25C-425 HPPA No. 2020-14 October 29,.2020 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: • Longterm preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for properly rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2004, the Historic Resources Commission placed the Haster-Dempsay House on the historical register and within the Contributive category. Character -defining features of the Haster-Dempsay House determined architecturally significant included: materials and finishes (brick, stucco, horizontal wood board siding); low pitched dutch -gable roof with wide overhanging eaves; brick chimney; metal casement windows; and front entry porch. The Haster-Dempsay House qualified for listing under Criterion 1 of Sec. 30-2, of the Santa Ana Municipal Code (SAMC), in that It exemplifies distinguishing characteristics of the Ranch House style and "contributes to the overall character and history" of Santa Ana. Additionally, the house was categorized as Contributive because it "is a good example of period architecture" in the Floral Park neighborhood. 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 CornDliance 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-2020-72 will be filed for this project. Lw� ( I III] - I(IfFAPi 91" 11 "Orm be�. Senior Pl�nner JA: sb SAHIstorlc Resources CommisslonU020110-29-2012214 N. Heliotrope Drive - Haster-Dempsay House\Staff Report - 2214 N Hollotrope ❑rlve.docx Exhibits 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos -- 2214 N Heliotrope Drive 25C-426 MILLSA CT A GREEMENT 2214 North heliotrope Alve Santa Ana, CA 92706 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City o£ Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Cleric of the Council FREE RECORDING PURSUANT TO GOVERNMFNT 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 duty organized and existing under the Constitution and laws of the of the Stato of California (hereinafter referred to as "City"), and Ryan Bruce and Amy Bruce, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as "Owner', owners of real property located at 2214 North Heliotrope Drive, Santa Ana, California, in the County of Orange and listedd 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 2214 North Heliotrope Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 2�C-427 MILES ACT ACItGdlWENT 2214 No, Heliotrope Drive 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 anal `Germs of Agreement. This Agreement shall be effective and commence on November 18, 2020, 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 nomenewal 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 slrall 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 nomenewal, 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. 25t-428 MILLS ACT AGREEMENT 2214 North Heliotrope Drive Santa Ana, C4 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 bettor 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 destructioll 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 Comnussion 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 Corunty Assessor, the State Department of Parks and Recreation, and the State Board ofEqualization, to determine the Owner's compliance with the terns and provisions of this Agreement. 4. 1Furnishh►g 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 Iistoric 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 %z) percent by Government Code Section 50286) of the current fair market value of the 29C-429 MILLS ACT ACREEMLNT 2214 North heliotrope Drive Santa Ana, CA 92706 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 pirposc 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 maybe commenced within thirty (30) days_ ad 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 2214 North heliotrope Drive, Assessor Parcel Number, 002-082-41, 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 covemuits, 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 -4- 25C-430 MILLS ACT AGkREMLNT 2214 North Heliotrope Drive Santa Ana, CA 92706 the IIistoric 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 unposed 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 terns 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: Ryan Bruce and Amy Bruce 2214 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. 29C-431 I (ILLS ACT AGREEMENT 2214 North Heholropa Drive 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 City prepared, supplied, or approved the plans, specifications or other doeuments 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 - - - - fhe State ofCalifotnia, with -venue in Orange County. - — — It. Reuirdation. 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 off -fee 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- 25C-432 ATTEST: DAISY GOMEZ Clerk of the Council X11WIDI0 Date: Date: APPROVED AS TO FORM: SONIA CARVALIIO City Attorney By: LISA STORCK Assistant City Attorney MILLS ACT,AGXEEMENI, 2214 North heliotrope Drive Santa Ana, CA 92706 CITY OF SANTA ANA IMISTINE RIDGE City Manager By: RYAN BRUCE AMY BRUCE RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 29C-433 MILLS ACV AGHMMENT 2214 Nordh Heliotrope Drive Sawa Ana, CA 92706 EX[[IBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 35, EXCEPTING TIIE NORTH 2.30 FEETTHEREOF, AND THE NORTH 49.30 FEET OF LOT 34IN BLOCK "A" OF TRACT NO. 1035, AS SHOWN ON A MAP RECORDED DI BOOR 33, PAGE 46, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Assessor's Parcel Number: 002-032-41 .g- 25C-434 EXECUTIVE SUMMARY Haster - Dempsay House 2214 North Heliotrope Drive Santa Ana, CA 92706 NAME Haster - Dempsey House REF. N0. ADDRESS 2214 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1953 _ LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1.3 NEIGHBORHOOD Floral Park CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ NotforPublication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s, The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for Informality, expressed In materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House Is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor Integration is achieved through the use of recessed or extended porches, set lowto the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can Include wood frames, decorative shutters, and diamond -patterned muntlns. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARYICONCLU61ON: The Haster - Dempsey House qualifies for listing In the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Ranch House style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the Floral Park neighborhood, 9s a good example of period architecture" (Municipal Code, Section 30-2.2), EXPLANATION OF CODES: • California Realster Criteria for valuatio : (From California Off lee of Historic Preservation, Technical. Assistance Series 4 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. SS1: Individual property that Is listed or designated locally. EXHIBIT B 25C-435 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 Pane f of 3 Resource name(s) or number (assigned by recorder) Haster - Dempsey House P1. Other Identifier: '132. Location: []Not for Publication ■Unrestricted 'a. County Orange County 'b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 'c. Address 2214 North Heliotrope Drive City Santa Ana Zip 92706 'e. Other Locatlonal Data: Assessor's Parcel Number 002-082-41 'P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, this is a one-story single-family residence on a large parcel, sited with a deep setback and constructed in a Ranch House style. A three -car garage is located a few feet behind (south of) the south elevation of the residence and is attached by an open breezeway. The house and garage delineate an irregularly shaped plan, which once embraced a generously sized rear patio that has since been enclosed and converted into a family room. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low pitched, gable -on -hip ("dutch gable') roof with wide, overhanging, enclosed eaves. The exterior of the house is clad in a combination of brick, smooth stucco, and horizontal wood board (clapboard) siding. A small front entry is located off -center and sheltered under the main roof of the residence characterized by a single wood column, with a cushion capital, that supports the roof overhang. The entry exhibits a modem, two -panel front door with a single sidelight and side -panel. A large metal-iramed picture window is located along the front facade with a large central panel and two -side sections of multiple lights. Additional metal -framed casement windows also appear In the east fagade, in addition to the and north and south sections of the Parade. An interior brick chimney rises above the roof ridgeline. Alterations to the house include the removal of original wood roof shingles, paint, enclosure of the original rear patio, rear bedroom extension, and the addition of an additional unit attached to the rear of the three -car garage. The residence retains much of its historical integrity and original design features that are commonly found in a Ranch House style. 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 CObject ❑Site ❑District ❑Element of District []Other P5b. Photo: (view and date) East elevation, view west January 2020 'P6. Date Constructed/Age and Sources: Shistodc 19531 City of Santa Ana Building Permits 'P7. Owner and Address: Ryan and Amy Bruce 2214 North Heliotrope Drive Santa Ana, CA 92706 'P8. Recorded by: Pedro Gomez, AICP 20 Civic Center Plaza M-20 Santa Ana, CA 92702 'P9. Date Recorded: January 23, 2020 '1310. Survey Type: Intensive Survey Update 'P11. Report Citation: (Cite survey report and other sources, or enter "none") None 'Attachments: []None ❑Location Map []Sketch Map OConfinuation Sheet ■Building, Structure, and Object Record []Archaeological Record ODistrict Record []Linear Feature Record []Milling Station Record []Rock Art Record []Artifact Record ❑Photograph Record [] Other (list) DPR 523A (1195) -Required information 25C-436 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 5S1 I. I,.o,,,= -, n. nesrc, - ucrnpsay noose B1. Historic Name: Hester -Dempsey House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *B5. Architectural Style: Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1953 January 9, 1954. Plastering for H.J. Lamb by Sorenson. February 5, 1979. Extend bedroom and closet (224 sq. ft.) by Dempsey, owner. $5,712. March 13, 1979. Enclose existing patio and convert to den/family room for Dempsey, owner. $5,000. December 11, 1995. Reroof- apply built-up roof and remove wood shingle to apply wood shakes. $4,590. November 13, 2002.Reroof with tear off of wood shakes to apply fiberglass shingles. $15,000. November 9, 2017. Structural repairs to existing garage roof framing. $10,000. June 18, 2018. Legalize accessory dwelling unit attached to rear of three -car garage. October 8, 2018. Interior remodel - kitchen, relocate pantry, relocate interior wall to convert (a) living room into a bedroom, remodel 2 (a) bedrooms, relocate coat closet and add wine closet to foyer. $75,000. *B7. Moved? ■No 13Yes OUnknown Date: Original location: *Bib. Related Features: None. 89a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1953 Property Type: Single -Family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Hester- Dempsey House is architecturally significant as an early and characteristic example of Ranch House style. It was built in 1953 and the first known residents were Hugo Jay (H.J.) Lamb and Mary E. Lamb, who resided on the property for only a year. Carl H. Henning, a retiree, and his wife Elsie G. Banning, resided on the property from 1954-1957. Thomas Hester and his wife Ann K. Hester resided on the property in 1957. Ann K. Hester continued to live on the property until 1972. 27-years after Thomas Haster's passing in 1945. John G. Dempsey and Linda Dempsey (formerly Linda Blowers) purchased the property after Mrs. Nester's death. Linda Dempsey was the daughter of Floyd A. Blower and Margaret F. Blower who were an Orange County pioneer family, settling in Tustin in the late 1800's. John and Linda Dempsey resided on the property until 1996 when the property was sold to Robert E. and Jeanette Wilde. According to city directories, Robert E. Wilde resided on the property until his passing in 2017. (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: Pedro Gomez, AICP/City of Santa Ana (This space reserved for official comments.) Sketch Map H.J. Lamb - Dempsey House 2214 North Heliotrope Drive ,,.Uorxrrr - , A 0e2" �I a raw tT A arO'O'O'(�''n *Date of Evaluation: January 23, 2020 DPR 523E (1195) 25C-437 `Required information State of California— The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET -trinomial Page 3 of 3 Resource Name: Hasler- Dempsey House "Recorded by Pedro Gomez *Date January 23, 2020 N1 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 Haster- Dempsey 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" (Orance County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, 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 Hester - Dempsey House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Ranch House style. Additionally, the house has been categorized as "Contributive"because it "contributes to the overall character and history" of Santa Ana, and, as an early and Intact example of the Ranch House style in the Floral Park neighborhood, "is a good example of period architecture." Character defining features of the Hester - Dempsey House that should be preserved include, but may not be limited to, materials and finishes (brick, stucco, horizontal wood board siding); low pitched dutch -gable roof with wide overhanging eaves; brick chimney; metal casement windows; and front entry porch. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Hess, Alan. Ranch House. New York: Harry N. Abrams, Inc. 2004 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, 1964. 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. 'Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1961. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981, "History of Floral Park." http'/Avww floral -park com/paao2 html. Santa Ana and Orange County Directories, 1940-1979. Talbert, Thomas B. (editor). The Historical Volume and Reference Works: Orange County. Whittier, CA: Historical Publishers, f963. DPR 523L 25C-438 MILLSACTAGREEMENT 2214 North Hallotrope Drive 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 it, 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. S. 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 snatch 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. 1. The surface cleaning of structures shall be undertaken with the gentlest moans 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 size, scale, color, material and character of the property, neighborhood, or environment. -1- 25C-439 M11 LSACTAGXEEMENT 2214 North Hellotrope Drive Santa Ana, CA 92706 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- 25C-440 500' RADIUS HPPA 2020-16 2214 NORTH HELIOTROPE DRIVE HASTER-DEMPSAY HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 2 25C-441 s e fit► v..'G--:��. m P f � ^..S' .biA f o ~ { ' iaw „A IN 't A!r' :- EXHIBIT 25 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 888 TOWER APARTMENTS, LLC, a Delaware limited liability company, (hereinafter collectively referred to as "Owner"), owners of real property located at 888 North Main 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 888 North Main 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. 26C-443 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 November 18, 2020, 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. 26C-444 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 umepaired 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 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 25C-445 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 888 North Main Street, Assessor Parcel Number, 005-185-30, 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 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, 2dC-446 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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: 888 TOWER APARTMENTS, LLC, a Delaware limited liability company 888 North Main 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. 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 26C-447 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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) ATTEST: CITY OF SANTA ANA 26C-448 DAISY GOMEZ Clerk of the Council 181120101 Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: '4 7g, -f.L JOIA M. FUNK Assistant City Attorney MILLSACT AGREEMENT 888 North Main Street Santa Ana, CA92701 KRISTINE RIDGE City Manager By: 888 TOWER APARTMENTS, LLC, a Delaware limited liability company FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 26C-449 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION The Land referred to herein below is situated in the City of Santa Ana, County of Orange, State of California, and is described as follows: THAT PORTION OF THE LAND ALLOTTED TO JACOB ROSS,IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK 'B" OF JUDGMENTS OF THE 17T l JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF BLOCK "E" OF SPURGEONS ADDITION TO SANTA ANA, AS PER MAP RECORDED IN BOOK 1 PAGE 56 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE WEST 250.00 FEET ALONG THE NORTH LINE OF SAID BLOCK, AND PROLONGATIONS THEREOF, TO THE EAST LINE OF SYCAMORE STREET, AS PER MAP RECORDED IN BOOK 1 PAGE 65 OF SAID MISCELLANEOUS MAPS; THENCE NORTH ALONG SAID EAST LINE TO THE LINE DESCRIBED IN BOUNDARY LINE AGREEMENT BETWEEN WAYLAND WOOD AND MARTHA M. MEDLOCK, AND OTHERS, RECORDED APRIL 11, 1936 IN BOOK 819, PAGE 197, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE EASTERLY ALONG SAID AGREEMENT LINE TO THE WEST LINE OF MAIN STREET, AS SHOWN ON SAID MAPS; THENCE SOUTH ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXCEPT THE STRIP OF LAND LYING SOUTH OF THE DIVIDING LINE ESTABLISHED IN THE AGREEMENT BETWEEN LYDIA C. SMART AND THE FIRST NATIONAL BANK OF SANTA ANA, RECORDED DECEMBER 14, 1931 IN BOOK 522 PAGE 341, OF SAID OFFICIAL RECORDS, SAID STRIP TO TERMINATE WESTERLY ON A LINE PARALLEL WITH AND EASTERLY 125.00 FEET FROM SAID EAST LINE OF SYCAMORE STREET. Assessor's Parcel Number: 005-185-30 26C-450 EXECUTIVE SUMMARY Security Bank Building 888 North Main Street Santa Ana, CA 92701 NAME Security Bank Building REF. NO. ADDRESS 888 North Main Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1964-1965 LOCAL REGISTER CATEGORY: Landmark North Main Commercial HISTORIC DISTRICT None NEIGHBORHOOD Corridor AM & CALIFORNIA REGISTER CRITERIA FOR EVALUATION CALIFORNIA REGISTER STATUS CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric M Historic ❑ Both ARCHITECTURAL STYLE: New Formalism New Formalism began in the 1960s as a rejection of the strict Modernism that had stripped buildings of all ornamentation. New Formalism employed highly stylized forms based on Classical precedents in terms of building proportion and scale, and featured strict symmetry and the suggestion of columns and entablatures. Flat -roofed, frequently with a heavy, overhanging roof slab, New Formalist buildings featured smooth exteriors of concrete, stone, or marble. The usually single volume buildings were either rectangular or circular and often set on podiums. The use of a colonnade as a compositional device, the introduction of arches (often elliptical), and the use of ornamental screens of concrete, metal, and stone also characterize New Formalist buildings. At the same time, buildings designed in a New Formalist style made use of new technologies that allowed for a more plastic and fluid use of concrete. The style was popularized nationally by architects Minoru Yamasaki and Edward Durrell Stone, as well as by Southern California architects including Welton Becket and Associates and Pereira and Associates- SUMMARY/CONCLUSION: The Security Bank Building qualifies for listing on the Santa Ana Register of Historical Properties under Criterion 4 for its embodiment of the post -World War II evolution of Santa Ana as the financial headquarters of Orange County and its historical association with a historical southern California financial institution, Security Bank. It also qualifies for listing on the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the New Formalism style of architecture and under Criterion 2 as the work in Santa Ana of a notable architect, Welton Becket and Associates, whose work influenced architectural development. Additionally, the property has been categorized as "Landmark" because "it has an historical/cultural significance to the city" for its role in the historical development of Santa Ana as a financial center and its association with Security Bank, and because "it has a unique architectural significance" as an example of the New Formalism style of architecture designed by master architect Welton Becket and Associates. 25C-451 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.) 3S: Eligible for the National Register. • 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. 25C-452 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # NRHP Status Other Listings Review Code Reviewer Page 1 of 6 Resource name(s) or number (assigned by recorder) Security Bank Building P1. Other Identifier: *P2. Location: []Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date _August 28, 2017 *c. Address 888 North Main Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessors Parcel Number 005-185-30 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Security Bank building occupies several lots on the west side of North Main Street, between Civic Center Drive and 10" Street. The property extends west to Sycamore Street, where a surface parking lot is located. Designed in the New Formalism style, the ten -story building consists of an eight -story tower set upon an arcaded, two-story podium. The tower is flat -roofed with a broad fascia; a mechanical penthouse is set back from the roof edges and not visible from nearby streets. Of concrete construction, the exterior walls of the tower are characterized by bays of windows, deeply set within slightly segmental -arched openings, resulting in a honeycomb appearance. Each bay contains a pair of dark -tinted, anodized aluminum -framed windows, separated by a molded concrete mullion. Piers, distinguished from the mullions by their broader width, define ten bays on the east (fagade) and west (rear) elevations and nine bays on the north and south (side) elevations. A single groove also marks each pier while similar grooves subtly define each story. The corners of the tower are fenestrated rather than defined by piers. Each elevation is symmetrical and nearly identical in appearance. (See Continuation Sheet 3 of 6.) *P3b. Resource Attributes: (list attributes and codes) HP7. 3+ story commercial building *P4. Resources Present: ■Building ❑Structure ❑Object []Site ❑District ❑Element of District ❑Other P5a. Photo JIPW IIIIIIIIIII J! LI ���IIIII�IIIII�IIIIIIII1111111111 i��iiililllplll � (IIIIIIIII1111 "����IiIIIl011�1(I IIIIIIII1111111111 '��Iliillllll7lll�[I111111111111111111 ipUIIIUIIIl1111���111111111 •` IIIIIIillllllll�j1i�1r������lli� P5b. Photo: (view and date) View southwest (east and north elevations) August 23, 2017 *P6. Date Constructed/Age and Sources: ■historic 1964-1966/City of Santa Ana Building Permits *P7. Owner and Address: Eastcom Corp 888 North Main Street Santa Ana, CA 92701 *P8. Recorded by: Leslie Heumann/Chattel Inc., for the City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *139. Date Recorded: August 28, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Kaplan Chen Kaplan. Statement of Significance and Description of the Security Bank Building, 888 North Main Street. No date (circa 2017). *Attachments: []None ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record []District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record []Artifact Record []Photograph Record ❑ Other (list) DPR 523A (1/95) 25C-453 *Required information State of California— The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 6 *NRHP Status Code 3S *Resource Name or #: Security Bank Building B1. Historic Name: Security Bank Building B2. Common Name: Same B3. Original Use: Multi -story Commercial B4. Present Use: Vacant *B5. Architectural Style: New Formalism *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1964-1966 October 14, 1964, #7744. [Building]. Carter Co., owner and contractor. $2, 700, 00. August 12, 1964. #7295. Foundation only for office building. Carter Co. $100, 000. August 17, 1964. #7333. Shoring for basement. Carter Co. $68,000. March 16, 1965. #926. Plastering. May 12, 1965. #9635. 2nd floor partitions. Carter Co. $4,000. (See Continuation Sheet 3 of 6.) *137. Moved? ■No ❑Yes MUnknown Date: Original Location: *138. Related Features: None. B9a. Architect: Welton Becket and Associates b. Builder: Carter Company *13110. Significance: Theme Commercial Development and Commercial Architecture Area Santa Ana Period of Significance: 1964-1966 Property Type: Multi -story Commercial Applicable Criteria: All and C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Security Bank Building is historically significant for its association with post -World War 11 development of downtown Santa Ana as the financial headquarters of Orange County and for representing the history of Security Bank, a southern California financial institution for over 100 years. It is also architecturally significant for its New Formalist design by master architect Welton Becket and Associates./n October 1964, the Carter Company applied for a building permit to construct a ten - story bank and office building on Main Street with an estimated value of $2,700,000. The Carter Company, based in Los Angeles and incorporated in 1956, initially functioned solely as a builder of office and industrial buildings, adding ownership and development to their portfolio in the 1960s. Other projects of the company included 3075 Wilshire Boulevard and the Wilshire Court Financial Center, both high-rise buildings in Los Angeles. Building permits for the Main Street property suggest that the shell of the building was completed first, and then as interior spaces were leased, interior partitions were added. The building was described by the Los Angeles Time as adding a "10-story sculptured profile to [the] Santa Ana skyline ("Sculptured Look," Los Angeles Times. April 3, 1966, page 120). When the building opened in November 1966, the value of the property was reportedly $5,000,000. From 1967 through 1996, the building housed professional tenants, including attorneys, insurance agents, investigators, and accountants, as well as the bank. Orange County leased the entire building in 1996 from then owner Eastcom of Newport Beach for a variety of public services. Although numerous interior renovations (See Continuation Sheet 3 of 6.) 1311. Additional Resource Attributes: (List attributes and *13112. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 6.) B13. Remarks: *13114. Evaluator: Leslie Heumann *Date of Evaluation: August 28, 2017 (This space reserved for official comments.) v Security Bank Building 888 North Main Street z� ane Ar. 1n a 09 A.s. ,A-. E0 A3f M. krlp----- —_ 60aS � `$ I 0 O _ I IT All A[.: " Z I AM DPR 523E (1/95) *Required information 25C-454 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Leslie Heumann *Date August 28, 0 Continuation ❑ Update *133a. Description (continued): The ground level podium is divided into three parts. one-story, flat -roofed wings that extend beyond the tower on the north and south and the set -back, central base of the tower. The roofs of the side wings extend beyond the building to form a canopy over the sidewalk. A continuous arcade of segmental arches carried on broad piers spans the central section. Pebble -dash surfaces characterize the arcade, while the first floor of the building, including the side wings, consists almost entirely of window walls framed by anodized aluminum. Currently (2017), some of these windows are missing. The shallow courtyard created by the central setback is paved with large squares of cement or terra cotta tiles, some of these appear to have been replaced. Two young palm trees are planted within the courtyard and are the sole landscaping of the property. Other than the current construction, the property appears to be in relatively good condition and retains a high degree of integrity. *136. Construction History (continued): August 19, 1965. #10472. Metal face sign for Pacific Southwest Realty. $9, 000 August 27, 1965. #10562. 1 wall sign and 2 post signs for E F. Hutton. $1, 500. September 1, 1965. #10582. Interior partitions and entrance door. Carter Co. $5, 000. October 20, 1965. 2 wall signs. $2,400. November 25, 1965. #11250. Interior partitions, 3rtl floor. Carter Co. $2, 000. December 8, 1965.#11332. Interior partitions, 91h floor. Carter Co. $2, 000. December 9, 2017. #11338. Interior partitions, 91h floor. Carter Co. $1,400. January 12, 1966. #11529. Interior partitions, 310 and 4" floors. Carter Co. for Telephone and Telegraph Co. $20, 000. January 14, 1966. #11546. Fire Sprinkler system for Security Bank. $20, 000. January 25, 1966. #11657 Interior alterations on 5" and half of 61h floor. Carter Co. $5, 000. February 15, 1966. #11762. Interior partitions, 8rh floor. Carter Co. $1,000. May 24, 1966. #12667. May 24, 1966. Interior partitions, basement. Carter Co. $15,000. May 24, 1966. #12668. May 24, 1966. Interior partitions, 10" floor. Carter Co. $2, 000. May 25, 1966. #12684. Electric pole sign. Carter Co. $2, 000. June21, 1966. #12878. Interior partitions. Carter Co. $1,000. July 22, 1966. #13090. Interior partitions, 61h floor. Carter Co. $2, 000. September 19, 1966. #13479. Interior partitions. 9rh floor. Carter Co. $5, 000. October 10, 1966. #13611. Interior partitions, 8tb floor. Carter Co. $3,000. October20, 1966. #13667 Interior partitions, Is' floor. Carter Co. $15,000. October28, 1966. #13710. Interior partitions, 101"floor. Carter co. $1,000. November 18, 1966. #13822. Wall signs for Transamerica Title. $1,800. The building opened in November 1966. It had already been reported 70 percent occupied in July 1966. Nonetheless, work on interior partitions continued as various tenants moved into the building or required remodeling. Between January 1967 and August 1988, 22 building permits were issued for interior partitions. Between 1970 and 1993, another 38 permits were issued for various interior remodel and tenant improvements. The building permit files do not contain records for the period between 1994 and 2003. The building was partially re -roofed in 2003. There are currently several building permit applications pending for adaptive reuse. *13110. Significance (continued): were made over the years to accommodate a variety of tenants, the exterior of the building, with the exception of the removal of signage (and the current removal of ground floor windows), has remained remarkably unaltered, as photographs from 1966 and 2008 attest. 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. Early growth was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Also in 1886, Santa Ana incorporated as a city, and in 1889, the city was selected as the seat of the newly created County of Orange. The city grew outwards from the core, with residential neighborhoods developing around the city center and agricultural uses predominating in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Security Bank Building is in the North Main Commercial Corridor, located between the French Park and Willard neighborhoods in the northwest quadrant of the city. The corridor area is bounded Interstate 5 on the north, the eastern property lines of Main Street on the east, Civic Center Drive on the south, and Broadway on the west. By the end of the DPR 523L 25C-455 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial 'Recorded by Leslie Heumann *Date August 28, 0 Continuation ❑ Update *1310. Significance (continued): 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street. By 1906, commercial development had begun to spring up on surrounding and intersecting streets. The 1906 Sanborn maps of North Main Street show a handful of commercial buildings south of 101h Street, mostly in proximity to the Fourth Street corridor, plus a few churches and the high school, but the remainder of the buildings on the street at that time were single-family residences. During the 1920s new construction along north/south arterials such as Main Street and Broadway extended the footprint of downtown even further. The 1949 Sanborn maps illustrate a street well on its way to transforming from primarily residential to mostly commercial uses. While some formerly residential properties were reused as offices, clinics, and retail establishments, other commercial properties were built for the purpose. The west side of Main Street, between Church (Civic Center) and 10`h Street was home to one-story buildings housing used car sales, a gas station and auto repair shop, and furniture shop. The post -World War II years witnessed tremendous growth and prosperity in most southern California communities including Santa Ana, obliterating the remaining agricultural properties and cementing Main Street's new identity as a commercial thoroughfare. A late 1960s Santa Ana Chamber of Commerce annual report rhapsodized. "the striking new structures looming up out of the Civic Center and the handsome high-rises adding luster to the business districts are graphic testimony to Santa Ana's growing importance as the professional and financial center of Orange County." The Chamber of Commerce added, `modern high-rise buildings mushrooming on North Main Street and in other businesses point to Santa Ana's increasingly important position as a regional headquarters for major banking and insurance firms. Among the banks basing regional offices here are Bank of America, Bank of California, First Western, Security Pacific National, southern California First National, United California and Crocker Citizens." The report concludes that `Santa Ana's prominence as the financial center of Orange County and its housing of all the major county government and judicial offices are further positive reasons for its emergence as a `headquarters city" (Circa 1967 Chamber of Commerce Annual Report quoted in Kaplan Chen Kaplan, page 2). The Security Bank Building in Santa Ana was constructed as the Orange County headquarters for the Security Bank. Security Bank was founded in 1889 by Joseph Sartori as the Security Savings Bank and Trust Company in Los Angeles. Its early growth was fueled by acquistions of its competitors, six before World War 1. By 1927, the bank began offering a new product, installment mortgage loans. With the 1929 merger with First National Bank, an immense new financial institution was born, Security First National Bank, with 157 branch offices and $600 million in assets. Another competitor, the historic Farmers and Merchants Bank of Los Angeles, was acquired in 1956. The name of the bank had been shortened to Security Bank by 1966. Aother merger, with the San Francisco bank Pacific National in 1968, resulted in a new name, Security Pacific National Bank. By 1989 the bank was the fifth largest in the United States. This era of growth was reversed in the following years as the bank dealt with setbacks by scaling back operations. In 1991-1992 Security Pacific merged with Bank of America and ceased to exist as an independent entity after 103 years of operation. Architect Welton Becket and Associates, one of the most important architectural firms to emerge from southern California during the twentieth century, designed the Orange County Security Bank headquarters in Santa Ana. According to a recent historical report about the building (Kaplan Chen Kaplan, page 4): Architect Welton Becket and his firm, Welton Becket and Associates, is credited with transforming the cityscape of postwar Southern California with their modern commercial and institutional designs. The Getty Institute describes Becket as `an acclaimed architect whose iconic designs defined the built environment of Los Angeles in the midtwentieth century." As early as the 1930s, Becket embraced the philosophy of "total design," where the architect is responsible for all aspects of design including site planning, engineering, interior spaces and finishes, as well as landscaping. Becket graduated from the University of Washington with a Bachelor of Architecture degree in 1927. The next year he studied in France at the Ecole des Beaux-Arts. His early positions included Chief designer for C. Waldo Powers (1929-1932), and partnerships including Plummer, Wurdeman & Becket, (1933-1938) and Wurdeman & Becket (1938-1949) located in Los Angeles. [Wurdeman and Becket were the designers of the Buffums Department Store, built across the street from the Security Bank site at 909 North Main Street in 1949-1950.1 Becket's prolific partnership with Walter Wurdeman ended due to Wurdeman's untimely death in 1949. In 1949 Becket established Welton Becket and Associates and grew the firm by designing for corporate and institutional clients. The firm was solely owned by Becket and DPR 523L 2 5 C -456 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial 'Recorded by Leslie Heumann *Date August 28, 0 Continuation ❑ Update *1310. Significance (continued): became an example of the newly emerging corporate architectural firm. Before his death in 1969, Becket's firm was one of the largest in the country with around 500 employees. Becket met with all clients, checked all designs and plans and visited job sites. Becket attracted and retained skilled designers who he lead [sic] with his vision of architecture working along the continuum of Modern styles from Streamline Moderne, Later Moderne, and International Style. By the 1960s Welton Becket and Associates was the nation's largest architectural office. Becket and his firm are responsible for dozens of Southern California's significant Modern structures of the postwar era, including the Capitol Records Tower (1956), the Cinerama Dome, the world's first concrete geodesic dome (1964), and the Los Angeles Music Center (1964-1969), Beverly Hilton Hotel (1953-55), Security Pacific National Bank, Westwood (1967), UCLA, various campus buildings (1959-1968), master plan for Century City. In 1952 Becket was elected a Fellow of the American Institute of Architects. Becket and his firm received dozens of local, national and international awards for design and implementation of their designs. The Security Bank Building is an example of one of the Modern architecture substyles that emerged in response to the perceived sterility and ahistoricism of the International Style. New Formalism began in the 1960s and employed proportions, massing, articulation, and detailing derived from Classicism, including symmetry and the suggestion of columns and entablatures. Flat -roofed, frequently with a heavy, overhanging roof slab, New Formalist buildings featured smooth exteriors of concrete, stone, or marble. The usually single volume buildings were either rectangular or circular and often set on podiums. The use of a colonnade as a compositional device, the introduction of arches (often elliptical), and the use of ornamental screens of concrete, metal, and stone also characterize New Formalist buildings. At the same time, buildings designed in a New Formalist style made use of new technologies that allowed for a more plastic and fluid use of concrete. The style was popularized nationally by architects Minoru Yamasaki and Edward Durrett Stone, as well as by Southern California architects including Welton Becket and Associates and Pereira and Associates. The Security Bank Building qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4 for its embodiment of the post -World War H evolution of Santa Ana as the financial headquarters of Orange County and its historical association with a historical Southern California financial institution, Security Bank. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the New Formalism style of architecture and under Criterion 2 as the work in Santa Ana of a notable architect, Welton Becket and Associates, whose work influenced architectural development. Additionally, the property has been categorized as "Landmark" because "it has an historical/cultural significance to the city" for its role in the historical development of Santa Ana as a financial center and its association with Security Bank and because "it has a unique architectural significance" as an example of the New Formalism style of architecture designed by master architect Welton Becket and Associates. Character defining features of the Security Bank Building include: its massing, with a nearly square, tower set atop a podium with side wings, symmetrical compostion, two and ten -story height, flat roofs, edged by broad fasciae, roof overhangs at the side pavilions, exterior materials and textures, including concrete skin of the tower, pebble dash finish of the arcade, anodized aluminum window, door and wall frames, and fluted surfaces along a portion of the first floor, organization and articulation of bays, ground floor arcade, and shallow front courtyard. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WIN 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) and Proquest (Los Angeles Times). *1312. References (continued): DPR 523L 25^-457 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial 'Recorded by Leslie Heumann *Date August 28, 0 Continuation ❑ Update Kaplan Chen Kaplan. Statement of Significance and Description of the Security Bank Building, 888 North Main Street. No date (circa 2017). (`Sculptured Look, "Los Angeles Times, April 3, 1966, page 120 `Security Pacific: A History,"Los Angeles Times, April22, 1992. Santa Ana Chamber of Commerce Annual Report 1967. Santa Ana Public Library, History Room Vertical Files. "Welton Becket Architectural Drawings and Photographs, 1930-1969," httpl/primo.getty. edu/primo_libraryllibweb/action/d/Display. do?vid=GRI&afterPDS=true&institution=01 GRI&docld=GE TTY ALMA21134581100001551. DPR 523L 25^-458 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 29C-459 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 fixture, the essential form and integrity of the structure would be unimpaired. 26C-460 EXHIBIT 26 REQUEST FOR Mal Historic Resources Commission Action U117 hi HISTORIC RESOURCES COMMISSION MEETING DATE: OCTOBER 29, 2020 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2020-17 (MILLS ACT) FOR THE PROPERTY LOCATED AT 888 NORTH MAIN STREET Prepared by Jill Arabe, AICP HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executive Director Planniig Manag 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 888 TOWER APARTMENTS, LLC, for the property located at 888 North Main Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). Request of Applicant 888 TOWER APARTMENTS, LLC, a Delaware limited liability company, is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing commercial building located at 888 North Main Street that is currently listed on the Santa Ana Register of Historical Properties. Project Location and Site Description The subject property, known as the Security Bank Building, consists of an existing ten -story New Formalism style building that is approximately 114,365 square feet in size on a 60,468-square-foot commercial lot (Exhibit 2). The commercial building was added to the Santa Ana Register of Historical Properties in 2017 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 25C-461 HPPA No. 2020-17 October 29, 2020 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 2017, the Historic Resources�Commission placed the Security Bank Building on the historical register and within the Landmark category. Character -defining features of the Security Bank Building determined architecturally significant included: its massing, with a nearly square, tower set atop a podium with side wings; symmetrical composition; two and ten -story height; flat roofs, edged by broad fasciae; roof overhangs at the side pavilions; exterior materials and textures, including concrete skin of the tower, pebble dash finish of the arcade, anodized aluminum window, door and wall frames, and fluted surfaces along a portion of the first floor; organization and articulation of bays; ground floor arcade; and shallow front courtyard. The Security Bank Building qualified for listing under Criterion 4 of Sec. 30-2, of the Santa Ana Municipal Code (SAMC), in that it embodied the post -World War II evolution of Santa Ana as the financial headquarters of Orange County and association with Security Bank, a historical Southern California financial institution. Additionally, the building was categorized as Landmark for its "unique architectural significance" as an example of the New Formalism style of architecture designed by master architect Welton Becket and Associates. The property has no identified unauthorized modifications. It is currently undergoing renovations for the adaptive reuse of the building for multifamily residential. Construction is anticipated to be completed before the end of the year. 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-2020-76 will be filed for this project. Jill ra IC Senior Planner JA:sb S:1H1storic Resources Commission12020110-29-201888 N. Main Street- Security Bank BulldinglStaff Report- 888 N Main Street.docx Exhibits 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 888 North Main Street 25C-462 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 888 TOWER APARTMENTS, LLC, a Delaware limited liability company, (hereinafter collectively referred to as "Owner"), owners of real property located at 888 North Main 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 888 North Main 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. 25C-463 MILLSACTAGREEMENT 888 North Main Street Santa Ana, CA 92701 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 i 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 November 18, 2020, 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 nomenewal 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 nomenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nomenewal. 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. 2k-464 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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. e. 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 Yz) percent by Government Code Section 50286) of the current fair market value of the ZSC-465 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 888 North Main Street, Assessor Parcel Number, 005-185-30, 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 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, 25"'�-466 MILLSACTAGREEMENT 888 North Main Street Santa Ana, CA 92701 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: 888 TOWER APARTMENTS, LLC, a Delaware limited liability company 888 North Main 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. 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 ZSC-467 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 9270I 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. 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) ATTEST: CITY OF SANTA ANA 26C-468 DAISY GOMEZ Clerk of the Council OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: LISA STORCK Assistant City Attorney MILLSACTAGPEEMENT 888 North Main Street Santa Ana, CA 92701 KRISTINE RIDGE City Manager By: 888 TOWER APARTMENTS, LLC, a Delaware limited liability company RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency 2-3C-469 MILLS A CT A GREEMENT 888 North Main Street Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION The Land referred to herein below is situated in the City of Santa Ana, County of Orange, State of California, and is described as follows: THAT PORTION OF THE LAND ALLOTTED TO JACOB ROSS, IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK 'B" OF JUDGMENTS OF THE 127TH JUDICIAL DISTRICT COURT OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF BLOCK "E" OF SPURGEONS ADDITION TO SANTA ANA, AS PER MAP RECORDED IN BOOK 1 PAGE 56 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE WEST 250.00 FEET ALONG THE NORTH LINE OF SAID BLOCK, AND PROLONGATIONS THEREOF, TO THE EAST LINE OF SYCAMORE STREET, AS PER MAP RECORDED IN BOOK 1 PAGE 65 OF SAID MISCELLANEOUS MAPS; THENCE NORTH ALONG SAID EAST LINE TO THE LINE DESCRIBED IN BOUNDARY LINE AGREEMENT BETWEEN WAYLAND WOOD AND MARTHA M. MEDLOCK, AND OTHERS, RECORDED APRIL 11, 1936 IN BOOK 819, PAGE 197, OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE EASTERLY ALONG SAID AGREEMENT LINE TO THE WEST LINE OF MAIN STREET, AS SHOWN ON SAID MAPS; THENCE SOUTH ALONG SAID WEST LINE TO THE POINT OF BEGINNING. EXCEPT THE STRIP OF LAND LYING SOUTH OF THE DIVIDING LINE ESTABLISHED IN THE AGREEMENT BETWEEN LYDIA C. SMART AND THE FIRST NATIONAL BANK OF SANTA ANA, RECORDED DECEMBER 14, 1931 IN BOOK 522 PAGE 341, OF SAID OFFICIAL RECORDS, SAID STRIP TO TERMINATE WESTERLY ON A LINE PARALLEL WITH AND EASTERLY 125.00 FEET FROM SAID EAST LINE OF SYCAMORE STREET. Assessor's Parcel Number: 005-185-30 25C-470 EXECUTIVE SUMMARY Security Bank Building 888 North Main Street Santa Ana, CA 92701 NAME Security Bank Building REF. NO. ADDRESS 888 North Main Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1964-1965 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT None NEIGHBORHOOD North Main Commercial Corridor CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 & CALIFORNIA REGISTER STATUS CODE 3S Location: ❑ Not for Publication M Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: New Formalism New Formalism began in the 1960s as a rejection of the strict Modernism that had stripped buildings of all ornamentation. New Formalism employed highly stylized forms based on Classical precedents in terms of building proportion and scale, and featured strict symmetry and the suggestion of columns and entablatures. Flat -roofed, frequently with a heavy, overhanging roof slab, New Formalist buildings featured smooth exteriors of concrete, stone, or marble. The usually single volume buildings were either rectangular or circular and often set on podiums. The use of a colonnade as a compositional device, the introduction of arches (often elliptical), and the use of ornamental screens of concrete, metal, and stone also characterize New Formalist buildings. At the same time, buildings designed in a New Formalist style made use of new technologies that allowed for a more plastic and fluid use of concrete. The style was popularized nationally by architects Minoru Yamasaki and Edward Durrell Stone, as well as by Southern California architects including Welton Becket and Associates and Pereira and Associates. SUMMARY/CONCLUSION: The Security Bank Building qualifies for listing on the Santa Ana Register of Historical Properties under Criterion 4 for its embodiment of the post -World War II evolution of Santa Ana as the financial headquarters of Orange County and its historical association with a historical southern California financial institution, Security Bank. It also qualifies for listing on the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the New Formalism style of architecture and under Criterion 2 as the work in Santa Ana of a notable architect, Welton Becket and Associates, whose work influenced architectural development. Additionally, the property has been categorized as "Landmark" because "it has an historical/cultural significance to the city" for its role in the historical development of Santa Ana as a financial center and its association with Security Bank, and because "it has a unique architectural significance" as an example of the New Formalism style of architecture designed by master architect Welton Becket and Associates. EXHIBIT B 25C-471 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.) 3S: Eligible for the National Register. • 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. 25C-472 State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Page 1 of 6 Other Listings Review Code or Primary # HRI # NRHP Status Code P1. Other Identifier: *132. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: August 28, 2017 *c. Address 888 North Main Street City Santa Ana Zip 92701 *a. Other Locational Data: Assessors Parcel Number 005-185-30 *133a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Security Bank building occupies several lots on the west side of North Main Street, between Civic Center Drive and 101^ Street. The property extends west to Sycamore Street, where a surface parking lot is located. Designed in the New Formalism style, the ten -story building consists of an eight -story tower set upon an arcaded, two-story podium. The tower is flat -roofed with a broad fascia; a mechanical penthouse is set back from the roof edges and not visible from nearby streets. Of concrete construction, the exterior walls of the tower are characterized by bays of windows, deeply set within slightly segmental -arched openings, resulting in a honeycomb appearance. Each bay contains a pair of dark -tinted, anodized aluminum -framed windows, separated by a molded concrete mullion. Piers, distinguished from the mullions by their broader width, define ten bays on the east (fagade) and west (rear) elevations and nine bays on the north and south (side) elevations. A single groove also marks each pier while similar grooves subtly define each story. The corners of the tower are fenestrated rather than defined by piers. Each elevation is symmetrical and nearly identical in appearance. (See Continuation Sheet 3 of 6.) *P3b. Resource Attributes: (list attributes and codes) HP7. 3+story commercial building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other * r . Axa j J!l�� li# P5b. Photo: (view and date) View southwest (east and north elevations) August 23, 2017 *P6. Date Constructed/Age and Sources: ■historic 1964-1966/City of Santa Ana Building Permits *P7. Owner and Address: Eastcom Corp 888 North Main Street Santa Ana, CA 92701 *P8. Recorded by: Leslie Neuman/Chattel Inc., for the City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: August 28, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Kaplan Chen Kaplan. Statement of Significance and Description of the Security Bank Building, 888 North Main Street. No date (circa 2017). *Attachments: []None []Location Map ❑Sketch Map ■Continuation Sheet EBuilding, Structure, and Object Record OArchaeological Record []District Record []Linear Feature Record ❑Milling Station Record []Rock Art Record OArtifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) *Required information 25C-473 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 6 *NRHP Status Code 3S *Resource Name or #: Security Bank Building 61. Historic Name: Security Bank Building B2. Common Name: Same B3. Original Use: Multi -story Commercial B4. Present Use: Vacant *B5. Architectural Style: New Formalism *86. Construction History: (Construction date, alterations, and date of alterations): Constructed 1964-1966 October 14, 1964, 97744. [Building]. Carter Co., owner and contractor. $2,700,00. August 12, 1964. #7295. Foundation only for office building. Carter Co. $100,000. August 17, 1964. #7333. Shoring forbasement. Carter Co. $68,000. March 16, 1965. #926. Plastering. May 12, 1965. #9635. 20d floor partitions. Carter Co. $4,000. (See Continuation Sheet 3 of 6.) *87. Moved? ENO MYes ❑Unknown Date: Original Location: *138. Related Features: None. 69a. Architect: Welton Becket and Associates b. Builder: Carter Company *B90. Significance: Theme Commercial Development and Commercial Architecture Area Santa Ana Period of Significance: 1964-1966 Property Type: Multi -story Commercial Applicable Criteria: All and C13 (Discuss importance In terms of historical or architectural context as dented by theme, period, and geographic scope. Also address integrity) The Security Bank Building is historically significant for its association with post -World War II development of downtown Santa Ana as the financial headquarters of Orange County and for representing the history of Security Bank, a southern California financial institution for over 100 years. It is also architecturally significant for its New Formalist design by master architect Welton Becket and Associates.ln October 1964, the Carter Company applied for a building permit to construct a ten - story bank and office building on Main Street with an estimated value of $2,700,000. The Carter Company, based in Los Angeles and incorporated in 1956, initially functioned solely as a builder of office and industrial buildings, adding ownership and development to their portfolio in the 1960s. Other projects of the company included 3075 Wilshire Boulevard and the Wilshire Court Financial Center, both high-rise buildings in Los Angeles. Building permits for the Main Street property suggest that the shell of the building was completed first, and then as interior spaces were leased, interior partitions were added. The building was described by the Los Anne/es Time as adding a "10-story sculptured profile to [the] Santa Ana skyline ("Sculptured Look," Los Angeles Times, April 3, 1966, page 120). When the building opened in November 1966, the value of the property was reportedly $5,000,000. From 1967 through 1996, the building housed professional tenants, including attorneys, insurance agents, investigators, and accountants, as well as the bank. Orange County leased the entire building in 1996 from then owner Eastcom of Newport Beach for a variety of public services. Although numerous interior renovations (See Continuation Sheet 3 of 6.) 1311. Additional Resource Attributes: (List attributes and *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 6.) B13. Remarks: *814. Evaluator: Leslie Heumann *Date of Evaluation: August 28, 2017 (This space reserved for official comments.) DPR 523E (1195) v " Security Bank Building 888 North Main Street r� a.ais AC. zr T d A4. O.d46O py5onr. Qd O SPURG Ni S n 0 25 a 0 *Required information 25C-474 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 6 Resource Name: Security Bank Building *Recorded by Leslie Heumann O Continuation ❑ Update *123a. Description (continued): *Date August 28, 2017 The ground level podium is divided into three parts: one-story, flat -roofed wings that extend beyond the tower on the north and south and the set -back, central base of the tower. The roofs of the side wings extend beyond the building to form a canopy over the sidewalk. A continuous arcade of segmental arches carried on broad piers spans the central section. Pebble -dash surfaces characterize the arcade, while the first floor of the building, including the side wings, consists almost entirely of window walls framed by anodized aluminum. Currently (2017), some of these windows are missing. The shallow courtyard created by the central setback is paved with large squares of cement or terra colts tiles; some of these appear to have been replaced. Two young pahn trees are planted within the courtyard and are the sole landscaping of the property. Other than the current construction, the property appears to be in relatively good condition and retains a high degree of integrity. *136. Construction History (continued): August 19, 1965. #10472. Metal face sign for Pacific Southwest Realty. $9,000 August 27, 1965. 910562. 1 wall sign and 2 post signs for E. F. Hutton. $1,500. September 1, 1965. #10582. interior partitions and entrance door. Carter Co. $5,000. October 20, 1965. 2 wall signs. $2,400. November 25, 1965. #11250. Interior partitions, 31d floor. Carter Co. $2, 000. December 8, 1965.911332. Interior partitions, 90 floor. Carter Co. $2,000. December 9, 2017. #11338. Interior partitions, 90 floor. Carter Co. $1,400. January 12, 1966. #11529. Interior partitions, 3'd and 0 floors. Carter Co. for Telephone and Telegraph Co. $20,000, January 14, 1966. #11546. Fire Sprinkler system for Security Bank. $20,000. January 25, 1966. #11657. Interior alterations on 5th and half of 611 floor. Carter Co. $5,000. February 15, 1966. #11762. Interior partitions, 8th floor. Carter Co. $1,000. May 24, 1966. #12667. May 24, 1966. Interior partitions, basement. Carter Co. $15,000. May 24, 1966. #12668. May 24, 1966. Interior partitions, 10th floor. Carter Co. $2,000. May 25, 1966. #12684. Electric pole sign. Carter Co. $2,000. June 21, 1966. #12678. Interior partitions. Carter Co. $1,000. July 22, 1966. #13090. Interior partitions, 61h floor. Carter Co. $2,000. September 19, 1966. #13479. Interior partitions. 9' floor. Carter Co. $5,000. October 10, 1966. #13611. Interior partitions, 80 floor. Carter Co. $3,000. October 20, 1966. #13667. Interior partitions, 1st floor. Carter Co. $15,000. October 28, 1966. #13710. Interior partitions, 10th floor. Carter co. $1,000. November 18, 1966. #13822. Wall signs for Transamerica Title. $1,800. The building opened in November 1966. It had already been reported 70 percent occupied in July 1966. Nonetheless, work on interior partitions continued as various tenants moved into the building or required remodeling. Between January 1967 and August 1988, 22 building permits were issued for interior partitions. Between 1970 and 1993, another 38 permits were issued for various interior remodel and tenant improvements. The building permit files do not contain records for the period between 1994 and 2003. The building was partially re -roofed in 2003. There are currently several building permit applications pending for adaptive reuse. *1310. Significance (continued): were made over the years to accommodate a variety of tenants, the exterior of the building, with the exception of the removal of signage (and the current removal of ground floor windows), has remained remarkably unaltered, as photographs from 1966 and 2008 attest. 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. Early growth was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Also in 1886, Santa Ana incorporated as a city, and in 1889, the city was selected as the seat of the newly created County of Orange. The city grew outwards from the core, with residential neighborhoods developing around the city center and agricultural uses predominating in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Security Bank Building is in the North Main Commercial Corridor, located between the French Park and WIlard neighborhoods in the northwest quadrant of the city. The corridor area is bounded Interstate 5 on the north, the eastern property lines of Main Street on the east, Civic Center Drive on the south, and Broadway on the west. By the end of the DPR 523E 25C-475 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Resource Name: *Recorded by Leslie Heumann *Date August 28, O Continuation ❑ Update *1310. Significance (continued): 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street. By 1906, commercial development had begun to spring up on surrounding and Intersecting streets. The 1906 Sanborn maps of North Main Street show a handful of commercial buildings south of 10h Street, mostly in proximity to the Fourth Street corridor, plus a few churches and the high school, but the remainder of the buildings on the street at that time were single-family residences. During the 1920s new construction along north/south arterials such as Main Street and Broadway extended the footprint of downtown even further. The 1949 Sanborn maps Illustrate a street well on its way to transforming from primarily residential to mostly commercial uses. While some formerly residential properties were reused as offices, clinics, and retail establishments, other commercial properties were built for the purpose. The west side of Main Street, between Church (Civic Center) and 10th Street was home to one-story buildings housing used car sales, a gas station and auto repair shop, and furniture shop. The post -World War Il years witnessed tremendous growth and prosperity in most southern California communities including Santa Ana, obliterating the remaining agricultural properties and cementing Main Street's new Identity as a commercial thoroughfare. A late 1960s Santa Ana Chamber of Commerce annual report rhapsodized: "the striking new structures looming up out of the Civic Center and the handsome high-rises adding luster to the business districts are graphic testimony to Santa Ana's growing importance as the professional and financial center of Orange County." The Chamber of Commerce added, "modern high-rise buildings mushrooming on North Main Street and In other businesses point to Santa Ana's increasingly important position as a regional headquarters for major banking and insurance firms. Among the banks basing regional offices here are Bank of America, Bank of California, First Western, Security Pacific National, southern California First National, United California and Crocker Citizens." The report concludes that "Santa Ana's prominence as the financial center of Orange County and its housing of all the major county government and judicial offices are further positive reasons for its emergence as a 'headquarters city" (Circa 1967 Chamber of Commerce Annual Report quoted in Kaplan Chen Kaplan, page 2). The Security Bank Building in Santa Ana was constructed as the Orange County headquarters for the Security Bank. Security Bank was founded in 1889 by Joseph Sartori as the Security Savings Bank and Trust Company in Los Angeles. Its early growth was fueled by acquistions of its competitors, six before World War I. By 1927, the bank began offering a new product, installment mortgage loans. With the 1929 merger with First National Bank, an immense new financial institution was born, Security First National Bank, with 157 branch offices and $600 million in assets. Another competitor, the historic Farmers and Merchants Bank of Los Angeles, was acquired in 1956. The name of the bank had been shortened to Security Bank by 1966. Aother merger, with the San Francisco bank Pacific National in 1968, resulted in a new name, Security Pacific National Bank. By 1989 the bank was the fifth largest in the United States. This era of growth was reversed in the following years as the bank dealt with setbacks by scaling back operations. In 1991-1992 Security Pacific merged with Bank of America and ceased to exist as an independent entity after 103 years of operation. Architect Welton Becket and Associates, one of the most important architectural firms to emerge from southern California during the twentieth century, designed the Orange County Security Bank headquarters in Santa Ana. According to a recent historical report about the building (Kaplan Chen Kaplan, page 4): Architect Welton Becket and his firm, Welton Becket and Associates, is credited with transforming the cityscape of postwar Southern California with their modern commercial and institutional designs. The Getty Institute describes Becket as "an acclaimed architect whose iconic designs defined the built environment of Los Angeles in the midtwentieth century." As early as the 1930s, Becket embraced the philosophy of "total design, " where the architect is responsible for al/ aspects of design including site planning, engineering, interior spaces and finishes, as well as landscaping. Becket graduated from the University of Washington with a Bachelor of Architecture degree in 1927. The next year he studied in France at the Eco/e des Beaux-Arts. His early positions included Chief designer for C. Waldo Powers (1929-1932); and partnerships including Plummer, Wurdeman & Becket, (1933-1938) and Wurdeman & Becket (1938-1949) located in Los Angeles. (Wurdeman and Becket were the designers of the Buffums Department Store, built across the street from the Security Bank site at 909 North Main Street in 1949-1950.1 Becket's prolific partnership with Walter Wurdeman ended due to Wurdeman's untimely death in 1949. In 1949 Becket established Welton Becket and Associates and grew the firm by designing for corporate and institutional clients. The firm was solely owned by Becket and DPR 523L 25C-476 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial *Recorded by Leslie Heumann ® Continuation ❑ Update *1310. Significance (continued): *Date August 28, became an example of the newly emerging corporate architectural firm. Before his death in 1969, Becket's firm was one of the largest in the country with around 500 employees. Becket met with all clients, checked all designs and plans and visited job sites. Becket attracted and retained skilled designers who he lead [sic] with his vision of architecture working along the continuum of Modern styles from Streamline Moderne, Later Moderns, and international Style. By the 1960s Welton Becket and Associates was the nation's largest architectural office. Becket and his firm are responsible for dozens of Southern California's significant Modern structures of the postwar era, including the Capitol Records Tower (1956); the Cinerama Dome, the world's first concrete geodesic dome (1964); and the Los Angeles Music Center (1964-1969), Beverly Hilton Hotel (1953-55); Security Pacific National Bank, Westwood (1967); UCLA, various campus buildings (1959-1968); master plan for Century City. In 1952 Becket was elected a Fellow of the American Institute of Architects. Becket and his firm received dozens of local, national and international awards for design and implementation of their designs. The Security Bank Building is an example of one of the Modern architecture substyles that emerged in response to the perceived sterility and ahistoricism of the International Style. New Formalism began in the 1960s and employed proportions, massing, articulation, and detailing derived from Classicism, including symmetry and the suggestion of columns and entablatures. Flat -roofed, frequently with a heavy, overhanging roof slab, New Formalist buildings featured smooth exteriors of concrete, stone, or marble. The usually single volume buildings were either rectangular or circular and often set on podiums. The use of a colonnade as a compositional device, the introduction of arches (often elliptical), and the use of ornamental screens of concrete, metal, and stone also characterize New Formalist buildings. At the same time, buildings designed in a New Formalist style made use of new technologies that allowed for a more plastic and fluid use of concrete. The style was popularized nationally by architects Minoru Yamasaki and Edward Durrell Stone, as well as by Southern California architects including Welton Becket and Associates and Pereira and Associates. The Security Bank Building qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4 for its embodiment of the post -World War 11 evolution of Santa Ana as the financial headquarters of Orange County and its historical association with a historical Southern California financial institution, Security Bank. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the New Formalism style of architecture and under Criterion 2 as the work in Santa Ana of a notable architect, Welton Becket and Associates, whose work influenced architectural development. Additionally, the property has been categorized as "Landmark" because 'tit has an historical/cultural significance to the city" for its role in the historical development of Santa Ana as a financial center and its association with Security Bank and because 'it has a unique architectural significance" as an example of the New Formalism style of architecture designed by master architect Welton Becket and Associates. Character defining features of the Security Bank Building include: its massing, with a nearly square, tower set atop a podium with side wings; symmetrical compostion; two and ten -story height; flat roofs, edged by broad fasciae; roof overhangs at the side pavilions; exterior materials and textures, including concrete skin of the tower, pebble dash finish of the arcade, anodized aluminum window, door and wall frames, and fluted surfaces along a portion of the first floor; organization and articulation of bays; ground floor arcade; and shallow front courtyard. *1312. 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) and Proquest (Los Angeles Times). *B12. References (continued): DPR 523E 25C-477 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Paae 6 of 6 Resource Name: Security Bank Building *Recorded by Leslie Neuman © Continuation ❑ Update *Date August 28, 2017 Kaplan Chen Kaplan. Statement of Significance and Description of the Security Bank Building, 888 North Main Street. No date (circa 2017). ("Sculptured Look, "Los Angeles Times, April3, 1966, page 120 "Security Pacific: A History," Los Angeles Times April 22, 1992. Santa Ana Chamber of Commerce Annual Report 1967. Santa Ana Public Library, History Room Vertical Files. "Welton Becket Architectural Drawings and Photographs, 1930-1959," httpd/primo.getty.edu/primo_Iibrary,libweb/action/dlDisplay. do?vid=GRl&afterPDS=true&institution=01 GRI&docld=GE TTY ALMA21134581100001551. DPR 523L w 5 C -47 8 MILLS ACT AGREEMENT 888 North Main Street Santa Ana, CA 92701 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 ZSC-479 MILLSACTAGREEMENT 888 North Main Street Santa Ana, CA 92701 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. 26C-480 HPPA 2020-17 888 NORTH MAIN STREET SECURITY BANK BUILDING PLANNING AND BUILDING AGENCY EX"C2481 HPPA-2020-17 SECURITY BANK BUILDING 888 NORTH MAIN STREET SITE PHOTOS EXHIBIT 3 25C-482