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HomeMy WebLinkAboutTHOMAS, KELLY S. AND BETHANY S.0 Recorded in Official Records, Orange County RECORDING REQUESTED BY Hugh Nguyen, Clerk -Recorder AND WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIIIIIIIIII[ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE City of Santa Ana * S K 0 0 t 5 1 4 s 3 z 4$+ 20 Civic Center Plaza (M-30) 202400023560211:16 am 09111124 Santa Ana, CA 92702 63 RW11A Al2 21 0.00 0.00 0.00 0.00 60.00 0.00 0.000.000.00 0.00 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Return FULLY EXECUTED Copy to City Clerk, M-30 HISTORIC PROPERTY PRESERVATION AGREEMENT A-2024-055 0tN 0w lxyw This Historic Property Preservation Agreement ("Agreement') is made and entered into Lk pQ� 6 2p14 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. f 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. MILLS ACT AGREEMENT 925 North Lowell Street Santa Ana, CA 92703 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, See. 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 continence 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 terra 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 131, and "Historical Property Description" attached hereto, marked as Exhibit B2, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, 2- MILLSACTAGREEMENT 925 North Loivell Street Santa Ana, CA 92703 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. 3- MILLSACTAGREEMENT 925 North Loive!( Street Santa Ana, CA 92703 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ''/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of 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. -4- MILLS ACTAGREEMENT 925 North Loipell Street Santa Ana, CA 92703 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 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: Clerk of the Council 5- MILLS ACTAGREEMENT 925 North Lowell Street Santa Ann, CA 92703 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. m MILLS ACTAGREEMENT 925 North Lowell Street Santa Aiwa, CA 92703 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) 7- 1II ATTEST: Date: Date: 050 APPROVED AS TO FORM: SONIA CARVALHO City Attorney 1•. �•OATM-RRADeputy City Attorney MILLS ACT AGREE] 925 North Lowell Santa Ana, CA CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By �. ���l2iY-�[.rt. KELLY S. TfrOMAS Trustee of the Thomas Living Trust Dated March 28, 2022 By: /✓tom' BET • Y S. THOMAS Trustee of the Thomas Living Trust Dated March 28, 2022 RECOMMENDED FOR APPROV MINH THAI Executive Director Planning and Building Agency ff.3a EXECUTIVE SUMMARY Exhibit BI 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 NIA NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: 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 espadafla); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama -California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red 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. evaluation. Exhibit B2 State of California —The Resources Agency Prin DEPARTMENT OF PARKS AND RECREATION HRI PRIMARY RECORD Trin NRHP Status Code Other Listings Review Code Reviewer or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 925 North Lowell Street City: Santa Ana Zip: 92703 *a. 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 save overhang. The exterior of the house is clad in a coarse/textured stucco finish. The primary (west) fagade 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.) *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building OStructure ❑Object ❑Site ❑District []Element of District ❑Other P5a. Photo P5b. Photo: (view and date) (Figure 1) Primary (West) elevation, view east, August 2023 *P6. Date Constructed/Age and Sources: ■historic 1928/0range 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 OArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record []Artifact Record []Photograph Record ❑ Other (list) DPR 523A (1195) *Required information 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 mesource Name or rf: vvoirxe mouse B1. Historic Name: Woitke House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *65. Architectural Style: Spanish Revival Style *136. 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 fagade) 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 fagade. Unknown. Front, side (north), and rear door replacement; restucco exterior with coarse/textured stucco; garage door replacement. *137. Moved? ■No DYes ❑Unknown Date: Original location: *138. Related Features: Detached garage, partially enclosed patio at front fagade, 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 *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1928 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The 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.) 613, Remarks: None (This space reserved for official comments.) Sketch Map Woitke House « « 925 North Lowell Street 43 25 CI 2 41 p $ h O O y O Q S 43 eo § O 46 J9 O O Rs. R-x 23 O 39 o J6 s s 182 z2 0 183 3a % © R.S. 6-21 2r 16 b 9 ]O 3) <9 36 O a BO 36 50 SS *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI If CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: aName of Structure)) *Recorded by Andrea Dumovich Heywood *Date January 11, 20240 Continuation ❑ Update DPR 523B (1195) *Required information *P3a. Description (continued): Fenestration on the side (north) fagade 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) fagade's fenestration is a mix of double -hung wood windows and fixed wood windows. The rear (east) fagade 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 the coping wraps around the garage's parapet roof/ine, with a clay tile roof awning at the primary (north) fagade. Garage fenestration consists of a metal roll up door at the primary (north) fagade, 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) fagade, 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 11. 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 fagade; 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 fagade with multiple arched openings; a covered patio at the side (north) facade with an arched opening; two tripartite wood windows at the primary (west) fagade 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 the roof awning at the primary (north) fagade; and front yard landscaping including small and mature palm trees and succulents. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial by Andrea Dumovich Heywood *B12. References (continued): *Date January 11, 20240 Continuation ❑ Update 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. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: «Name of Structures *Recorded by Andrea Dumovich Heywood *Date January 11, 20240 Continuation ❑ Update 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 wood window with upper multi -light Figure 5. Tripartite wood -frame multi -tight side door with south. a central door flanked by narrower doors, facing south. Figure 6. The rear (east) fagade's wood door with a Figure 7. Detached garage with a flat roof with parapet. single upper light and an adjacent fixed wood window, Clay tile coping wraps around the garage's parapet facing west roofline, with a clay tile roof awning), facing south. DPR 523L MILLSACTAGREEMENT 925 North Lowell Street Santa Ana, CA 92703 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its enviromnent 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 ACTAGREEMENT 925 North Lowell Street Santa Ana, CA 92703 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D 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 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On 2 tj Y before me, _ Date ,�, 1 Here Insert Name and Title of the Officer personally appeared Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Notary Public • Callfornla Q-,P Orange County comm. Exionpires s Aug20,1 MY Comm. Expires ug 20, 2027 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KkSignaturerg ature of Nokory Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Documei Document Date: b13/ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ❑ Corporate Officer — Title(s): n Partner — ❑ Limited D General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association of Pages: Signer's Name: ❑ Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: v M1304-09 (11/20) CALIFORNIA• . A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of O Vq D On _ ' -b 2 rJ 202q before me, . K C (l j �l L t4 yr D . , Here Insert Name and Title of the Officer personally appeared Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ` RENIA PARRA - Notary Public - California " Orange County 7 Commission N 2460081 `" my Comm. Expires Aug 20, 2027 +-� Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of 6tary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Do,cuumei Document Date: ���C..LE Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee u Guardian or Conservator ❑ Other: Signer is Representing: 0c2019 National Notary Association of Pages: Signer's Name: ❑ Corporate Officer — Thle(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: M1304-09 (11120) CALIFORNIA ACKNOWLEDGMENT CIVIL .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �anAf 1� On qu I , 202"I before me, Evd4y1 16Qrra I Notg ry N01 c Date Here Insert Name and Title of the Officer personally appeared HVQry N U&t Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names are subscribed to the within instrument and acknowledged to me that&she/they executed the same i i /her/their authorized capacity(ies), and that by (9/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing :E.Oiir- ARM KIV California paragraph is true and correct. unty. 24890b3 May 1, 103E WITNESS my hand and official seal. Signature — &L& Place Notary Seal and/or Stamp Above Sigrkpludof Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ber of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ES'F?ikr&. h J .,..,,. - . ,.. ":'::....-u:..., � t.5?S.' S . ;..,..�, ... . ., :; . .:Za. >.:rkk>:ts,�s-,. ..., '.:....b •,.rklke: i' L5 k:. n - - 02019•nal Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orco oel u On �(U1 jU,Sl � I �21 before me, EVP 14V1 arra NOfiQnj PUbUc. Date Here linsert Name and title of the Officer personally appeared RAyaro NUti P-71 Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose names l are subscribed to the within instrument and acknowledged to me that ee she/they executed the same in i /her/their authorized capacity(ies), and that by 'I®her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing EVELYN ieaawa paragraph is true and correct. No4ry Public - California Commission 02489 WITNESS m hand and official seal. Commission 4 34890a3 y emy Comm. Eapiras May 3, 3038 Signature e�& Place Notary Seal and/or Stamp Above Si tune of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Numberof Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: a:.•r.�a' o-:.. ..: ::.,, :'.,.. .,.-....,�.,-.'..-:, , .....,..e ',.o-. >.. sa... '. -.;...-.�,:... ^x', ,,sss asaJ�,::,„:^%e�„:x.S,. ..v*. u•,:,>.,,.,,- 02019 National• . SANTA ANA CITY CLERK z e. COTC PROCESSING FORM UL23'24Pm3:0 - Agreements / Amendments / Extensions/ Deeds rK REVIVE FUNDED? [CO)VID FUNDED? CONFIDENTIA `- 4Pr3'-YY [IYES ElNO ❑ YES ❑ NO ElYES ElNO TO: CITY CLERK'S OFFICE FROM: DEPT.: Planning Agency MAIL STOP: M-20 PROJECT MANAGER: Nuvia Ocampo for Andrea Heywood EXT.: 2732 The following information must be provided in requesting processing of agreements / amendments / extensions / deeds for the City: (See page 2 for instructions on how to fill out the COTC form) NAME OF CONSULTANT / PARTY: Kelly S. Thomas and Bethany S. Thomas Trustees onf the Thomas Living Trust AGREEMENT NUMBER (if applicable): A / N A-2024-055 AMENDMENT NUMBER ❑ 1ST ❑ 2ND ❑ 3RD ❑ 4TH (if applicable) : EXTENSION NUMBER ❑ 1ST ❑ 2ND ❑ 3RD ❑ 4TH (if applicable): An amendment/extension requires a copy of a Staff Report and/or initial agreement to be included. AMOUNT: ❑ * OVER $50,000 ❑ * $50,000 *Note: Council approval is required if an agreement with a AND UNDER vendor exceeds $50,000 within a Fiscal Year for non- public works agreements. Bid for contracts exceeding $25,000, will continue to reauire 9 1) Approved by council. COUNCIL APPROVAL DATE: 5/7/2024 a formal Invitation for Bid. ❑� 2) NOT approved by council. ITEM #: 23 TERM OF AGREEMENT EFFECTIVE DATE: N/A SIGNATURES REQUIRED: ❑ VENDOR AGENCY NOTARIZATION REQUIRED ❑� YES APPROVED INSURANCE: ❑ YES TERMINATION DATE: N/A ❑ CITY ATTORNEY ❑ OTHER ❑ NO ❑ NO (INSURANCE APPROVAL REQUIRED BY RISK MGMT. PRIOR TO SUBMITTING TO COTC) COMMENTS: Missing Signatures ❑ Needs Council Approval ❑ Other DITIONALREMARKS: .�� 1�5 (7// AUu 0 6 NZ4 Scan-4 (( � DITIO P *Effective Ann] 18. 2019. Citv Manaaer contract authoritv increased via I, AgreemenislFormslForm - AGREEMENT PROCESSING FORM-03107/2023-F I NAL.doc Revised: 03/07/2023 Page 1 of 2