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HomeMy WebLinkAboutItem 23 - Approval of Historic Property Preservation Agreements Planning and Building Agency www.santa-ana.org/planning-and-building Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report May 7, 2024 TOPIC: Approval of Historic Property Preservation Agreements AGENDA TITLE Historic Property Preservation Agreements for the Properties Located at 925 N. Lowell Street, 801 N. Minter Street, and 944 W. Buffalo Avenue RECOMMENDED ACTION Authorize the City Manager to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s), subject to non- substantive changes approved by the City Manager and City Attorney (includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemptions ER Nos. 2023- 121, 2023-131, and 2024-01 will be filed). Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote & Date by HRC Kelly S. Thomas and Bethany S. Thomas, Trustees of the Thomas Living Trust Dated March 28, 2022 (Agreement No. A- 2024-XXX) 2023-12 925 N. Lowell Street 7:0:0:1 (Commissioner Cornelious absent) – January 11, 2024 Arcelia Gutierrez Velazco and Benjamin Rodriguez (Agreement No. A-2024-XXX) 2023-13 801 N. Minter Street 6:0:0:2 (Commissioners Cornelious and Escamilla absent) – March 7, 2024 Daniel Robert and Jessica Lee Neumann (Agreement No. A- 2024-XXX) 2024-01 944 W. Buffalo Avenue 6:0:0:2 (Commissioners Cornelious and Escamilla absent) – March 7, 2024 GOVERNMENT CODE §84308 APPLIES: Yes Approval of Historic Property Preservation Agreements May 7, 2024 Page 2 4 1 6 0 DISCUSSION On January 11, 2024 and March 7, 2024, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1, above, 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. 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. 2023-121 (925 N. Lowell Street) •ER No. 2023-131 (801 N. Minter Street) •ER No. 2024-01 (944 W. Buffalo Avenue) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $2,709.58 annually noted below, for a period of not less than ten years. HPPA No.Address Estimate Exhibit No. 2023-12 925 N. Lowell Street $622.99 1-2 2023-13 801 N. Minter Street $1,073.00 3-4 2024-01 944 W. Buffalo Avenue $1,013.59 5-6 Total for All Properties:$2,709.58 EXHIBIT(S) 1. Mills Act Agreement – 925 N. Lowell Street 2. HRC Staff Report – 925 N. Lowell Street 3. Mills Act Agreement – 801 N. Minter Street 4. HRC Staff Report – 801 N. Minter Street 5. Mills Act Agreement – 944 W. Buffalo Avenue 6. HRC Staff Report – 944 W. Buffalo Avenue Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Alvaro Nuñez, Acting City Manager 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 Kelly S. Thomas and Bethany S. Thomas, Trustees of the Thomas Living Trust Dated March 28, 2022, (hereinafter collectively referred to as “Owner”), owner of real property located at 925 North Lowell 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 925 North Lowell 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. Exhibit 1 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 2 - E.Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 8, 2024, 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 “Executive Summary” attached hereto, marked as Exhibit B1, and “Historical Property Description” attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 3 - 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f.Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” Repair in-kind all wood windows as needed and replace wood rot that is beyond repair to match existing, front door replacement with a compatible door design, and existing rough stucco to be removed and restored to a smooth stucco with trowel pattern, shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 4 - 4.Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a.The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the 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. MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 5 - 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 925 North Lowell Street, Assessor Parcel Number, 405-183-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b.City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c.This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or t he owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 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 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 6 - Owners: Kelly S. Thomas and Bethany S. Thomas, Trustees of the Thomas Living Trust Dated March 28, 2022 Attn: Kelly S. Thomas and Bethany S. Thomas 925 North Lowell 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. 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. MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 7 - 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} MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 -8- ATTEST:CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL THOMAS R. HATCH City Clerk Interim City Manager OWNERS Date: ___________________ By:__________________ KELLY S. THOMAS Trustee of the Thomas Living Trust Dated March 28, 2022 Date: ___________________ By:__________________ BETHANY S. THOMAS Trustee of the Thomas Living Trust Dated March 28, 2022 APPROVED AS TO FORM:RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: __________________________________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency y: ____________________________________________________________________________________________________________________________ RRRRRRRRRRRRRANANANANANNANANANANANNNANNDON SALVATIERRA MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPRETY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 43 OF TRACT NO. 455, FLOWER SQUARE, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE COUNTY, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor’s Parcel Number: 405-183-01 EXECUTIVE SUMMARY Woitke House 925 North Lowell Street Santa Ana, CA 92703 NAME Woitke House REF. NO. ADDRESS 925 North Lowell Street CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive 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: Mission/Spanish 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 espadaña); 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 decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Woitke House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Spanish Revival style residential building. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(3)). EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. •It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation. Exhibit B 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 _5_ Resource name(s) or number (assigned by recorder) Woitke House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 925 North Lowell Street City: Santa Ana Zip: 92703 *e. Other Locational Data: Assessor’s Parcel Number 405-183-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Woitke House is a one story, single-family, Spanish Revival Style residence located on a modestly sized parcel in the Washington Square neighborhood (Figure 1). The asymmetrical residence exhibits a rectangular-shaped plan with a hipped roof clad in clay tiles that has a flat roof at its center. The roof has minimal eave overhang. The exterior of the house is clad in a coarse/textured stucco finish. The primary (west) façade is divided into three bays. A partially enclosed covered patio with multiple arched openings encloses the northern two bays, which features a tripartite wood window and the main entrance. The tripartite window has two casement windows with a centered fixed window and upper multi-light transoms at all three window segments (Figure 2). The main entrance door is composed of a single wood frame door with obscure glass, including metal hardware and decorative metal ornamentation fixed to the door’s exterior (Figure 3). The southern third bay contains a smaller version of the tripartite wood window that is located in the front porch. (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (West) elevation, view east, August 2023 *P6. Date Constructed/Age and Sources: historic 1928/ Orange County Assessor’s *P7. Owner and Address: Kelly and Bethany Thomas 925 North Lowell Street Santa Ana, CA 92703 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 11, 2024 *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)*Required information P5a. Photo State of California ⎯⎯ The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code_5S3_________________________ *Resource Name or #: Woitke House B1. Historic Name: Woitke House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Spanish Revival Style *B6. Construction History: (Construction date, alterations, and date of alterations): 1928. Original building permit not uncovered. November 1, 1939. Reroof residence. $65. January 8, 1991. Add bathroom. January 15, 1991. Reroof residence. $2,500. December 20, 2019. Stucco and roof repair. $8,000. March 16, 2021. Remove a non-bearing partition wall to enlarge kitchen. November 28, 2023. Legalize kitchen window (north façade) change out that occurred in 2021: removal of two wood hung windows and one centered casement window and replacement with a compatible, single wood window with a multi-light transom to match original window style on the primary façade. Unknown. Front, side (north), and rear door replacement; restucco exterior with coarse/textured stucco; garage door replacement. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached garage, partially enclosed patio at front façade, north side yard patio, north side yard hedge, and two mature palm trees, shrubs, bushes, lawn, and small-and-medium sized trees in front yard. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1928 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 Woitke House is architecturally significant as an intact example of a Spanish Revival style house in Santa Ana. The original building permit was not uncovered, however County Assessor's data notes its build date as 1928. The address first appears in city directories in 1929. The original architect and builder are unknown. From 1929 to 1932, the subject property was owned by F E Woitke. Russell Munro occupied the property for one year in 1933. From 1934 to 1935, E E Sidnam owned the property. D D Hilyard then bought the property and resided in it from 1936 to 1944. The property is listed as "vacant" in the 1945 city directory and there was no city directory available for 1946. From 1947 to at least 1962, G N Ginther owned the property. No records were available between 1963 and 1964, and in 1965 the address is not listed in the city directory. No records were available from 1966 to 1978, and the address was not listed in 1979-1990. (See Continuation Sheet 3 of 5). 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 5.) B13. Remarks: None *B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: January 11, 2024 Sketch Map (This space reserved for official comments.) Woitke House 925 North Lowell Street State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 5_Resource Name: Woitke House *Recorded by Andrea Dumovich Heywood *Date January 11, 2024⌧ Continuation  Update DPR 523L DPR 523B (1/95)*Required information *P3a. Description (continued): Fenestration on the side (north) façade features a mix of window types, including paired, single-light casement wood windows; a wide fixed wood window with upper multi-light transoms; a tripartite wood-frame multi-light side door with a central door flanked by narrower doors that is located within an arched recessed porch; and one-over-one double-hung wood windows (Figures 4 and 5). Similarly, the side (south) façade’s fenestration is a mix of double-hung wood windows and fixed wood windows. The rear (east) façade contains single-light casement wood windows, a fixed wood window, and double-hung wood windows, along with two wood doors, one of which is a multi-light door and the other has a single upper light (Figure 6). All windows throughout the residence contain a prominent wood window sill. Additional architectural features include terra cotta tile flooring at the main entrance walkway, font and side porches, and rear entrance steps; decorative tiles within the terra cotta flooring. The rear yard contains a single-story, detached garage with a square footprint and a flat roof with parapet. Clay tile coping wraps around the garage’s parapet roofline, with a clay tile roof awning at the primary (north) façade. Garage fenestration consists of a metal roll up door at the primary (north) façade, and a wood door and fixed wood window at the side (west) facade (Figure 7). The property is landscaped with a front lawn, two mature palm trees that flank the entrance walkway, additional medium-sized mature trees, along with shrubs, bushes, small palm trees and succulents. A tall, manicured hedge wraps around the side (north) façade, which is contained by a small metal fence. *B10. Significance (continued): In the 1999-2000 Criss-Cross directory, Herbert McCoy is listed as the building occupant. The present-day owners, Kelly and Bethany Thomas, have owned the property since 2003. No additional information was uncovered regarding the past owners and tenants. The Woitke House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Woitke House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style style home in Santa Ana. Located in Washington Square, the house was built in 1928. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(3)). Character-defining features of the Woitke House include, but may not be limited to: Rectangular-shaped building footprint and massing; asymmetrical primary façade; hipped roof clad in clay tiles that has a flat roof at its center; minimal eave overhang; original smooth stucco siding (to be restored with or without trowel pattern); a partially enclosed covered patio at the primary façade with multiple arched openings; a covered patio at the side (north) facade with an arched opening; two tripartite wood windows at the primary (west) façade that each contain two casement windows with a centered fixed window and upper multi-light transoms at all three window segments; additional windows including single-light casement wood windows, a tripartite wood-frame multi-light side door with a central door flanked by narrower doors, fixed wood windows, one-over-one double-hung wood windows; rear, single and multi-light wood-frame doors; prominent wood window sill on all original windows; terra cotta tile flooring at the main entrance walkway, font and side porches, and rear entrance steps; decorative tiles within the terra cotta flooring; detached garage with a flat roof and parapet that has clay tile coping and a clay tile roof awning at the primary (north) façade; and front yard landscaping including small and mature palm trees and succulents. State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 5_Resource Name: Woitke House *Recorded by Andrea Dumovich Heywood *Date January 11, 2024⌧ Continuation  Update DPR 523L *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 Newspapers.com (Orange County Register and 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, 1928-2008. Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 5_Resource Name: Woitke House *Recorded by Andrea Dumovich Heywood *Date January 11, 2024⌧ Continuation  Update DPR 523L Additional Figures: Figure 2. Original tripartite window that has two casement windows with a centered fixed window and upper multi-light transoms at all three window segments, facing northeast. Figure 3. Main entrance door that is composed of a single wood frame door with obscure glass, including metal hardware and decorative metal ornamentation fixed to the door’s exterior, facing east. Figure 4. Fixed wood window with upper multi-light transoms, facing south. Figure 5. Tripartite wood-frame multi-light side door with a central door flanked by narrower doors, facing south. Figure 6. The rear (east) façade’s wood door with a single upper light and an adjacent fixed wood window, facing west. Figure 7. Detached garage with a flat roof with parapet. Clay tile coping wraps around the garage’s parapet roofline, with a clay tile roof awning), facing south. MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Proposed Structure Improvements (“Work Plan”) 925 North Lowell Street Item Year Improvement 1 2024 Replace electrical knob and tube wiring 2 2024 Replace all security lighting at the front, rear, and side yards with compatible lighting. (The decorative exterior ceiling lighting can remain.) 3 2025 Repair in-kind all wood windows as needed. Replace any wood rot that is beyond repair to match existing. 4 2026 Rear yard gate replacement with compatible style gate, or removal of the decorative iron ornamentation on existing gate. 5 2027 Garage door replacement with compatible style door 6 2027 Front door replacement with compatible style door 7 2028 Remove coarse stucco coating at residence and garage buildings, restore original finish to smooth stucco with trowel pattern, and paint the house and garage. 8 2029 Earthquake retrofit the property’s foundation 9 2031 Replace cracked driveway and garage floor 10 2032 Interior natural wood restoration – mahogany doors, hardwood floors, window casing Exhibit D Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report January 11, 2024 Topic: HRCA No. 2023-20, HRC No. 2023-06, HPPA No. 2023-12 – Woitke House (925 North Lowell Street) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2023-20 and Historic Register Categorization No. 2023-06 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Kelly S. Thomas and Bethany S. Thomas, Trustees of the Thomas Living Trust Dated March 28, 2022, subject to non- substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Kelly and Bethany Thomas are requesting approval to designate an existing Spanish Revival style residence located at 925 North Lowell 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. The property is worthy of “Contributive” categorization because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana, which features an asymmetrical faced; clay tile roof; and tripartite, casement, and double-hung wood windows; among other original features. DISCUSSION Project Location and Site Description The subject property is located on a corner lot, on the east side of North Lowell Street and the south side of West 10th Street, in the Washington Square neighborhood in Santa Ana. The site contains a 1,698-square-foot, Spanish Revival style residence and detached garage, on a 6,368-square-foot residential lot (Exhibit 3). Historic Resources Commission 1 -1 1/11/2024 Exhibit 2 HRCA No. 2023-20, HRC No. 2023-06, HPPA No. 2023-12 – Woitke House (925 North Lowell Street) January 11, 2024 Page 2 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 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 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 structure is 95 years old and is a sound example of period architecture. No known code violations exist on record for this property. The Woitke House is architecturally significant as an intact example of a Spanish Revival style house in Santa Ana. The original building permit was not uncovered; however, County assessor data indicates the property was built in 1928. The address first appears in City directories in 1929. The original architect and builder are unknown. From 1929 to 1932, the subject property was owned by F E Woitke. Russell Munro occupied the property for one year in 1933. From 1934 to 1935, E E Sidnam owned the property. D D Hilyard then bought the property and resided in it from 1936 to 1944. The property is listed as "vacant" in the 1945 city directory and there was no city directory available for 1946. From 1947 to at least 1962, G N Ginther owned the property. No records were available between 1963 and 1964, and in 1965 the address is not listed in the city directory. No records were available from 1966 to 1978, and the address was not listed in 1979-1990. In the 1999-2000 Criss-Cross directory, Herbert McCoy is listed as the building occupant. The present-day owners, Kelly and Bethany Thomas, have owned the property since 2003. No additional information was uncovered regarding the past owners and tenants. The Woitke House is a one story, single-family, Spanish Revival Style residence located on a modestly sized parcel in the Washington Square neighborhood. The asymmetrical residence exhibits a rectangular-shaped plan with a hipped roof clad in clay tiles that has a flat roof at its center. The roof has minimal eave overhang. The exterior of the house is clad in a coarse/textured stucco finish. The primary (west) façade is divided into three bays. A partially enclosed covered patio with multiple arched openings encloses the northern two bays, which features a tripartite wood window and the main entrance. The tripartite window has two casement windows with a centered fixed window and upper Historic Resources Commission 1 -2 1/11/2024 HRCA No. 2023-20, HRC No. 2023-06, HPPA No. 2023-12 – Woitke House (925 North Lowell Street) January 11, 2024 Page 3 multi-light transoms at all three window segments. The main entrance door is composed of a single wood frame door with obscure glass, including metal hardware and decorative metal ornamentation fixed to the door’s exterior. The southern third bay contains a smaller version of the tripartite wood window that is located in the front porch. Fenestration on the side (north) façade features a mix of window types, including paired, single-light casement wood windows; a wide fixed wood window with upper multi-light transoms; a tripartite wood-frame multi-light side door with a central door flanked by narrower doors that is located within an arched recessed porch; and one-over-one double-hung wood windows. Similarly, the side (south) façade’s fenestration is a mix of double-hung wood windows and fixed wood windows. The rear (east) façade contains single-light casement wood windows, a fixed wood window, and double-hung wood windows, along with two wood doors, one of which is a multi-light door and the other has a single upper light. All windows throughout the residence contain a prominent wood window sill. Additional architectural features include terra cotta tile flooring at the main entrance walkway, font and side porches, and rear entrance steps; decorative tiles within the terra cotta flooring. The rear yard contains a single-story, detached garage with a square footprint and a flat roof with parapet. Clay tile coping wraps around the garage’s parapet roofline, with a clay tile roof awning at the primary (north) façade. Garage fenestration consists of a metal roll up door at the primary (north) façade, and a wood door and fixed wood window at the side (west) facade. The property is landscaped with a front lawn, two mature palm trees that flank the entrance walkway, additional medium-sized mature trees, along with shrubs, bushes, small palm trees and succulents. A tall, manicured hedge wraps around the side (north) façade, which is contained by a small metal fence. Character-defining features of the Woitke House include, but may not be limited to: Rectangular-shaped building footprint and massing; asymmetrical primary façade; hipped roof clad in clay tiles that has a flat roof at its center; minimal eave overhang; original smooth stucco siding (to be restored with or without trowel pattern); a partially enclosed covered patio at the primary façade with multiple arched openings; a covered patio at the side (north) facade with an arched opening; two tripartite wood windows at the primary (west) façade that each contain two casement windows with a centered fixed window and upper multi-light transoms at all three window segments; additional windows including single-light casement wood windows, a tripartite wood-frame multi-light side door with a central door flanked by narrower doors, fixed wood windows, one-over-one double-hung wood windows; rear, single and multi-light wood-frame doors; prominent wood window sill on all original windows; terra cotta tile flooring at the main entrance walkway, font and side porches, and rear entrance steps; decorative tiles within the terra cotta flooring; detached garage with a flat roof and parapet that has clay tile coping and a clay tile roof awning at the primary (north) façade; and front yard landscaping including small and mature palm trees and succulents. Historic Resources Commission 1 -3 1/11/2024 HRCA No. 2023-20, HRC No. 2023-06, HPPA No. 2023-12 – Woitke House (925 North Lowell Street) January 11, 2024 Page 4 The Woitke House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style home in Santa Ana. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival 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 •A mechanism to provide for property rehabilitation •Incentives for potential buyers to purchase historic structures •Discouraging 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 subject to a completion of future improvements as described in an attached Work Plan. Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: replace electrical knob-and- tube wiring, replace all security lighting with compatible lighting, repair in-kind all wood windows as needed and replace any wood rot that is beyond repair to match existing, rear yard gate replacement or removal of the decorative iron ornamentation on existing gate, front door and garage door replacement with compatible style doors, stucco restoration with compatible smooth stucco with trowel pattern, earthquake retrofit of property’s foundation, driveway and garage floor repairs, and interior wood restoration including doors, floors, and window casing, along with general on-going maintenance. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. Historic Resources Commission 1-4 1/11/2024 HRCA No. 2023-20, HRC No. 2023-06, HPPA No. 2023-12 – Woitke House (925 North Lowell Street) January 11, 2024 Page 5 As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. Public Notification The subject site is located within the Washington Square Neighborhood Association. 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, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-121 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $622.99 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 1-5 1/11/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 1 of 7 RESOLUTION NO. 2024-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2023-20 TO PLACE THE PROPERTY LOCATED AT 925 NORTH LOWELL STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2023-06 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 January 11, 2024, 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. 2023-20) and categorization (Historic Resources Commission Categorization No. 2023-6) of the Woitke House located at 925 North Lowell Street, Santa Ana. B. The Woitke House has distinctive architectural features of the Spanish Revival style and was built in 1928. C. The Woitke House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style home in Santa Ana. The house displays characteristics of the Spanish Revival style through its use of a clay tile roof; asymmetrical primary façade; use of arches throughout; multiple covered patios; stucco siding; and decorative tiles; among other original features. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(3)). Character-defining features of the Woitke House include, but may not be limited to: Rectangular-shaped building footprint and massing; asymmetrical primary façade; hipped roof clad in clay tiles that has a flat roof at its center; minimal eave overhang; original smooth stucco siding (to be restored with or without trowel pattern) ; a partially enclosed covered patio at the primary façade with multiple arched openings; a covered patio at the side (north) facade with an arched opening; two tripartite wood windows at the primary (west) façade that each contain two casement windows with a centered fixed window and upper multi-light Historic Resources Commission 1-6 1/11/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 2 of 7 transoms at all three window segments; additional windows including single-light casement wood windows, a tripartite wood-frame multi-light side door with a central door flanked by narrower doors, fixed wood windows, one-over-one double-hung wood windows; rear, single and multi-light wood-frame doors; prominent wood window sill on all original windows; terra cotta tile flooring at the main entrance walkway, font and side porches, and rear entrance steps; decorative tiles within the terra cotta flooring; detached garage with a flat roof and parapet that has clay tile coping and a clay tile roof awning at the primary (north) façade; and front yard landscaping including small and mature palm trees and succulents. D. The legal owners of the property are Kelly S. Thomas and Bethany S. Thomas, Trustees of the Thomas Living Trust Dated March 28, 2022. 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 minimum standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement work plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including window repair, front door and garage door replacement, and stucco restoration. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2023-121 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. 2023-20 to place the Woitke House located at 925 North Lowell Street, Santa Ana, 92703 on the historical register, and B. Historic Register Categorization No. 2023-6 placing the Woitke House located at 925 North Lowell Street, Santa Ana, 92703 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. 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 Historic Resources Commission 1-7 1/11/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 3 of 7 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 11th day of January, 2024. __________________________ Tim Rush Chairperson Historic Resources Commission 1-8 1/11/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 4 of 7 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Brandon Salvatierra Deputy City Attorney AYES:Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ :___________________________________________________________________________________________________________________________ BrBrBrBrBrBrBrBrBBBBrBrBraaaaaaaaaanaadon Salvatierra Historic Resources Commission 1-9 1/11/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 5 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on January 11, 2024. Date: ________________ ____________________________________ Nuvia Ocampo Commission Secretary City of Santa Ana Historic Resources Commission 1-10 1/11/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 6 of 7 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 405-183-01 925 North Lowell Street REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 43 OF TRACT NO. 455, FLOWER SQUARE, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE COUNTY, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Kelly S. Thomas and Bethany S. Thomas, Trustees of the Thomas Living Trust Dated March 28, 2022 Historic Resources Commission 1-11 1/11/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 7 of 7 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2023-20 and Historic Resources Commission Categorization No. 2023-06 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: 1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 925 North Lowell Street, historically known as the Woitke House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. 2. The applicant shall regularly maintain all landscaping in the front yard area (pruning and thinning trees and shrubs) so that the historic building and its character defining features (including but not limited to the clay tile roof, front porch with decorative arches, original wood windows, and stucco siding) are visible from the public right-of-way. Historic Resources Commission 1-12 1/11/2024 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 Kelly S. Thomas and Bethany S. Thomas, Trustees of the Thomas Living Trust Dated March 28, 2022,(hereinafter collectively referred to as “Owner”),owner of real property located at 925 North Lowell 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 925 North Lowell 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. Historic Resources Commission 1-13 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 -2- E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on March 20, 2024, 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 “Executive Summary” attached hereto, marked as Exhibit B1, and “Historical Property Description” attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, 1/11/2024Historic Resources Commission 1-14 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 -3- 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.As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D,“Proposed Structure Improvements.”Repair in-kind all wood windows as needed and replace wood rot that is beyond repair to match existing, front door replacement with a compatible door design, and existing rough stucco to be removed and restored to a smooth stucco with trowel pattern, shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. Historic Resources Commission 1-15 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 4 - 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a.The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the 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. Historic Resources Commission 1-16 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 5 - 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 925 North Lowell Street, Assessor Parcel Number, 405-183-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b.City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c.This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or t he owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 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 Historic Resources Commission 1-17 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 6 - Owners: Kelly S. Thomas and Bethany S. Thomas, Trustees of the Thomas Living Trust Dated March 28, 2022 Attn: Kelly S. Thomas and Bethany S. Thomas 925 North Lowell 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. 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. Historic Resources Commission 1-18 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 7 - 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} Historic Resources Commission 1-19 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 -8- ATTEST:CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL THOMAS R. HATCH City Clerk Interim City Manager OWNERS Date: ___________________ By:__________________ KELLY S. THOMAS Trustee of the Thomas Living Trust Dated March 28, 2022 Date: ___________________ By:__________________ BETHANY S. THOMAS Trustee of the Thomas Living Trust Dated March 28, 2022 APPROVED AS TO FORM:RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: __________________________________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency y: ____________________________________________________________________________________________________________________________ RRRRRRRRRRRRRANANANANANNANANANANANNNANNDON SALVATIERRA Historic Resources Commission 1-20 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPRETY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 43 OF TRACT NO. 455, FLOWER SQUARE, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE COUNTY, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor’s Parcel Number: 405-183-01 Historic Resources Commission 1-21 1/11/2024 EXECUTIVE SUMMARY Woitke House 925 North Lowell Street Santa Ana, CA 92703 NAME Woitke House REF. NO. ADDRESS 925 North Lowell Street CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive 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: Mission/Spanish 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 espadaña); 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 decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Woitke House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Spanish Revival style residential building. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(3)). 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. Historic Resources Commission 1-22 1/11/2024 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 _5_ Resource name(s) or number (assigned by recorder) Woitke House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 925 North Lowell Street City: Santa Ana Zip: 92703 *e. Other Locational Data: Assessor’s Parcel Number 405-183-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Woitke House is a one story, single-family, Spanish Revival Style residence located on a modestly sized parcel in the Washington Square neighborhood (Figure 1). The asymmetrical residence exhibits a rectangular-shaped plan with a hipped roof clad in clay tiles that has a flat roof at its center. The roof has minimal eave overhang. The exterior of the house is clad in a coarse/textured stucco finish. The primary (west) façade is divided into three bays. A partially enclosed covered patio with multiple arched openings encloses the northern two bays, which features a tripartite wood window and the main entrance. The tripartite window has two casement windows with a centered fixed window and upper multi-light transoms at all three window segments (Figure 2). The main entrance door is composed of a single wood frame door with obscure glass, including metal hardware and decorative metal ornamentation fixed to the door’s exterior (Figure 3). The southern third bay contains a smaller version of the tripartite wood window that is located in the front porch. (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (West) elevation, view east, August 2023 *P6. Date Constructed/Age and Sources: historic 1928/ Orange County Assessor’s *P7. Owner and Address: Kelly and Bethany Thomas 925 North Lowell Street Santa Ana, CA 92703 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 11, 2024 *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)*Required information P5a. Photo Historic Resources Commission 1-23 1/11/2024 State of California ⎯⎯ The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code_5S3_________________________ *Resource Name or #: Woitke House B1. Historic Name: Woitke House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Spanish Revival Style *B6. Construction History: (Construction date, alterations, and date of alterations): 1928. Original building permit not uncovered. November 1, 1939. Reroof residence. $65. January 8, 1991. Add bathroom. January 15, 1991. Reroof residence. $2,500. December 20, 2019. Stucco and roof repair. $8,000. March 16, 2021. Remove a non-bearing partition wall to enlarge kitchen. November 28, 2023. Legalize kitchen window (north façade) change out that occurred in 2021: removal of two wood hung windows and one centered casement window and replacement with a compatible, single wood window with a multi-light transom to match original window style on the primary façade. Unknown. Front, side (north), and rear door replacement; restucco exterior with coarse/textured stucco; garage door replacement. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached garage, partially enclosed patio at front façade, north side yard patio, north side yard hedge, and two mature palm trees, shrubs, bushes, lawn, and small-and-medium sized trees in front yard. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1928 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 Woitke House is architecturally significant as an intact example of a Spanish Revival style house in Santa Ana. The original building permit was not uncovered, however County Assessor's data notes its build date as 1928. The address first appears in city directories in 1929. The original architect and builder are unknown. From 1929 to 1932, the subject property was owned by F E Woitke. Russell Munro occupied the property for one year in 1933. From 1934 to 1935, E E Sidnam owned the property. D D Hilyard then bought the property and resided in it from 1936 to 1944. The property is listed as "vacant" in the 1945 city directory and there was no city directory available for 1946. From 1947 to at least 1962, G N Ginther owned the property. No records were available between 1963 and 1964, and in 1965 the address is not listed in the city directory. No records were available from 1966 to 1978, and the address was not listed in 1979-1990. (See Continuation Sheet 3 of 5). 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 5.) B13. Remarks: None *B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: January 11, 2024 Sketch Map (This space reserved for official comments.) Woitke House 925 North Lowell Street Historic Resources Commission 1-24 1/11/2024 State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 5_Resource Name: Woitke House *Recorded by Andrea Dumovich Heywood *Date January 11, 2024⌧ Continuation  Update DPR 523L DPR 523B (1/95)*Required information *P3a. Description (continued): Fenestration on the side (north) façade features a mix of window types, including paired, single-light casement wood windows; a wide fixed wood window with upper multi-light transoms; a tripartite wood-frame multi-light side door with a central door flanked by narrower doors that is located within an arched recessed porch; and one-over-one double-hung wood windows (Figures 4 and 5). Similarly, the side (south) façade’s fenestration is a mix of double-hung wood windows and fixed wood windows. The rear (east) façade contains single-light casement wood windows, a fixed wood window, and double-hung wood windows, along with two wood doors, one of which is a multi-light door and the other has a single upper light (Figure 6). All windows throughout the residence contain a prominent wood window sill. Additional architectural features include terra cotta tile flooring at the main entrance walkway, font and side porches, and rear entrance steps; decorative tiles within the terra cotta flooring. The rear yard contains a single-story, detached garage with a square footprint and a flat roof with parapet. Clay tile coping wraps around the garage’s parapet roofline, with a clay tile roof awning at the primary (north) façade. Garage fenestration consists of a metal roll up door at the primary (north) façade, and a wood door and fixed wood window at the side (west) facade (Figure 7). The property is landscaped with a front lawn, two mature palm trees that flank the entrance walkway, additional medium-sized mature trees, along with shrubs, bushes, small palm trees and succulents. A tall, manicured hedge wraps around the side (north) façade, which is contained by a small metal fence. *B10. Significance (continued): In the 1999-2000 Criss-Cross directory, Herbert McCoy is listed as the building occupant. The present-day owners, Kelly and Bethany Thomas, have owned the property since 2003. No additional information was uncovered regarding the past owners and tenants. The Woitke House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single-family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ("Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Woitke House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Spanish Revival style style home in Santa Ana. Located in Washington Square, the house was built in 1928. The recommended categorization is “Contributive” because it contributes to the overall character and history of Washington Square and is a representative example of Spanish Revival architecture in Santa Ana (Santa Ana Municipal Code, Section 30-2.2(3)). Character-defining features of the Woitke House include, but may not be limited to: Rectangular-shaped building footprint and massing; asymmetrical primary façade; hipped roof clad in clay tiles that has a flat roof at its center; minimal eave overhang; original smooth stucco siding (to be restored with or without trowel pattern); a partially enclosed covered patio at the primary façade with multiple arched openings; a covered patio at the side (north) facade with an arched opening; two tripartite wood windows at the primary (west) façade that each contain two casement windows with a centered fixed window and upper multi-light transoms at all three window segments; additional windows including single-light casement wood windows, a tripartite wood-frame multi-light side door with a central door flanked by narrower doors, fixed wood windows, one-over-one double-hung wood windows; rear, single and multi-light wood-frame doors; prominent wood window sill on all original windows; terra cotta tile flooring at the main entrance walkway, font and side porches, and rear entrance steps; decorative tiles within the terra cotta flooring; detached garage with a flat roof and parapet that has clay tile coping and a clay tile roof awning at the primary (north) façade; and front yard landscaping including small and mature palm trees and succulents. Historic Resources Commission 1-25 1/11/2024 State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 5_Resource Name: Woitke House *Recorded by Andrea Dumovich Heywood *Date January 11, 2024⌧ Continuation  Update DPR 523L *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 Newspapers.com (Orange County Register and 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, 1928-2008. Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. Historic Resources Commission 1-26 1/11/2024 State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 5_Resource Name: Woitke House *Recorded by Andrea Dumovich Heywood *Date January 11, 2024⌧ Continuation  Update DPR 523L Additional Figures: Figure 2. Original tripartite window that has two casement windows with a centered fixed window and upper multi-light transoms at all three window segments, facing northeast. Figure 3. Main entrance door that is composed of a single wood frame door with obscure glass, including metal hardware and decorative metal ornamentation fixed to the door’s exterior, facing east. Figure 4. Fixed wood window with upper multi-light transoms, facing south. Figure 5. Tripartite wood-frame multi-light side door with a central door flanked by narrower doors, facing south. Figure 6. The rear (east) façade’s wood door with a single upper light and an adjacent fixed wood window, facing west. Figure 7. Detached garage with a flat roof with parapet. Clay tile coping wraps around the garage’s parapet roofline, with a clay tile roof awning), facing south. Historic Resources Commission 1-27 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic Resources Commission 1-28 1/11/2024 MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resources Commission 1-29 1/11/2024 Proposed Structure Improvements (“Work Plan”) 925 North Lowell Street Item Year Improvement 1 2024 Replace electrical knob and tube wiring 2 2024 Replace all security lighting at the front, rear, and side yards with compatible lighting. (The decorative exterior ceiling lighting can remain.) 3 2025 Repair in-kind all wood windows as needed. Replace any wood rot that is beyond repair to match existing. 4 2026 Rear yard gate replacement with compatible style gate, or removal of the decorative iron ornamentation on existing gate. 5 2027 Garage door replacement with compatible style door 6 2027 Front door replacement with compatible style door 7 2028 Remove coarse stucco coating at residence and garage buildings, restore original finish to smooth stucco with trowel pattern, and paint the house and garage. 8 2029 Earthquake retrofit the property’s foundation 9 2031 Replace cracked driveway and garage floor 10 2032 Interior natural wood restoration – mahogany doors, hardwood floors, window casing Historic Resources Commission 1-30 1/11/2024 O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 925 N Lowell St 12/22/2023 Publication Total $130.35 $130.35 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3767633 !A000006649543! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION TheCityofSantaAnaencouragesthe public to participate in the decision- making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic ResourcesCommission will hold a Public Hearing toreceive public testimony, and will takeaction on the item described below. Theirdecision is final unless appealed to theCity Council within 10 days of the decisionby any interested party or group. Project Location:925 North LowellStreet located within the Single FamilyResidential (R1) zoning district. Project Applicant:Bethany S. & Kelly S.Thomas (Property Owners) Project Description:Applicants arerequesting approval of Historic ResourcesCommission Application No. 2023-20,Historic Register Categorization No. 2023-06, and Historic Property PreservationAgreement No. 2023-12 to allow theplacement and categorization in the SantaAna Register of Historical Properties as“Contributive” for the above-mentionedproperty and to execute a HistoricProperty Preservation Agreement with theCity of Santa Ana. Environmental Impact:Pursuant to theCalifornia Environmental Quality Act(CEQA) and the CEQA Guidelines, theproject is exempt from further reviewunder Section 15331, Class 31, as thisaction is designed to preserve a historicresource. Categorical Exemption No. ER-2023-121 will be filed for this project. Meeting Details:This matter will beheard on Thursday, January 11, 2024, at 4:30 p.m.in the City Council Chambers,22 Civic Center Plaza, Santa Ana, CA92701.Members of the public may attend this meeting in-person or join via Zoom.For the most up to dateinformation on how to participate virtuallyin this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments:If you are unable toparticipate in the meeting, you may sendwritten comments by e-mail toPBAeComments@santa-ana.org(reference the topic in the subjectline) or mail to Nuvia Ocampo, RecordingSecretary, City of Santa Ana, 20 CivicCenter Plaza – M20, Santa Ana, CA92701.Deadline to submit written comments is 3:30 p.m. on the day of the meeting.Comments received afterthe deadline may not be distributed to theCommission but will be made part of therecord. Where To Get More Information:Additional details regarding the proposedaction(s), including the full text of thediscretionary item, may be found on theCity website 72 hours prior to the publichearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Shouldyou have any questions, please contactAndrea Dumovich Heywood with thePlanning and Building Agency atAheywood@santa-ana.org or 714-647-5899. You can also contact Pedro Gomezwith the Planning and Building Agency atPgomez@santa-ana.org or 714-667-2790. Note:Ifyouchallengethedecisionontheabove matter, you may be limited toraisingonlythose issues you or someone else raised at the public hearingdescribed in this notice, or in writtencorrespondence delivered to the HistoricResources Commission or City Council ofthe City of Santa Ana at, or prior to, thepublic hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667- 2732. Nếucần liên lạcbằng tiếng Việt, xin điệnthoại cho Tony Lai số (714) 565- 2627.12/22/23 OR-3767633# Historic Resources Commission 1-31 1/11/2024 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 925 North Lowell Street located within the Single Family Residential (R1) zoning district. Project Applicant: Bethany S. & Kelly S. Thomas (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2023-20, Historic Register Categorization No. 2023-06, and Historic Property Preservation Agreement No. 2023-12 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Contributive” for the above-mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2023-121 will be filed for this project. Meeting Details: This matter will be heard on Thursday, January 11, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647-5899. You can also contact Pedro Gomez with the Planning and Building Agency at Pgomez@santa-ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence Historic Resources Commission 1-32 1/11/2024 delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667-2732. 1ӃXFҫQOLrQOҥFEҵQJWLӃQJ9LӋW[LQÿLӋQWKRҥLFKR7RQ\/DLVӕ  -2627. Historic Resources Commission 1-33 1/11/2024 Historic Resources Commission 1-34 1/11/2024 Historic Resources Commission 1-35 1/11/2024 1 Ocampo, Nuvia From:Tom Lutz <luterlutz@aol.com> Sent:Monday, January 8, 2024 10:19 AM To:eComments, PBA Cc:eComment Subject:HRC Application #2023-20 Attachments:Mills Act 925 Lowell.pdf To: HRC Commission. Re: HRC Application #2023-20 Dear Historic Resources Commissioners: Washington Square Neighborhood Association supports Bethany & Kelly Thomas's HRC Application #2023-20 and Categorization #2023-6 and Property Preservation Agreement #2023-12. Kelly and Beth have done an outstanding job on preserving and refurbishing their house back to it's original glory! Sincerely, Tom Lutz WSNA - City Liaison Ps. Please confirm transmission. Historic Resources Commission 1-36 1/11/2024 1 Ocampo, Nuvia From:Fernando Astran <astranfernando@gmail.com> Sent:Wednesday, January 3, 2024 6:10 PM To:eComments, PBA Subject:H.R.C.A. # 2023-20 @ 925 N Lowell St I support Bethany and Kelly Thomas’ request for Historic Property Preservation. Regards, Fernando Astran Property Owner @ 924 N. Lowell Street Santa Ana. CA. 92703 Historic Resources Commission 1-37 1/11/2024 1 Ocampo, Nuvia From:(null) (null) <le_canuck@yahoo.com> Sent:Thursday, January 4, 2024 8:11 PM To:eComments, PBA Subject:Historic Resources Commission Application 2023-20, Thomas house Dear Commissioners, Thank you for the opportunity to comment on this application. Washington Square has been our home for more than 17 years. One of the reasons we chose to live here was the neighborhood’s historic nature. It impressed us how Washington Square’s residents take such pride in maintaining the neighborhood’s character. We’ve been fortunate to have Beth and Kelly Thomas as our neighbors. Even in a place like Washington Square where residents take such pride in their properties, the Thomas’ home stands out. Their plot is one of Washington Square’s jewels, meticulously maintained and stunning to behold. While lovingly caring for their home, they’ve been careful to preserve and enhance its historic nature. In short, Beth and Kelly Thomas are precisely the type of homeowners who deserve for their property to win historic designation to help keep Washington Square historic and beautiful, and we urge you to approve this application. Thank you very much for your consideration. Michael Mello and Cindy Carcamo 900 block North Olive Street, Washington Square Historic Resources Commission 1-38 1/11/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office 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 Arcelia Gutierrez Velazco and Benjamin Rodriguez, Wife and Husband as Community Property with Right of Survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 801 North Minter 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 801 North Minter 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. Exhibit 3 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 8, 2024, 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. MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2023-13) staff report dated March 7, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act 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 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 4 - if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the 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 801 North Minter Street, Assessor Parcel Number, 398-041-10, and more particularly described in Exhibit A, in MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 5 - the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 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: City Clerk’s Office Owners: Arcelia Gutierrez Velazco and Benjamin Rodriguez 801 North Minter 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, MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 6 - 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 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. MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 7 - 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} MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 8 - ATTEST:CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL THOMAS R. HATCH City Clerk Interim City Manager OWNERS Date: ______________________ By:_________________________ ARCELIA GUTIERREZ VELAZCO Date: ______________________ By:_________________________ BENJAMIN RODRIGUEZ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: SOUTHWESTERLY 110 FEET OF LOT 5 IN BLOCK A OF FRUIT ADDITION TO SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF OLD LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE (S) 186 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 398-041-10 cm\historic\templates\Minter N 801 ES (Cooper House) 4/17/02 EXECUTIVE SUMMARY COOPER HOUSE 801 North Minter Street Unit A and Unit B Santa Ana, CA 92701 NAME Cooper House REF. NO. ADDRESS 801 North Minter Street Unit A and Unit B CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1900 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Colonial Revival, Queen Anne (Late Victorian) 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). The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof; ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well-developed examples can be found in California and in the southern states (McAlester, 263-268). SUMMARY/CONCLUSION: The Cooper House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It is also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as representative of the characteristic elements of the Colonial Revival style with the surface complexity and wooden ornamentation of the Queen Anne, and under Criterion 4b, for its association with Cooper, a prominent citizen of Santa Ana. Additionally, the Cooper House has been categorized as “Landmark” because it “is on the national register,” “is on the state register,” and “has a unique architectural significance” as a vernacular blending of a Colonial Revival style building with Queen Anne (Late Victorian) elements of the early twentieth century (Municipal Code, Section 30-2.2). Exhibit B cm\historic\templates\Minter N 801 ES (Cooper House) 4/17/02 EXPLANATION OF CODES: x 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. x National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. 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) Cooper House P1. Other Identifier: *P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 801 North Minter Street Unit A and Unit B City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number 398-041-10 Block: A Lot: POR 5 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on the northeast corner of Minter and Civic Center Drive, this turn of the twentieth century, one and a half story house combines features of the Queen Anne (late Victorian) and Colonial Revival styles. A steeply pitched side gabled roof is anchored by an overscaled dormer consisting of a front gable atop a cant bay. Diamond patterned shingles face the gable ends, which contain narrow, arched vents. Elaborately carved brackets with pendants and shallow balustrades decorate the dormer bay corners. Half hexagon shingles clad the upper story side elevations above flared bands of fish-scale shingles. Narrow clapboard sides the lower story and dormer. Brackets punctuate an upper story overhang. Corner boards accent the first floor and dormer bay edges. Most windows are double-hung sash, many distinguished by muntins laid in diamond patterns, others by carved aprons. A cutaway porch on the northwest corner has clapboard sided railings and a Tuscan column supporting the porch roof. The entry consists of a three panel and light front door topped by a transom. A first floor cant bay on the south elevation features a doorway and a porch, both additions, as most likely were the brick main entrance steps and brick porch floor. The house has been converted into a duplex. Other than these alterations, the house appears original. *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 west elevations March 2002 *P6. Date Constructed/Age and Sources: „historic 1900/Source: National Register nomination *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 25, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “Historic Resources Inventory French Park District,” September 1979. Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *Attachments: †None †Location Map †Sketch Map „Continuation Sheet „Building, Structure, and Object Record †Archaeological Record †District Record †Linear Feature Record †Milling Station Record †Rock Art Record †Artifact Record †Photograph Record † Other (list) DPR 523A (1/95) *Required information P5a. Photo 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_1D__________________________ *Resource Name or #: Cooper House B1. Historic Name: Cooper House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Multiple-family Residence *B5. Architectural Style: Colonial Revival, Queen Anne (Late Victorian) *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1900. May 6, 1976. Add basement. January 5, 1988. Repair siding, stairs, walls, ceilings, floors. February 27, 1996. Retaining walls and walkway (rear wall in basement). May 30, 1996. Repairs to drywall (approx. 20 sheets) in Unit A kitchen, Unit A living room and both bathrooms, subfloor at two bathrooms and portion of lower level living room; rebuild side door landing and railing; replace shower pan. November 20, 1996. Add 32 inch high deck at south side of house; letter of authorization from French Park; Field verify. December 26, 1996. Reroof. May 3, 1999. Change out window at second floor bathroom. *B7. Moved? „No †Yes †Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: Mature palm tree on front lawn. B9a. 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 Cooper House is architecturally distinguished as a remarkably intact and characteristic example of the architectural eclectism popular at the turn of the twentieth century. It is also important as a contributor to the French Park Historic District. According to previous research, the house was constructed in 1900 for Reverend J.H. Cooper, Pastor of the First Congregational Church. In 1905, retirees William and Emma Block were the occupants. Marlin and Florence Shields, new residents from Mono County, California, bought the house and twenty acres of land on Irvine Boulevard in 1911. Marlin Shields, a Mason, Elk, and Presbyterian, eventually owned additional citrus property in Eastern Orange County (Marsh, 1998). (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 J. Heumann *Date of Evaluation: March 25, 2002 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.) Cooper House 801 North Minter Street 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) Cooper House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date March 25, 2002 _ Continuation † Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of 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. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Cooper House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as a representative example of the distinguishing characteristics of an architectural period, the eclecticism of the early twentieth century. Further, the house qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b, for its association with Cooper, a prominent citizen of Santa Ana. Additionally, the house has been categorized as “Landmark” for its unique architectural significance. Possessed of substantial integrity from 1900, the house displays characteristic elements of the Colonial Revival style such as the near symmetry of the façade and Tuscan porch supports with the surface complexity and wooden ornamentation of the Queen Anne. All original and restored exterior features of the Cooper House are character-defining and should be preserved. These features include, but may not be limited to: materials and finishes; roof configuration and detailing; massing and composition; dormer; bays and projections; porches; doors and windows (including surrounds); architectural detailing (woodwork); and low concrete curb and step at the sidewalk. *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. Armor, Samuel. History of Orange County. 1921. Guinn, James Miller. Historical and Biographical Record of Southern California. 1902. Historical Landmarks Inventory Form, November 18, 1976 (Santa Ana History Room). “Preserving the Past in French Park.” The Register, February 12, 1983. MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Exhibit D: Proposed Structure Improvements (“Work Plan”) 801 North Minter Street Item Year Improvement 1 2024 Landscape improvements: Trimming of all of the trees around the property. Installing in-ground yard drainage system and regrade soil to allow proper drainage of water. Trim overgrown foliage throughout the front yard. 2 2024 Roof repairs to the flat sections of roof 3 2024 Weatherproofing exterior 4 2025 Electrical upgrades: Repair non-operational outdoor electrical outlets. Update malfunctioning lighting fixtures throughout the exterior. 5 2026 Repair/replace damaged siding as needed 6 2026 Repair/replace damaged wood rot at front entrance staircase and entry porch as needed 7 2026 Fence repairs: Replace wood rot and broken areas of fence. Re-paint the fence white. 8 2026 Paint exterior Exhibit D Planning and Building Agency Item # c City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report March 7, 2024 Topic: HPPA No. 2023-13 – The Cooper House (801 N. Minter Street) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Arcelia Gutierrez Velazco and Benjamin Rodriguez for the property located at 801 North Minter Street, subject to non- substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Arcelia Gutierrez Velazco and Benjamin Rodriguez are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 801 North Minter Street that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Cooper House, consists of an existing two-story Queen Anne (Late Victorian) and Colonial Revival style residence that is approximately 1,826 square feet in size on a 5,500-square-foot residential lot (Exhibit 2). The Cooper House was listed as a contributor to the French Park National Register Historic District in 1999 and was added to the Santa Ana Register of Historical Properties (“Register”) in 2002, 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 Register 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 Historic Resources Commission c – 1 3/7/2024 Exhibit 4 HPPA No. 2023-13 – The Cooper House (801 N. Minter Street) March 7, 2024 Page 2 4 0 1 4 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 In 2002, the Historic Resources Commission placed the Cooper House on the Register and within the “Landmark” category as a representative example of the distinguishing characteristics of an architectural period, the eclecticism of the early twentieth century, and for its associating with Reverend J.H. Cooper, a prominent citizen of Santa Ana and Pastor of the First Congregational Church. Character-defining exterior features of the Cooper House that should be preserved include, but may not be limited to: materials and finishes; roof configuration and detailing; massing and composition; dormer; bays and projections; porches; doors and windows (including surrounds); architectural detailing (woodwork); and low concrete curb and step at the sidewalk. In 2009, Historic Exterior Modification Application (HEMA No. 2009-04) was approved by the Historic Resources Commission for the following modifications as stated in Resolution No. 2010-02: restore front porch; remove non-original features; reintroduce decorative window and add two new hung wood windows at south façade; add a new rear porch at the east façade and two new hung wood windows where previous windows have been infilled; and add new concrete foundation which requires moving the original decorative vent at the primary façade and adding new vents to the remaining facades, along with a new entryway and wood service door for basement access. These modifications also received Planning Commission approval Neighborhood Project Review No. 2009-04 in Resolution No. 2010-02. All exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. It was noted during the 2023 site visit that all aforementioned items were implemented at the subject property. Additionally, during the 2023 site visit, staff noted some wood rot throughout the exterior of the house, specifically at the main entrance staircase, entry porch, and siding throughout. Staff will work with the property owner to address these concerns as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include new landscaping, weatherproofing the exterior, electrical work, fence repairs, repainting, repair or replace the damaged siding, and general on-going maintenance. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. Historic Resources Commission c – 2 3/7/2024 HPPA No. 2023-13 – The Cooper House (801 N. Minter Street) March 7, 2024 Page 3 4 0 1 4 As part of the mills act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-131, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,073.00 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500’ Radius Map 3 - Site Photos – 801 N Minter Street 4 - Action Minutes HRC (801 N Minter Street) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission c – 3 3/7/2024 HPPA No. 2023-13 – The Cooper House (801 N. Minter Street) March 7, 2024 Page 4 4 0 1 4 Historic Resources Commission c – 4 3/7/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office 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 Arcelia Gutierrez Velazco and Benjamin Rodriguez, Wife and Husband as Community Property with Right of Survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 801 North Minter 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 801 North Minter 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. Historic Resources Commission c – 5 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 8, 2024, 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. Historic Resources Commission c – 6 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 3 - b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. c. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2023-13) staff report dated March 7, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act 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 Historic Resources Commission c – 7 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 4 - if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the 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 801 North Minter Street, Assessor Parcel Number, 398-041-10, and more particularly described in Exhibit A, in Historic Resources Commission c – 8 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 5 - the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 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: City Clerk’s Office Owners: Arcelia Gutierrez Velazco and Benjamin Rodriguez 801 North Minter 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, Historic Resources Commission c – 9 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 6 - 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 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. Historic Resources Commission c – 10 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 7 - 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. Historic Resources Commission c – 11 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 8 - ATTEST:CITY OF SANTA ANA _________________________________________________ JENNIFER L. HALL THOMAS R. HATCH City Clerk Interim City Manager OWNERS Date: ______________________By:_________________________ ARCELIA GUTIERREZ VELAZCO Date: ______________________By:_________________________ BENJAMIN RODRIGUEZ APPROVED AS TO FORM:RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: __________________________________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency Historic Resources Commission c – 12 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 9 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: SOUTHWESTERLY 110 FEET OF LOT 5 IN BLOCK A OF FRUIT ADDITION TO SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF OLD LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGE (S) 186 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 398-041-10 Historic Resources Commission c – 13 3/7/2024 cm\historic\templates\Minter N 801 ES (Cooper House) 4/17/02 EXECUTIVE SUMMARY COOPER HOUSE 801 North Minter Street Unit A and Unit B Santa Ana, CA 92701 NAME Cooper House REF. NO. ADDRESS 801 North Minter Street Unit A and Unit B CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1900 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Colonial Revival, Queen Anne (Late Victorian) 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). The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof; ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well-developed examples can be found in California and in the southern states (McAlester, 263-268). SUMMARY/CONCLUSION: The Cooper House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It is also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as representative of the characteristic elements of the Colonial Revival style with the surface complexity and wooden ornamentation of the Queen Anne, and under Criterion 4b, for its association with Cooper, a prominent citizen of Santa Ana. Additionally, the Cooper House has been categorized as “Landmark” because it “is on the national register,” “is on the state register,” and “has a unique architectural significance” as a vernacular blending of a Colonial Revival style building with Queen Anne (Late Victorian) elements of the early twentieth century (Municipal Code, Section 30-2.2). Historic Resources Commission c – 14 3/7/2024 cm\historic\templates\Minter N 801 ES (Cooper House) 4/17/02 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) 1D: Contributor to a listed district. Historic Resources Commission c – 15 3/7/2024 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) Cooper House P1. Other Identifier: *P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 801 North Minter Street Unit A and Unit B City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number 398-041-10 Block: A Lot: POR 5 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Located on the northeast corner of Minter and Civic Center Drive, this turn of the twentieth century, one and a half story house combines features of the Queen Anne (late Victorian) and Colonial Revival styles. A steeply pitched side gabled roof is anchored by an overscaled dormer consisting of a front gable atop a cant bay. Diamond patterned shingles face the gable ends, which contain narrow, arched vents. Elaborately carved brackets with pendants and shallow balustrades decorate the dormer bay corners. Half hexagon shingles clad the upper story side elevations above flared bands of fish-scale shingles. Narrow clapboard sides the lower story and dormer. Brackets punctuate an upper story overhang. Corner boards accent the first floor and dormer bay edges. Most windows are double-hung sash, many distinguished by muntins laid in diamond patterns, others by carved aprons. A cutaway porch on the northwest corner has clapboard sided railings and a Tuscan column supporting the porch roof. The entry consists of a three panel and light front door topped by a transom. A first floor cant bay on the south elevation features a doorway and a porch, both additions, as most likely were the brick main entrance steps and brick porch floor. The house has been converted into a duplex. Other than these alterations, the house appears original. *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 west elevations March 2002 *P6. Date Constructed/Age and Sources: „historic 1900/Source: National Register nomination *P7. Owner and Address: *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 25, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Les, Kathleen. “Historic Resources Inventory French Park District,” September 1979. Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *Attachments: †None †Location Map †Sketch Map „Continuation Sheet „Building, Structure, and Object Record †Archaeological Record †District Record †Linear Feature Record †Milling Station Record †Rock Art Record †Artifact Record †Photograph Record † Other (list) DPR 523A (1/95) *Required information P5a. Photo Historic Resources Commission c – 16 3/7/2024 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_1D__________________________ *Resource Name or #: Cooper House B1. Historic Name: Cooper House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Multiple-family Residence *B5. Architectural Style: Colonial Revival, Queen Anne (Late Victorian) *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1900. May 6, 1976. Add basement. January 5, 1988. Repair siding, stairs, walls, ceilings, floors. February 27, 1996. Retaining walls and walkway (rear wall in basement). May 30, 1996. Repairs to drywall (approx. 20 sheets) in Unit A kitchen, Unit A living room and both bathrooms, subfloor at two bathrooms and portion of lower level living room; rebuild side door landing and railing; replace shower pan. November 20, 1996. Add 32 inch high deck at south side of house; letter of authorization from French Park; Field verify. December 26, 1996. Reroof. May 3, 1999. Change out window at second floor bathroom. *B7. Moved? „No †Yes †Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: Mature palm tree on front lawn. B9a. 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 Cooper House is architecturally distinguished as a remarkably intact and characteristic example of the architectural eclectism popular at the turn of the twentieth century. It is also important as a contributor to the French Park Historic District. According to previous research, the house was constructed in 1900 for Reverend J.H. Cooper, Pastor of the First Congregational Church. In 1905, retirees William and Emma Block were the occupants. Marlin and Florence Shields, new residents from Mono County, California, bought the house and twenty acres of land on Irvine Boulevard in 1911. Marlin Shields, a Mason, Elk, and Presbyterian, eventually owned additional citrus property in Eastern Orange County (Marsh, 1998). (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 J. Heumann *Date of Evaluation: March 25, 2002 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.) Cooper House 801 North Minter Street Historic Resources Commission c – 17 3/7/2024 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) Cooper House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date March 25, 2002 ⌧Continuation † Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of 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. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Cooper House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as a representative example of the distinguishing characteristics of an architectural period, the eclecticism of the early twentieth century. Further, the house qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b, for its association with Cooper, a prominent citizen of Santa Ana. Additionally, the house has been categorized as “Landmark” for its unique architectural significance. Possessed of substantial integrity from 1900, the house displays characteristic elements of the Colonial Revival style such as the near symmetry of the façade and Tuscan porch supports with the surface complexity and wooden ornamentation of the Queen Anne. All original and restored exterior features of the Cooper House are character-defining and should be preserved. These features include, but may not be limited to: materials and finishes; roof configuration and detailing; massing and composition; dormer; bays and projections; porches; doors and windows (including surrounds); architectural detailing (woodwork); and low concrete curb and step at the sidewalk. *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. Armor, Samuel. History of Orange County. 1921. Guinn, James Miller. Historical and Biographical Record of Southern California. 1902. Historical Landmarks Inventory Form, November 18, 1976 (Santa Ana History Room). “Preserving the Past in French Park.” The Register, February 12, 1983. Historic Resources Commission c – 18 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic Resources Commission c – 19 3/7/2024 MILLS ACT AGREEMENT 801 North Minter Street Santa Ana, CA 92701 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resources Commission c – 20 3/7/2024 2 1 4 6 9 Exhibit D: Proposed Structure Improvements (“Work Plan”) 801 North Minter Street Item Year Improvement 1 2024 Landscape improvements: Trimming of all of the trees around the property. Installing in-ground yard drainage system and regrade soil to allow proper drainage of water. Trim overgrown foliage throughout the front yard. 2 2024 Roof repairs to the flat sections of roof 3 2024 Weatherproofing exterior 4 2025 Electrical upgrades: Repair non-operational outdoor electrical outlets. Update malfunctioning lighting fixtures throughout the exterior. 5 2026 Repair/replace damaged siding as needed 6 2026 Repair/replace damaged wood rot at front entrance staircase and entry porch as needed 7 2026 Fence repairs: Replace wood rot and broken areas of fence. Re-paint the fence white. 8 2026 Paint exterior Historic Resources Commission c – 21 3/7/2024 1 9 9 9 9 SITE HPPA-2023-13 801 NORTH MINTER STREET COOPER HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y 500’ RADIUS EXHIBIT 2 Historic Resources Commission c – 22 3/7/2024 HPPA-2023-13 The Cooper House 801 North Minter Street SITE PHOTOS EXHIBIT 3 Historic Resources Commission c – 23 3/7/2024 ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA MAY 2, 2002 CALLED TO ORDER: 4:35 P.M. City Hall Ross Annex Second Floor Conference Room 2001 20 Civic Center Plaza, Santa Ana, California ATTENDANCE: COMMISSIONERS Present: Paul Giles, Vice Chairman Philip Chinn, Rita Corpin James Gartner Blair O'Callaghan Phillip Schaefer COMMISSIONERS Absent: Rose Anne Garcia Kings, Chair Carlos Bustamante Robert Richardson STAFF PRESENT: Cynthia Nelson, Deputy City Manager Joseph Edwards, Principal Planner Jeffry Rice, Principal Planner Kylee Odette, Deputy City Attorney Joyce Amerson, Transportation Manager Laura Johnson, Recording Secretary CONSENT CALENDAR Motion to approve staff recommendations on the following Consent Calendar items as amended and corrected. MOTION: Corpin SECOND: Chinn AYES: Chinn, Corpin, Gartner, Giles, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, ,Kings, Richardson (3) ABSTENTION: None (0) A. MINUTES Approve minutes: RECOMMENDATION: Approve the minutes of the regular meeting of April 4, 2002. i B. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes. The April 4, 2002 Agenda for the Regular Meeting was posted at the City Hall Council Chambers on March 28, 2002 at 9:45 a.m. END OF CONSENT CALENDAR * * Historic Resources Commission c – 24 3/7/2024 WORK STUDY SESSION C. NORTHWEST CORNER FIRST AND MAIN UPDATE (GABAEE PROJECT) Sergio Klotz, Senior Planner, provided an update on the project site. He noted that the project will include a Sav On Drug Store and four units that will be leased as live/work studios. The remaining actions required for project completion were outlined and the preliminary design plans were provided. Mr. Klotz advised the Commission that the historic set-back on Main Street will be maintained. The proposed landscaping plans were outlined. Discussion held regarding the possibility of including historical features on the north elevation. D. REVISIONS TO CHAPTER 30 OF THE MUNICIPAL CODE Hally Cappiello, Associate Planner, provided an update on the proposed revisions which would include: 1. Addition of a certificate of appropriateness to formalize the Historic Resources Commission review process. 2. Definition of what is considered a dangerous building and who is authorized to designate. 3. Changes to the criteria for the Contributive category. 4. Addition of a provision to allow property owners to request removal of their property from the Historic Register. 5. Authorization for Gity Council to approve Historic Districts and authorization for the Historic Resources Commission to create design guidelines. Discussion held regarding a proposed provision to allow owners to request the removal of their property from the Register. Kylee Odette advised that this provision was included at the request of the City Attorney's office. She noted that the primary goal is preservation but a process to request removal from the Register was necessary. A discussion was also held regarding Historic Districts and the designation of homes within them as historic structures. It was noted that exterior improvements to buildings designated as historic structures would be subject to review and action by the Commission. Proposed improvements to buildings not designated as historic would need to consider the historic features of the district when modifications are proposed.. E. Recess To Council Chambers - 5:10 The Commission recessed to 5:30 p.m. in the Council Chambers located at 22 Civic Center Plaza. i HISTORIC RESOURCES COMMISSION MINUTES 2 May 2, 2002 Historic Resources Commission c – 25 3/7/2024 S.:.e .. . s. . ~ AGTION tJiiNUTES OF THE HISTORIC R'E~sf`-URGES Cc'~.~t1AISSION CITY HAt.I.. COUNCIL CHG+MBEI2S 22 CIVIC: CENTER PLAZA SANTA ANA, GAL+FORNIA N7AY 2, 2002 ROLL CALL All Present PLEDGE OF ALLEGIANCE 5:30 P.M. PROCEDURAL RULES PUBLIC IiEARENGS 1. HISTORIC REGISTER CATEGORIZATION NO. 2442-101 Continued by the Historic Resources Commission April 4, 2002 to May 2, 2002) Filed by the City of Santa Ana to categorize 1322 N. Sycamore Street, Fire Station Headquarters No. 1, as a Landmark property on the Santa Ana Register of Historical Properties. PUBLISHED 1N THE REGISTER: March 22, 2002 PUBLICLYNOTlCED: March 22, 2002 RECOMMENDATION: Continue Historic Register Categorization No. 20D2-101 indefinitely. Joseph Edwards, Principal Planner, pmvlded a brief update on the property and responded to the issue raised by the property owner regarding lack of receipt of proper notice when the property was placed en the Historic Register in 1997. Vice Chairman Giles opened the public hearing. No written communications had been received and there were no speakers on the matter. Vice Chairman Giles closed the public hearing. Motion to continue the public hearing indefinitely. MOTION: Chinn u SECOND: Schaefer AYES: Chinn, Corpin, Gartner, Giles, O'Callaghan, Schaefer (6) NOES: None (I?) ABSENT: Bustamante, Kings, Richardson (3) ABSTENTION: None (0) 2. Filed by the City of Santa Ana to place and categorize various structures on the. Santa Ana Register of Historical Properties. HISTORIC RESOURCES COMMISSION MINUTES 3 May 2, 2002 Historic Resources Commission c – 26 3/7/2024 PUBLISHED IN THE REGISTER: Apri! 19, 2002 PUBLICLY NOTICED: April 19, 2002 fl I4I = Ix i( ( iii ii;ni~~'~ I*'II ICI ~~ ( i i i ~' I ~ I ~%':. ~.'"' I ' ( i I II I I~jII ~ItlIi Iii iI iii ~ ~ S i i t~, 7~1~~u u6iII 1Ii~ I= rgiljlj) i riiit i il) j 1102-1102 % North French Street 51 Kittle-Perkins House Landmark 918 North French Street 52 Gleason-Carden House Landmark 916 North French Street 53 Geor a Smith House Landmark 719 North S ur eon Street 54 Brown-Baker House Landmark 801 North Minter Street Unit A &Cooper House Landmark B((i2) RECOMMENDATION: Adopt a resolution approving Historic Resources Commission Application Nos. 2002-02 through 2002-05 and 2002-13. Adopt a resolution approving Historic Register Categorization Nos. 2002-51 through 2002-54 and 2002-62. Irma Hernandez, Assistant Planner, presented the staff report and recommendation. She advised the Commission that the property owner for 916 N. French Street had requested a continuance of the application and categorization of their house. Staff recommended continuing action on the matter to June 6, 2002 and approving the remaining applications and categorizations. No written communications had been received. Vice Chairman Giles opened the public hearing. Bill Burk, owner of two of the properties, spoke in support of historic preservation and requested clarification of the advantages and any disadvantages of being placed on the Register. Vice Chairman Giles advised that there were no hidden disadvantages and Deputy City Attorney Odette advised him of the potential requirements for review of proposed modifications to the historic structure. Vice Chairman Giles closed the public hearing. Motion to adopt a resolution approving Historic Resources Commission Application Nos. 2002-02, 03, 05, and 13, and continue No. 2002-04 to June 6, 2002. Motion to adopt a resolution approving Historic Register Categorization No. 2002- 51, 52, 54 and 62, and to continue No. 2002-53 to June 6, 2002. MOTION: Chinn SECOND: Schaefer AYES: Chinn, Corpin, Gartner, Giles, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, Kings, Richardson (3) ABSTENTION: None (0) 3. Filed by the City of Santa Ana fo place and categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: April 19, 2002 PUBLICLY NOTICED: April 19, 2002 HISTORIC RESOURCES COMMISSION MINUTES 4 May 2, 2002 Historic Resources Commission c – 27 3/7/2024 I I {III 6ht) III iI in di i i I X11 i i!I !'!~I~!i I nFi ~~~, i l iii III i I)1 i ( iil~~ ~~) (,7 i i i) II !iu,' ~ ~i' ~ (~) (~~I" 1120 North S ur eon Street 50 I. i11+141 iinkpax i ,; e«~IVti#it{iN I~ ~{ wi,ii) ~ i ( i Axelson House i i (;i Ke 720 North French Street 56 Cochems House Ke 1006 North French Streef 58 Morris House Ke 1112 North French Street 60 James Alexander House Ke 802 North Minter Streef li3 Kinle House Ke RECOMMENDATION: Adopt a resolution approving Historic Resources Commission Application Nos. 2002-01, 07, 09, 11, and 14. Adopt a resolution approving Historic Register Categorization Nos. 2002- 50, 56, 58, 60, and 63. Irma Hernandez, Assistant Planner, presented the staff report and recommendation. Vice Chairman Giles opened the public hearing. No written communications had been received and there were no speakers on the matter. Vice Chairman Giles closed the public hearing. Motion to adopt a resolution approving Historic Resources Commission Application Nos. 2002-01, 07, 09, 11, and 14. Motion to adopt a resolution approving Historic Register Categorization No. 2002- 50, 56, 58, 60, 63. MOTION: Schaefer SECOND: Corpin AYES: Chinn, Corpin, Gartner, Giles, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, .Kings, Richardson (3) ABSTENTION: None (0) 4. Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: April 19, 2002 PUBLICLY NOTICED: April 19, 2002 n RECOMMENDATION: Adopt a resolution approving Historic Resources Commission Application Nos. 2002-06, 10, and 15. Adopt a resolution approving Historic Register Categorization Nos. 2002- 55, 59 and 64. HISTORIC RESOURCES COMMISSION MINUTES 5 May 2, 2002 Historic Resources Commission c – 28 3/7/2024 Irma Hernandez, Assistant Planner, presented the staff report and recommendation. Vice Chairman Giles opened the public hearing. No written communications had been received. Bill Burk, historic property owner, expressed concern regarding residents who do not want their property on the list and about historic property requirements in general. Vice Chairman Giles and Commissioner Chinn assured him of the value of placement on the Register and the protection it offered. Vice Chairman Giles closed the public hearing. Motion to adopt a resolution approving Historic Resources Commission Application Nos. 2002-06, 10, and 15. Motion to adopt a resolution approving Historic Register Categorization No. 2002- 55, 59, and 64. MOTION: O'Callaghan SECOND: Schaefer AYES: Chinn, Corpin, Gartner, Giles, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, Kings, Richardson (3) ABSTENTION: None (0) 5. HISTORIC RESOURCE REGISTER CATEGORIZATION NOS. 2002-46, 47, AND 65 Filed by fhe City of Santa Ana to categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED /N THE REGISTER: April 19, 2002 PUBLICLY NOTICED: April 19, 2002 RECOMMENDATION: Adopt a resolution approving Historic Register Categorization Nos. 2002- 46, 47 and 65. Irma Hernandez, Assistant Planner, presented the staff report and recommendation. Vice Chairman Giles opened the public hearing. No written communications had been received and there were no speakers on the matter. Vice Chairman Giles closed the public hearing. Mofion fo adopt a resolution approving Historic Register Categorization No. 2002- 55, 59, and 64. HISTORIC RESOURCES COMMISSION MINUTES 6 May 2, 2002 Historic Resources Commission c – 29 3/7/2024 MOTION: O'Callaghan SECOND: Schaefer AYES: Chinn, Corpin, Gartner, Giles, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, Kings, Richardson (3) ABSTENTION: None (0) PUBLIC COMMENTS 6. Public Comments (items not on the agenda) None STAFF AND COMMISSION COMMENTS 7. Comments from Staff Mr. Edwards Noted that Santa Ana had been presented with a resolution at the California Preservation Conference certifying status as a Certified Local Government. Provided an update on the proposed One Broadway Plaza project and advised that it was anticipated that the Environmental Impact Report would be released on June 3. Noted that both the Template Review Committee and the Phillips Hutton Ad Hoc Committee were scheduled to meet on May 8. Announced that Jeffry Rice, Principal Planner, had accepted a position with the City of Orange as Planning Manager. 8. Comments from Historic Resources Commission Commissioner Chinn Noted that National Historic Preservation Week was scheduled in May and that an open house would be held on May 15 at the Howe-Waffle House. Requested information about a plaque he observed while on the Floral Park tour and requested an update on the plaques that the Commission had reviewed. Mr. Edwards advised that staff was working with Mr. Harris on the language and would be bringing it back to the Commission. Noted that while in San Juan Capistrano he had received a printed guide for their walking tour and requested a status update on the brochure being created for Santa Ana. Mr. Edwards will research and provide an update. Advised that Floral Park residents were accessing library resources to research the history of their homes and requested that staff provide assistance with a format for the data. Wished Mr. Rice good luck in his new position. Commissioner Corpin Wished Mr. Rice good luck and requested to be advised of farewell activities. Commissioner Gartner Congratulated Mr. Rice on his new position. Thanked Ms. Hernandez for the good job done on the presentations. Commissioner O'Callaghan Congratulated Mr. Rice on his new position Noted that he went on the Floral Park tour and had enjoyed. Noted that owners of historic property should be made aware that there could be additional review for any modifications. HISTORIC RESOURCES COMMISSION MINUTES 7 May 2, 2002 Historic Resources Commission c – 30 3/7/2024 Commissioner Schaefer Announced that the Floral Park tour was a success. Advised that he had received a request from Mr. Hugh Neighbor, Jr. for one of the two plaques that are currently on the Bristol Street Bridge over Santiago Creek to give to his father who had been an engineer for the bridge. Wished Mr. Rice good luck and thanked him for his service. Vice Chairman Giles for Madam Chair Kinos Confirmed the Phillips Hutton Ad Hoc meeting scheduled for May 8 at 4:00 p. m. Requested status of One Broadway Plaza Relocation Plan and was advised by Mr. Edwards that it would be included in the June agenda packet. Vice Chairman Giles Requested that the video on the One Broadway Plaza project be shown on Channel 3. Mr. Edwards advised that it would not be available until after the EIR has been released. Commented that he had participated in the Floral Park tour and that it had been a huge success. Noted that it had been a pleasure working with Mr. Rice and wished him good luck. 9. Excuse of Absences Motion by Commissioner Corpin and seconded by Commissioner Gartner to excuse the absence of Madam Chair Kings and Commissioner's Bustamante and Richardson, and approved unanimously by a vote of 6:0. L 10. Adjournment - 6:55 p.m. To May 21, 2002 at 5:00 p.m. in City Hall Fifth Floor Conference Room 510, 20 Civic Center Plaza, Santa Ana, California. ing Secretary HISTORIC RESOURCES COMMISSION MINUTES 8 May 2, 2002 Historic Resources Commission c – 31 3/7/2024 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 Daniel Robert Neumann and Jessica Lee Neumann, Husband and Wife as Joint Tenants (hereinafter collectively referred to as “Owner”), owner of real property located at 944 West Buffalo 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 944 West Buffalo 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. Exhibit 5 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 8, 2024, 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 “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 3 - 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” Restoration of three (3) aluminum- frame tripartite windows at the primary (north) façade with wood material to match the existing wood window’s trim and sill at the primary (north) façade and replacement of two (2) rear, kitchen doors with compatible wood Dutch doors shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 4 - 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the 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. MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 5 - 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 944 West Buffalo Avenue, Assessor Parcel Number, 001-185-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 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 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 6 - Attn: Clerk of the Council Owners: Daniel Robert and Jessica Lee Neumann 944 West Buffalo 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. 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. MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 7 - 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} MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 8 - ATTEST:CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL THOMAS R. HATCH City Clerk Interim City Manager OWNERS Date: ___________________ By:__________________ DANIEL ROBERT NEUMANN Date: ___________________ By:__________________ JESSICA LEE NEUMANN APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 9 - 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: LOTS 6 AND 7 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE SOUTH 42.00 FEET OF SAID LOT 7. Assessor’s Parcel Number: 001-185-17 EXECUTIVE SUMMARY Moss House 944 West Buffalo Avenue Santa Ana, CA 92706 NAME Moss House REF. NO. ADDRESS 944 West Buffalo Avenue CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1959 LOCAL REGISTER CATEGORY: Key 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 1930s 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 Moss House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch Style house from the late-1950s. Additionally, the house qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b, for its association with Dr. William Moss who established his surgery practice in Santa Ana and continued to develop his medical career in Orange County for decades following, and for its association with Betty Moss, who contributed to Santa Ana and the greater Orange County community through her involvement with numerous community organizations. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. •It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation. Exhibit B 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 _5_ Resource name(s) or number (assigned by recorder) Moss House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 944 West Buffalo Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-185-17 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Moss House is a one story, single-family, Ranch Style residence located on a medium-sized corner parcel in the West Floral Park neighborhood (Figure 1). The asymmetrical main residence has two primary facades facing the north and west. It exhibits a rectangular-shaped plan with long horizontal massing facing Buffalo Avenue to the north. Its low-pitch hipped and multi-gabled roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in a mix of horizontal wood panel siding, vertical wood panel siding, and stucco. At the primary (north) façade the building’s expansive roof shelters over a detached garage, adjacent porte cochere, and the main house (Figures 2, 3, & 4). The primary entrance is setback within a covered porch at the primary (north) façade. The front door is made of a wood Dutch door with divided lights above paired wood paneling (Figure 5). Two large aluminum-frame windows, comprised of a central fixed window between two sliding windows and decorative wood shutters, flank the main entrance. A third window at the primary (north) façade below the front facing gable is a wood-frame window with a central fixed window between two sliding windows. (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (north and west) elevations, view southeast, Nov 2023 *P6. Date Constructed/Age and Sources: historic 1959/ Orange County Assessor’s *P7. Owner and Address: Daniel Robert and Jessica Lee Neumann 944 West Buffalo Avenue Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: March 7, 2024 *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)*Required information P5a. Photo State of California ⎯⎯ The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code_5S3_________________________ *Resource Name or #: Moss House B1. Historic Name: Moss House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch Style *B6. Construction History: (Construction date, alterations, and date of alterations): October 20, 1958. Permit to construct a single residence with garage. $20,000. May 18, 1959. Guest house for Dr. Wm.Moss by S.A. Griswold. April 11, 1966. Private swim pool by Wm. Moss-ower. $3,000. April 26, 1966. 7 foot slump stone wall for Dr. Robert Moss by Jack chandler $400. March 8, 2023. Change out five (5) windows and one (1) sliding glass door, like-for-like in size, from aluminum to vinyl on the guest house. Unknown date. Front door replacement. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Porte-Cochere, detached garage, detached accessory building, brise-soleil block wall, front lawn B9a. Architect: Unknown b. Builder: S. Griswold (owner-contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1959 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 Moss House is architecturally significant as an intact example of a Ranch style house in Santa Ana. The original building permit is dated October 20, 1958, which indicates it was built as a single family residence and garage for owner and contractor S. Griswold for $20,000, who appears to have been affiliated with the property only during the time of the intial building permit. Orange County Assessor's data indicates the build date as 1959. The original architect is unknown. City directories were not available from 1958-1959. The 1959 building permit notes that the detached guest house was constructed for Dr. William M. Moss, who was also listed as the property owner in the 1960 city directories. (See Continuation Sheet 3 of 5). 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 4 of 5.) B13. Remarks: None *B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: March 7, 2024 DPR 523B (1/95) Sketch Map (This space reserved for official comments.)NMoss House 944 West Buffalo Street State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 5_Resource Name: Moss House *Recorded by Andrea Dumovich Heywood *Date March 7, 2024⌧ Continuation  Update DPR 523L *P3a. Description (continued): Fenestration on the side (west) façade is not visible due to a concrete block brise-soleil wall that blocks visibility. The side (east) façade contains one small louvered glass window within the interior of the porte-cochere and one partially glazed door. The rear (south) façade contains four aluminum-frame fully glazed siding doors and one partially glazed door. One of the rear sliding doors has decorative wood shutters to match those on the primary (north) façade (Figure 6). The garage door facing Buffalo Avenue is made of wood and has a row of rectangular upper lights and lower paneling. The garage’s rear (south) façade contains a smaller utilitarian vehicular wood door and a single pedestrian wood door. The porte- cochere contains a wood double gate at its entrance at the primary (north) façade, with an interior vaulted gable ceiling. Additional architectural features include two wood support beams at the front porch, a central brick chimney visible at the primary (north) façade, front entrance concrete pathway lined with brick on its sides, and minimal brick infill at the driveway delineating a “T” shape. The rear yard contains a single-story, detached guest house (accessory dwelling unit) with a rectangular footprint and a gable roof and a swimming pool (Figure 7). The accessory unit’s main entrance is a wood door with divided lights over solid wood paneling. Window fenestration on the accessory unit consists of black vinyl slider windows with divided lights, black vinyl one-over-one hung windows, and a double sliding glass vinyl-framed door. The property is landscaped with a front lawn, small shrubs, and low brick planters. *B10. Significance (continued): Dr. William M. Moss (1926-2018), was born in Evanston, Illinois and received his Doctor of Medicine degree from University of Illinois before moving to Santa Ana in 1957. In 1959, Dr. Moss began his surgeon practice at the Santa Ana Community Hospital and was later appointed as a board officer for the hospital in 1963 (William M. Moss, The Orange County Register and The Register, December 18 1963). His then wife, Betty Rupert Moss (1932-2018), was president of the Woman's Auxiliary for the Orange County Medical Association and was a board member in various local groups including Community Chest, St. Joseph Hospital Guild, and Assistance League of Santa Ana, among others (The Register, May 29 1964). In 1976, Dr. Moss and his wife Betty divorced. In the 1970s, Dr. Moss moved to Tustin and began the Doctor’s Family Planning Clinic in Orange County, which offered full family planning services including abortions. When Roe v. Wade, the 1973 Supreme Court decision to legalize abortion, came under attack in the early 1990s, Dr. William Moss was targeted by anti-abortion activists and subject to ongoing harassment, including by a Tustin City Council member, at his home in North Tustin and at his medical practice in 1990 (The Los Angeles Times, May 13 1990). He was welcomed as the guest of honor at a Pro- Choice Orange County event one year later in 1991 (The Los Angeles Times, September 22 1991). Dr. Moss passed away in 2018. After the divorce in 1976, Betty continued to be actively engaged in the Santa Ana and Orange County community. In 1981 she established the Orange County Business Committee for the Arts and served as its executive director for 28 years. In 1993, the OC Metro magazine named Betty one of “Ten Women Making a Difference in Orange County” and in 2008 she received a Certificate of Congressional Recognition from the OC Board of Supervisors for her community work (Betty Rupert Moss, The Orange County Register). Betty resided at the subject property for a total of 59 years until her death in 2018. In 2018, the property was purchased by its current owners, Daniel and Jessica Neumann. 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. Since the second half of the twentieth century, the neighborhood in which the Moss 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 Moss House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch Style house from the late-1950s. Additionally, the house qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b, for its association with Dr. William Moss who established his surgeon practice in Santa Ana and State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 5_Resource Name: Moss House *Recorded by Andrea Dumovich Heywood *Date March 7, 2024⌧ Continuation  Update DPR 523L continued to develop his medical career in Orange County for decades following, and for its association with Betty Moss, who contributed to Santa Ana and the greater Orange County community through her involvement with numerous community organizations. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Moss House include, but may not be limited to: two primary facades to the north and west; long horizontal massing; low-pitch hipped and multi-gabled roof clad in asphalt shingles with overhanging eaves and exposed rafter tails; wood panel siding, vertical wood panel siding, and stucco siding; one roof that covers the detached garage, porte-cochere, and main house; primary entrance set back into the building within a covered porch; large windows on the primary façade composed of a central fixed window flanked by two sliding windows (original/compatible material is wood with wood trim); window shutters; four large aluminum-frame sliding glass doors at the rear (south) façade; louvered window at the east façade; brise-soleil wall at west façade; detached guest house; two wood support beams at the front porch; a central brick chimney; front entrance concrete pathway lined with brick on its sides; minimal brick infill at the driveway delineating a “T” shape; and a front lawn with small shrubs and low brick planters. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. "Betty Rupert Moss." The Orange County Register, https://obits.ocregister.com/us/obituaries/orangecounty/name/betty-moss- obituary?id=8962138. Accessed 23 January 2024. 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, The 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. "William M. Moss." The Orange County Register, https://obits.ocregister.com/us/obituaries/orangecounty/name/william-moss- obituary?id=8891530. Accessed 23 January 2024. Santa Ana and Orange County Directories, 1958-2008. State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 5_Resource Name: Moss House *Recorded by Andrea Dumovich Heywood *Date March 7, 2024⌧ Continuation  Update DPR 523L Additional Figures: Figure 2. At the primary (north) façade the building’s expansive roof shelters over a detached garage, adjacent porte-cochere, and the main house, facing south. Figure 3. The building’s expansive roof shelters over a detached garage, adjacent porte-cochere, and the main house, facing south. Figure 4. The building’s expansive roof shelters over a detached garage, adjacent porte-cochere, and the main house, facing southwest. Figure 5. The front door is made of a wood Dutch door with divided lights above paired wood paneling, facing south. Figure 6. The rear (south) façade contains four aluminum-frame fully glazed siding doors and one partially glazed door, facing northwest. Figure 7. The rear yard contains a single-story, detached guest house (accessory dwelling unit) with a rectangular footprint and a gable roof), facing south. MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Exhibit D: Proposed Structure Improvements (“Work Plan”) 944 West Buffalo Avenue Item Year Improvement 1 2027 Restore three (3) aluminum-frame tripartite windows at the primary (north) façade with wood material to match the existing wood window’s trim and sill at the primary (north) façade. 2 2029 Replace two (2) rear, kitchen doors with compatible wood Dutch doors 3 2030 Replace all four (4) rear aluminum sliding doors with energy efficient sliders in aluminum material or a material comparable to aluminum (per Planning Staff’s approval). 4 2031 Remove top coat paint from front porch tiles and restore tiles back to its original material/design. Exhibit D Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report March 7, 2024 Topic: HRCA No. 2023-27, HRC No. 2024-01, HPPA No. 2024-01 – Moss House (944 W. Buffalo Avenue) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2023-27 and Historic Register Categorization No. 2024-01 (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 Daniel and Jessica Neumann, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Daniel and Jessica Neumann are requesting approval to designate an existing Ranch style residence located at 944 West Buffalo 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. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch Style house from the late- 1950s. Additionally, the house qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b, for its association with Dr. William Moss who established his surgeon practice in Santa Ana and continued to develop his medical career in Orange County for decades following, and for its association with Betty Moss, who contributed to Santa Ana and the greater Orange County community through her involvement with numerous community organizations. It is worthy of “Key” categorization because it has a distinctive architectural style and quality reflective of the Ranch style, including its long horizontal massing, low-pitch roof with overhanging eaves, and large windows, among other features. DISCUSSION Project Location and Site Description The subject property is located on a corner lot, on the south side of West Buffalo Avenue and the east side of Freeman Street, in the West Floral Park neighborhood in Santa Ana. Exhibit 6 Historic Resources Commission 1 – 1 3/7/2024 HRCA No. 2023-27, HRC No. 2024-01, HPPA No. 2024-01 – Moss House (944 W. Buffalo Avenue) March 7, 2024 Page 2 The site contains a 2,297-square-foot, Ranch style residence and detached garage, on a 12,292-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 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 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 structure is 66 years old and is a sound example of period architecture. No known code violations exist on record for this property. The Moss House is architecturally significant as an intact example of a Ranch style house in Santa Ana. The original building permit is dated October 20, 1958, which indicates it was built as a single family residence and garage for owner and contractor S. Griswold for $20,000, who appears to have been affiliated with the property only during the time of the initial building permit. Orange County Assessor's data indicates the build date as 1959. The original architect is unknown. City directories were not available from 1958- 1959. The 1959 building permit notes that the detached guest house was constructed for Dr. William M. Moss, who was also listed as the property owner in the 1960 city directories. Dr. William M. Moss (1926-2018), was born in Evanston, Illinois and received his Doctor of Medicine degree from University of Illinois before moving to Santa Ana in 1957. In 1959, Dr. Moss began his surgeon practice at the Santa Ana Community Hospital and was later appointed as a board officer for the hospital in 1963 (William M. Moss, The Orange County Register and The Register, December 18 1963). His then wife, Betty Rupert Moss (1932-2018), was president of the Woman's Auxiliary for the Orange County Medical Association and was a board member in various local groups including Community Chest, St. Joseph Hospital Guild, and Assistance League of Santa Ana, among others (The Register, May 29 1964). In 1976, Dr. Moss and his wife Betty divorced. In the 1970s, Dr. Moss moved to Tustin and began the Doctor’s Family Planning Clinic in Orange County, which offered full family planning services including abortions. When Roe v. Wade, the 1973 Supreme Court decision to legalize abortion, came under attack in the Historic Resources Commission 1 – 2 3/7/2024 HRCA No. 2023-27, HRC No. 2024-01, HPPA No. 2024-01 – Moss House (944 W. Buffalo Avenue) March 7, 2024 Page 3 early 1990s, Dr. William Moss was targeted by anti-abortion activists and subject to ongoing harassment, including by a Tustin City Council member, at his home in North Tustin and at his medical practice in 1990 (The Los Angeles Times, May 13 1990). He was welcomed as the guest of honor at a Pro-Choice Orange County event one year later in 1991 (The Los Angeles Times, September 22 1991). Dr. Moss passed away in 2018. After the divorce in 1976, Betty continued to be actively engaged in the Santa Ana and Orange County community. In 1981 she established the Orange County Business Committee for the Arts and served as its executive director for 28 years. In 1993, the OC Metro magazine named Betty one of “Ten Women Making a Difference in Orange County” and in 2008 she received a Certificate of Congressional Recognition from the OC Board of Supervisors for her community work (Betty Rupert Moss, The Orange County Register). Betty resided at the subject property for a total of 59 years until her death in 2018. In 2018, the property was purchased by its current owners, Daniel and Jessica Neumann. The Moss House is a one story, single-family, Ranch Style residence located on a medium-sized corner parcel in the West Floral Park neighborhood. The asymmetrical main residence has two primary facades facing the north and west. It exhibits a rectangular-shaped plan with long horizontal massing facing Buffalo Avenue to the north. Its low-pitch hipped and multi-gabled roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in a mix of horizontal wood panel siding, vertical wood panel siding, and stucco. At the primary (north) façade the building’s expansive roof shelters over a detached garage, adjacent porte-cochere, and the main house. The primary entrance is setback within a covered porch at the primary (north) façade. The front door is made of a wood Dutch door with divided lights above paired wood paneling. Two large aluminum-frame windows, comprised of a central fixed window between two sliding windows and decorative wood shutters, flank the main entrance. A third window at the primary (north) façade below the front facing gable is a wood-frame window with a central fixed window between two sliding windows. Fenestration on the side (west) façade is not visible due to a concrete block brise-soleil wall that blocks visibility. The side (east) façade contains one small louvered glass window within the interior of the porte-cochere and one partially glazed door. The rear (south) façade contains four aluminum-frame fully glazed siding doors and one partially glazed door. One of the rear sliding doors has decorative wood shutters to match those on the primary (north) façade. The garage door facing Buffalo Avenue is made of wood and has a row of rectangular upper lights and lower paneling. The garage’s rear (south) façade contains a smaller utilitarian vehicular wood door and a single pedestrian wood door. The porte-cochere contains a wood double gate at its entrance at the primary (north) façade, with an interior vaulted gable ceiling. Historic Resources Commission 1 – 3 3/7/2024 HRCA No. 2023-27, HRC No. 2024-01, HPPA No. 2024-01 – Moss House (944 W. Buffalo Avenue) March 7, 2024 Page 4 Additional architectural features include two wood support beams at the front porch, a central brick chimney visible at the primary (north) façade, front entrance concrete pathway lined with brick on its sides, and minimal brick infill at the driveway delineating a “T” shape. The rear yard contains a single-story, detached guest house (accessory dwelling unit) with a rectangular footprint and a gable roof and a swimming pool. The accessory unit’s main entrance is a wood door with divided lights over solid wood paneling. Window fenestration on the accessory unit consists of black vinyl slider windows with divided lights, black vinyl one-over-one hung windows, and a double sliding glass vinyl-framed door. The property is landscaped with a front lawn, small shrubs, and low brick planters. Character-defining features of the Moss House include, but may not be limited to: two primary facades to the north and west; long horizontal massing; low-pitch hipped and multi-gabled roof clad in asphalt shingles with overhanging eaves and exposed rafter tails; wood panel siding, vertical wood panel siding, and stucco siding; one roof that covers the detached garage, porte-cochere, and main house; primary entrance set back into the building within a covered porch; large windows on the primary façade composed of a central fixed window flanked by two sliding windows (original/compatible material is wood with wood trim); window shutters; four large aluminum-frame sliding glass doors at the rear (south) façade; louvered window at the east façade; brise-soleil wall at west façade; detached guest house; two wood support beams at the front porch; a central brick chimney; front entrance concrete pathway lined with brick on its sides; minimal brick infill at the driveway delineating a “T” shape; and a front lawn with small shrubs and low brick planters. The Moss House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch Style house from the late- 1950s. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style. 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: Historic Resources Commission 1 – 4 3/7/2024 HRCA No. 2023-27, HRC No. 2024-01, HPPA No. 2024-01 – Moss House (944 W. Buffalo Avenue) March 7, 2024 Page 5 •Long term preservation of the property and visual improvement to the neighborhood •A mechanism to provide for property rehabilitation •Incentives for potential buyers to purchase historic structures •Discouraging 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 subject to a completion of future improvements as described in an attached Work Plan. Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: replace two (2) rear kitchen doors with compatible Dutch doors and replace all four (4) rear aluminum-frame sliding doors with energy efficient sliders in aluminum-frame or a frame material that is comparable to aluminum. Staff also proposes that the three (3) front aluminum-frame windows at the primary (north) façade be replaced with wood-frames to match the existing wood window’s trim and sill at the primary (north) façade. The front window change outs shall be completed during the initial five years. Lastly, staff proposes removing the top coat of paint from the front porch tiles and restoring the tiles back to their original material/design, to be completed within the first ten years of the Mills Act Agreement. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. Public Notification The subject site is located within the West Floral Park Neighborhood Association. 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, has been received from any members of the public. Historic Resources Commission 1 – 5 3/7/2024 HRCA No. 2023-27, HRC No. 2024-01, HPPA No. 2024-01 – Moss House (944 W. Buffalo Avenue) March 7, 2024 Page 6 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-01 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,013.59 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 1 – 6 3/7/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 1 of 6 RESOLUTION NO. 2024-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2023-27 TO PLACE THE PROPERTY LOCATED AT 944 WEST BUFFALO AVENUE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2024-01 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 March 7, 2024, 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. 2023-27) and categorization (Historic Resources Commission Categorization No. 2024- 01) of the Moss House located at 944 West Buffalo Avenue, Santa Ana. B. The Moss House has distinctive architectural features of the Ranch style and was built in 1959. C. The Moss House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch style home in Santa Ana. The house displays characteristics of the Ranch style through its use of long, horizontal massing, asymmetrical façade, front porch, low- pitch roof; among other original features. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). Character- defining features of the Moss House include, but may not be limited to: Two primary facades to the north and west; long horizontal massing; low-pitch hipped and multi-gabled roof clad in asphalt shingles with overhanging eaves and exposed rafter tails; wood panel siding, vertical wood panel siding, and stucco siding; one roof that covers the detached garage, porte- cochere, and main house; primary entrance set back into the building within a covered porch; large windows on the primary façade composed of a central fixed window flanked by two sliding windows (original/compatible material is wood with wood trim); window shutters; four large aluminum- frame sliding glass doors at the rear (south) façade; louvered window at the east façade; brise-soleil wall at west façade; detached guest house; two wood support beams at the front porch; a central brick chimney; front entrance concrete pathway lined with brick on its sides; minimal brick infill Historic Resources Commission 1 – 7 3/7/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 2 of 6 at the driveway delineating a “T” shape; and a front lawn with small shrubs and low brick planters. D. The legal owners of the property are Daniel Robert Neumann and Jessica Lee Neumann, Husband and Wife as Joint Tenants. 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 minimum standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement work plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including window restoration at the primary façade. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2024-01 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. 2023-27 to place the Moss House located at 944 West Buffalo Avenue, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2024-01 placing the Moss House located at 944 West Buffalo, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. 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. Historic Resources Commission 1 – 8 3/7/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 3 of 6 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 7th day of March, 2024. __________________________ Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Brandon Salvatierra Deputy City Attorney AYES:Commission members____________________________________ NOES:Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ ___________________________________________________________________________________________________________ BrBrBrBrBrBrBrBrBrBrBrBrBBanananananananananananadddddon Salvatierra Historic Resources Commission 1 – 9 3/7/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 4 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on March 7, 2024. Date: ________________ ____________________________________ Nuvia Ocampo Commission Secretary City of Santa Ana Historic Resources Commission 1 – 10 3/7/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 5 of 6 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-185-07 944 West Buffalo Avenue THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOTS 6 AND 7 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE SOUTH 42.00 FEET OF SAID LOT 7. Daniel Robert and Jessica Lee Neumann Historic Resources Commission 1 – 11 3/7/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2024-XX Page 6 of 6 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2023-27 and Historic Resources Commission Categorization No. 2024-01 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: 1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 944 West Buffalo Avenue, historically known as the Moss House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Historic Resources Commission 1 – 12 3/7/2024 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 Daniel Robert Neumann and Jessica Lee Neumann, Husband and Wife as Joint Tenants (hereinafter collectively referred to as “Owner”), owner of real property located at 944 West Buffalo 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 944 West Buffalo 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. Historic Resources Commission 1 – 13 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 2 - E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 8, 2024, 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 “Executive Summary” attached hereto, marked as Exhibit B1, and “Historical Property Description” attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, Historic Resources Commission 1 – 14 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 3 - 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements.” Restoration of three (3) aluminum- frame tripartite windows at the primary (north) façade with wood material to match the existing wood window’s trim and sill at the primary (north) façade and replacement of two (2) rear, kitchen doors with compatible wood Dutch doors shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. Historic Resources Commission 1 – 15 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 4 - 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the 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. Historic Resources Commission 1 – 16 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 5 - 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 944 West Buffalo Avenue, Assessor Parcel Number, 001-185-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. c. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with notice that the property is listed on the City’s historic Register. 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 Historic Resources Commission 1 – 17 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 6 - Attn: Clerk of the Council Owners: Daniel Robert and Jessica Lee Neumann 944 West Buffalo 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. 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. Historic Resources Commission 1 – 18 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 7 - 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} Historic Resources Commission 1 – 19 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 8 - ATTEST:CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL THOMAS R. HATCH City Clerk Interim City Manager OWNERS Date: ___________________ By:__________________ DANIEL ROBERT NEUMANN Date: ___________________ By:__________________ JESSICA LEE NEUMANN APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency Historic Resources Commission 1 – 20 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 9 - 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: LOTS 6 AND 7 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE SOUTH 42.00 FEET OF SAID LOT 7. Assessor’s Parcel Number: 001-185-17 Historic Resources Commission 1 – 21 3/7/2024 EXECUTIVE SUMMARY Moss House 944 West Buffalo Avenue Santa Ana, CA 92706 NAME Moss House REF. NO. ADDRESS 944 West Buffalo Avenue CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1959 LOCAL REGISTER CATEGORY: Key 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 1930s 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 Moss House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch Style house from the late-1950s. Additionally, the house qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b, for its association with Dr. William Moss who established his surgery practice in Santa Ana and continued to develop his medical career in Orange County for decades following, and for its association with Betty Moss, who contributed to Santa Ana and the greater Orange County community through her involvement with numerous community organizations. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (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. Historic Resources Commission 1 – 22 3/7/2024 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 _5_ Resource name(s) or number (assigned by recorder) Moss House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 944 West Buffalo Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-185-17 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Moss House is a one story, single-family, Ranch Style residence located on a medium-sized corner parcel in the West Floral Park neighborhood (Figure 1). The asymmetrical main residence has two primary facades facing the north and west. It exhibits a rectangular-shaped plan with long horizontal massing facing Buffalo Avenue to the north. Its low-pitch hipped and multi-gabled roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in a mix of horizontal wood panel siding, vertical wood panel siding, and stucco. At the primary (north) façade the building’s expansive roof shelters over a detached garage, adjacent porte cochere, and the main house (Figures 2, 3, & 4). The primary entrance is setback within a covered porch at the primary (north) façade. The front door is made of a wood Dutch door with divided lights above paired wood paneling (Figure 5). Two large aluminum-frame windows, comprised of a central fixed window between two sliding windows and decorative wood shutters, flank the main entrance. A third window at the primary (north) façade below the front facing gable is a wood-frame window with a central fixed window between two sliding windows. (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (north and west) elevations, view southeast, Nov 2023 *P6. Date Constructed/Age and Sources: historic 1959/ Orange County Assessor’s *P7. Owner and Address: Daniel Robert and Jessica Lee Neumann 944 West Buffalo Avenue Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: March 7, 2024 *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)*Required information P5a. Photo Historic Resources Commission 1 – 23 3/7/2024 State of California ⎯⎯ The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code_5S3_________________________ *Resource Name or #: Moss House B1. Historic Name: Moss House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch Style *B6. Construction History: (Construction date, alterations, and date of alterations): October 20, 1958. Permit to construct a single residence with garage. $20,000. May 18, 1959. Guest house for Dr. Wm.Moss by S.A. Griswold. April 11, 1966. Private swim pool by Wm. Moss-ower. $3,000. April 26, 1966. 7 foot slump stone wall for Dr. Robert Moss by Jack chandler $400. March 8, 2023. Change out five (5) windows and one (1) sliding glass door, like-for-like in size, from aluminum to vinyl on the guest house. Unknown date. Front door replacement. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Porte-Cochere, detached garage, detached accessory building, brise-soleil block wall, front lawn B9a. Architect: Unknown b. Builder: S. Griswold (owner-contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1959 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 Moss House is architecturally significant as an intact example of a Ranch style house in Santa Ana. The original building permit is dated October 20, 1958, which indicates it was built as a single family residence and garage for owner and contractor S. Griswold for $20,000, who appears to have been affiliated with the property only during the time of the intial building permit. Orange County Assessor's data indicates the build date as 1959. The original architect is unknown. City directories were not available from 1958-1959. The 1959 building permit notes that the detached guest house was constructed for Dr. William M. Moss, who was also listed as the property owner in the 1960 city directories. (See Continuation Sheet 3 of 5). 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 4 of 5.) B13. Remarks: None *B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: March 7, 2024 DPR 523B (1/95) Sketch Map (This space reserved for official comments.)NMoss House 944 West Buffalo Street Historic Resources Commission 1 – 24 3/7/2024 State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 5_Resource Name: Moss House *Recorded by Andrea Dumovich Heywood *Date March 7, 2024⌧ Continuation  Update DPR 523L *P3a. Description (continued): Fenestration on the side (west) façade is not visible due to a concrete block brise-soleil wall that blocks visibility. The side (east) façade contains one small louvered glass window within the interior of the porte-cochere and one partially glazed door. The rear (south) façade contains four aluminum-frame fully glazed siding doors and one partially glazed door. One of the rear sliding doors has decorative wood shutters to match those on the primary (north) façade (Figure 6). The garage door facing Buffalo Avenue is made of wood and has a row of rectangular upper lights and lower paneling. The garage’s rear (south) façade contains a smaller utilitarian vehicular wood door and a single pedestrian wood door. The porte- cochere contains a wood double gate at its entrance at the primary (north) façade, with an interior vaulted gable ceiling. Additional architectural features include two wood support beams at the front porch, a central brick chimney visible at the primary (north) façade, front entrance concrete pathway lined with brick on its sides, and minimal brick infill at the driveway delineating a “T” shape. The rear yard contains a single-story, detached guest house (accessory dwelling unit) with a rectangular footprint and a gable roof and a swimming pool (Figure 7). The accessory unit’s main entrance is a wood door with divided lights over solid wood paneling. Window fenestration on the accessory unit consists of black vinyl slider windows with divided lights, black vinyl one-over-one hung windows, and a double sliding glass vinyl-framed door. The property is landscaped with a front lawn, small shrubs, and low brick planters. *B10. Significance (continued): Dr. William M. Moss (1926-2018), was born in Evanston, Illinois and received his Doctor of Medicine degree from University of Illinois before moving to Santa Ana in 1957. In 1959, Dr. Moss began his surgeon practice at the Santa Ana Community Hospital and was later appointed as a board officer for the hospital in 1963 (William M. Moss, The Orange County Register and The Register, December 18 1963). His then wife, Betty Rupert Moss (1932-2018), was president of the Woman's Auxiliary for the Orange County Medical Association and was a board member in various local groups including Community Chest, St. Joseph Hospital Guild, and Assistance League of Santa Ana, among others (The Register, May 29 1964). In 1976, Dr. Moss and his wife Betty divorced. In the 1970s, Dr. Moss moved to Tustin and began the Doctor’s Family Planning Clinic in Orange County, which offered full family planning services including abortions. When Roe v. Wade, the 1973 Supreme Court decision to legalize abortion, came under attack in the early 1990s, Dr. William Moss was targeted by anti-abortion activists and subject to ongoing harassment, including by a Tustin City Council member, at his home in North Tustin and at his medical practice in 1990 (The Los Angeles Times, May 13 1990). He was welcomed as the guest of honor at a Pro- Choice Orange County event one year later in 1991 (The Los Angeles Times, September 22 1991). Dr. Moss passed away in 2018. After the divorce in 1976, Betty continued to be actively engaged in the Santa Ana and Orange County community. In 1981 she established the Orange County Business Committee for the Arts and served as its executive director for 28 years. In 1993, the OC Metro magazine named Betty one of “Ten Women Making a Difference in Orange County” and in 2008 she received a Certificate of Congressional Recognition from the OC Board of Supervisors for her community work (Betty Rupert Moss, The Orange County Register). Betty resided at the subject property for a total of 59 years until her death in 2018. In 2018, the property was purchased by its current owners, Daniel and Jessica Neumann. 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. Since the second half of the twentieth century, the neighborhood in which the Moss 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 Moss House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch Style house from the late-1950s. Additionally, the house qualifies for listing in the Santa Ana Register of Historical Property under Criterion 4b, for its association with Dr. William Moss who established his surgeon practice in Santa Ana and Historic Resources Commission 1 – 25 3/7/2024 State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 5_Resource Name: Moss House *Recorded by Andrea Dumovich Heywood *Date March 7, 2024⌧ Continuation  Update DPR 523L continued to develop his medical career in Orange County for decades following, and for its association with Betty Moss, who contributed to Santa Ana and the greater Orange County community through her involvement with numerous community organizations. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Moss House include, but may not be limited to: two primary facades to the north and west; long horizontal massing; low-pitch hipped and multi-gabled roof clad in asphalt shingles with overhanging eaves and exposed rafter tails; wood panel siding, vertical wood panel siding, and stucco siding; one roof that covers the detached garage, porte-cochere, and main house; primary entrance set back into the building within a covered porch; large windows on the primary façade composed of a central fixed window flanked by two sliding windows (original/compatible material is wood with wood trim); window shutters; four large aluminum-frame sliding glass doors at the rear (south) façade; louvered window at the east façade; brise-soleil wall at west façade; detached guest house; two wood support beams at the front porch; a central brick chimney; front entrance concrete pathway lined with brick on its sides; minimal brick infill at the driveway delineating a “T” shape; and a front lawn with small shrubs and low brick planters. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. "Betty Rupert Moss." The Orange County Register, https://obits.ocregister.com/us/obituaries/orangecounty/name/betty-moss- obituary?id=8962138. Accessed 23 January 2024. 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, The 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. "William M. Moss." The Orange County Register, https://obits.ocregister.com/us/obituaries/orangecounty/name/william-moss- obituary?id=8891530. Accessed 23 January 2024. Santa Ana and Orange County Directories, 1958-2008. Historic Resources Commission 1 – 26 3/7/2024 State of California ⎯⎯ The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 5_Resource Name: Moss House *Recorded by Andrea Dumovich Heywood *Date March 7, 2024⌧ Continuation  Update DPR 523L Additional Figures: Figure 2. At the primary (north) façade the building’s expansive roof shelters over a detached garage, adjacent porte-cochere, and the main house, facing south. Figure 3. The building’s expansive roof shelters over a detached garage, adjacent porte-cochere, and the main house, facing south. Figure 4. The building’s expansive roof shelters over a detached garage, adjacent porte-cochere, and the main house, facing southwest. Figure 5. The front door is made of a wood Dutch door with divided lights above paired wood paneling, facing south. Figure 6. The rear (south) façade contains four aluminum-frame fully glazed siding doors and one partially glazed door, facing northwest. Figure 7. The rear yard contains a single-story, detached guest house (accessory dwelling unit) with a rectangular footprint and a gable roof), facing south. Historic Resources Commission 1 – 27 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 1 - Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic Resources Commission 1 – 28 3/7/2024 MILLS ACT AGREEMENT 944 West Buffalo Avenue Santa Ana, CA 92706 - 2 - size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. Historic Resources Commission 1 – 29 3/7/2024 Exhibit D: Proposed Structure Improvements (“Work Plan”) 944 West Buffalo Avenue Item Year Improvement 1 2027 Restore three (3) aluminum-frame tripartite windows at the primary (north) façade with wood material to match the existing wood window’s trim and sill at the primary (north) façade. 2 2029 Replace two (2) rear, kitchen doors with compatible wood Dutch doors 3 2030 Replace all four (4) rear aluminum sliding doors with energy efficient sliders in aluminum material or a material comparable to aluminum (per Planning Staff’s approval). 4 2031 Remove top coat paint from front porch tiles and restore tiles back to its original material/design. Historic Resources Commission 1 – 30 3/7/2024 O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 944 W Buffalo Ave 02/16/2024 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3784484 !A000006690669! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION TheCityofSantaAnaencouragesthe public to participate in the decision- making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location:944 West Buffalo Avenue located within the Single Family Residential (R1) zoning district. Project Applicant:Daniel Robert & Jessica Lee Neumann (Property Owners) Project Description:The applicant is requesting approval of Historic Resources Commission Application No. 2023-27, Historic Register Categorization No. 2024- 01, and Historic Property Preservation Agreement No. 2024-01 to allow the placement and categorization in the Santa Ana Register of Historical Properties as “Key” for the above mentioned property and to execute a Historic Property Preservation Agreement (Mills Act Agreement) with the City. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER- 2024-1 will be filed for this project. Meeting Details:This matter will be heard on Thursday, March 7, 2024, at 4:30 p.m.in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701.Members of the public may attend this meeting in-person or join via Zoom.For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-participation. Written Comments:If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701.Deadline to submit written commentsis3:30p.m.onthedayof the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. Note:Ifyouchallengethedecisiononthe above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667- 2732. N?u c?n liên l?c b?ng ti?ng Vi?t, xin ?i?n tho?i cho Tony Lai s? (714) 565- 2627. 2/16/24 OR-3784484# Historic Resources Commission 1 – 31 3/7/2024 CITY OF SANTA ANA Planning and Building Agency &LYLF&HQWHU3OD]DƔ32%R[ 6DQWD$QD&DOLIRUQLD ZZZVDQWD-DQDRUJ/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION Historic Resources Commission Action: 7KH+LVWRULF5HVRXUFHV&RPPLVVLRQZLOOKROGD3XEOLF +HDULQJWRUHFHLYHSXEOLFWHVWLPRQ\DQGZLOOWDNHDFWLRQRQWKHLWHPGHVFULEHGEHORZ7KHLUGHFLVLRQLV ILQDOXQOHVVDSSHDOHGWRWKH&LW\&RXQFLOZLWKLQGD\VRIWKHGHFLVLRQE\DQ\LQWHUHVWHGSDUW\ RUJURXS Project Location: :HVW%XIIDOR$YHQXHORFDWHGZLWKLQWKH6LQJOH)DPLO\5HVLGHQWLDO 5  ]RQLQJGLVWULFW Project Applicant: 'DQLHO5REHUW -HVVLFD/HH1HXPDQQ 3URSHUW\2ZQHUV Project Description: 7KHDSSOLFDQWLVUHTXHVWLQJDSSURYDORI+LVWRULF5HVRXUFHV&RPPLVVLRQ $SSOLFDWLRQ 1R - +LVWRULF 5HJLVWHU &DWHJRUL]DWLRQ 1R - DQG +LVWRULF 3URSHUW\ 3UHVHUYDWLRQ$JUHHPHQW1R-WRDOORZWKHSODFHPHQWDQGFDWHJRUL]DWLRQLQWKH6DQWD$QD 5HJLVWHURI+LVWRULFDO3URSHUWLHVDV³.H\´IRUWKHDERYHPHQWLRQHGSURSHUW\DQGWRH[HFXWHD+LVWRULF 3URSHUW\3UHVHUYDWLRQ$JUHHPHQW 0LOOV$FW$JUHHPHQW ZLWKWKH&LW\ Environmental Impact: 3XUVXDQWWRWKH&DOLIRUQLD(QYLURQPHQWDO4XDOLW\$FW &(4$ DQGWKH&(4$ *XLGHOLQHVWKHSURMHFWLVH[HPSWIURPIXUWKHUUHYLHZXQGHU6HFWLRQ&ODVVDVWKLVDFWLRQLV GHVLJQHGWRSUHVHUYHD KLVWRULFUHVRXUFH&DWHJRULFDO([HPSWLRQ1R(5-- ZLOOEHILOHGIRUWKLV SURMHFW Meeting Details: 7KLVPDWWHUZLOOEHKHDUGRQThursday, March 7, 2024, at 4:30 p.m. LQWKH&LW\ &RXQFLO&KDPEHUV&LYLF&HQWHU3OD]D6DQWD$QD&$Members of the public may attend this meeting in-person or join via Zoom. )RUWKHPRVWXSWRGDWHLQIRUPDWLRQRQKRZWRSDUWLFLSDWH YLUWXDOO\LQWKLVPHHWLQJSOHDVHYLVLWZZZVDQWD-DQDRUJSEPHHWLQJ-SDUWLFLSDWLRQ Written Comments: ,I\RXDUHXQDEOHWRSDUWLFLSDWHLQWKHPHHWLQJ\RXPD\VHQGZULWWHQFRPPHQWV E\H-PDLOWR3%$H&RPPHQWV#VDQWD-DQDRUJ UHIHUHQFHWKHWRSLFLQWKHVXEMHFWOLQH RUPDLOWR1XYLD 2FDPSR, 5HFRUGLQJ6HFUHWDU\ &LW\RI6DQWD$QD&LYLF&HQWHU3OD]D– 06DQWD$QD&$ Deadline to submit written comments is 3:30 p.m. on the day of the meeting. &RPPHQWVUHFHLYHG DIWHUWKHGHDGOLQHPD\QRWEHGLVWULEXWHGWRWKH&RPPLVVLRQEXWZLOOEHPDGHSDUWRIWKHUHFRUG Where To Get More Information: $GGLWLRQDOGHWDLOVUHJDUGLQJWKHSURSRVHGDFWLRQ V LQFOXGLQJWKH IXOOWH[WRIWKHGLVFUHWLRQDU\LWHPPD\EHIRXQGRQWKH&LW\ZHEVLWHKRXUVSULRUWRWKHSXEOLFKHDULQJ at: KWWSVVDnta-DQDSULPHJRYFRPSXEOLFSRUWDO Who To Contact For Questions6KRXOG\RXKDYHDQ\TXHVWLRQVSOHDVHFRQWDFW$QGUHD'XPRYLFK +H\ZRRG ZLWKWKH3ODQQLQJDQG%XLOGLQJ$JHQF\DW$KH\ZRRG#VDQWD-DQDRUJ RU-- Note: II\RXFKDOOHQJHWKHGHFLVLRQRQWKHDERYHPDWWHU\RXPD\EHOLPLWHGWRUDLVLQJRQO\WKRVHLVVXHV \RXRUVRPHRQHHOVHUDLVHGDWWKHSXEOLFKHDULQJGHVFULEHGLQWKLVQRWLFHRULQZULWWHQFRUUHVSRQGHQFH GHOLYHUHGWRWKH+LVWRULF5HVRXUFHV&RPPLVVLRQRU&LW\&RXQFLORIWKH&LW\RI6DQWD$QDDWRUSULRUWR WKHSXEOLFKHDULQJ Historic Resources Commission 1 – 32 3/7/2024 Si tiene preguntas en español, favor de llamar a Nuvia Ocampo al (714) 667-2732. 1ӃXFҫQOLrQOҥFEҵQJWLӃQJ9LӋW[LQÿLӋQWKRҥLFKR7RQ\/DLVӕ  -2627. Historic Resources Commission 1 – 33 3/7/2024 Historic Resources Commission 1 – 34 3/7/2024 Historic Resources Commission 1 – 35 3/7/2024