HomeMy WebLinkAboutALTSHULER, MICHAEL T.H
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
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
Return FULLY EXECUTED HISTORIC PROPERTY PRESERVATION AGREEMENT I
Copy to City Clerk, M-30 A-2024-111
This Historic Property Preservation Agreement ("Agreement') is made and entered into by
0. Y5f, l and between the City of Santa Ana, a charter city and municipal corporation duly organized and
TPA. �° "`yam existing under the Constitution and laws of the of the State of California (hereinafter referred to as A 1�
SEP 1 JtU "City"), and Michael T. Altshuler, a single man, (hereinafter collectively referred to as I"
"Owner"), owner of real property located at 1205 South Birch 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 1205 South Birch
Street, Santa Ana, CA, 92707 and more particularly described in Exhibit "A,"
attached hereto and incorporated herein by reference, and hereinafter referred to as
the "Historic Property."
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. City and Owner, for their mutual benefit, now desire to enter into this Agreement
which defines and limits the use and alteration of this Historic Property in order to
enhance and maintain its value as a cultural and historical resource for Owner and
for the community; to prevent inappropriate alterations to the Historic Property and
to ensure that repairs, additions, new building, and other changes are appropriate;
and to ensure that rehabilitation and maintenance are carried out in an exemplary
manner.
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
MILLSACTAGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
will enable the Historic Property to qualify for an assessment of valuation as a
restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part
2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree
as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on August 7, 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 13, 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.
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
-2-
MILLSACTAGREEMENT
1205 South .Birch Street
Santa Ana, CA 92707
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.
£ Owner shall implement the rehabilitation and restoration work items as discussed
in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2024-3) staff
report dated May 8, 2024, and Exhibit D. 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 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.
3-
MILLSACTAGREEMENT
120S South Birch Street
Santa Ana, CA 92707
This cancellation fee shall be a percentage (currently set at twelve and one-half (12'/2) percent by
Government Code Section 50286) of the current fair market value of the property at the time of
the cancellation, as determined by the county assessor, without regard to any restriction imposed
pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural
disaster such that in the opinion of the City Building Official more than sixty (60) percent of the
original fabric of the structure must be replaced, this Agreement shall be canceled immediately
because, in effect, the historic value of the structure will have been destroyed. No fee shall be
imposed in the case of destruction by acts of God or natural disaster.
C. If the Historic Property is acquired by eminent domain and the City Council
determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be
cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced
herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the
event of a default, under the provisions to cancel the Agreement by Owner, the City shall give
written notice to Owner by registered or certified mail, and if such a violation is not corrected to
the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if
not corrected within such a reasonable time as may be required to cure the breach or default, or
default cannot be cured within thirty (30) days (provided that acts to cure the breach or default
may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion
by Owner), then City may, without further notice, declare a default under the terms of this
Agreement and may bring any action necessary to specifically enforce the obligations of Owner
growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive
relief against any violation by Owner or apply for such relief as may be appropriate.
b. City does not waive any claim of default by the Owner if City does not enforce or
cancel this Agreement. All other remedies at law or in equity which are not otherwise provided
for in this Agreement or in City's regulations governing historic properties are available to City to
pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or
default under this Agreement shall be deemed to be a waiver of any other subsequent breach
thereof or default hereunder.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 1205 South Birch Street,
Assessor Parcel Number, 013-152-02, 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
-a.
MILLSACTAGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
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: Michael T, Altshuler
1205 South Birch Street
Santa Ana, CA 92707
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor
shall such terms, provisions or conditions cause them to be considered joint ventures or members
of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may arise
from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agent, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
.5-
MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
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.
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.
6-
ATTEST:
OWNERS
Date: 8/a l 42 i
APPROVED AS TO FORM:
SONIA CARVALHO
City Attorney
IC /`��✓
WRAN15ON SAIVAIERRA
Weputy City Attorney
7-
MILLSACTAGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
CITY OF SANTA
AIVARO NU
City Manager
By: MI HAEL T. ALTSHULER
FOR APPROVAL:
MINH THAI
Executive Director
Planning and Building Agency
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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 13!"e
On )024 before me, PUbijr,
Date Here Insert Name and Title of the Officer
personally appeared Mao wuneZ
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sre subscribed
to the within instrument and acknowledged to me thati she/they executed the same in er/their
authorized capacity(ies), and that bye/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 • California
" orange County
Commission: 2474325' a " My Comm. Expires Dec 26, 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
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❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual
❑ Trustee
❑ Other:
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❑ Attorney in Fact
❑ Guardian or Conservator
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❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited
❑ General
❑ Individual
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
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CALIFORNIA JURAT GOVERNMENT CODE § 8202
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the documentto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
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Signature
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02019 NationalNotary
MILLSACTAGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
El XHIBrr A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA
ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS
FOLLOWS:
LOT 31 OF TRACT NO. 921, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,
STATE OF CALIFORNIA, SHOWN ON A MAP THEREOF, RECORDED IN BOOI{ 28,
PAGE 45 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY.
Assessor's Parcel Number: 013-152-02
s-
Exhibit B
EXECUTIVE SUMMARY
Levengood-Bist House
1205 South Birch Street
Santa Ana, CA 92707
NAME
Levengood-Bist House
REF. NO,
ADDRESS
1205 South Birch Street
CITY
Santa Ana
ZIP
1 92706
ORANGE COUNTY
YEAR BUILT
1929
LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT
N/A
NEIGHBORHOOD
Wilshire
CALIFORNIA REGISTER CRITERIA FOR EVALUATION
C/3
CALIFORNIA REGISTER STATUS CODE
5S3
Location: ❑ Not for Publication ® Unrestricted
❑ Prehistoric ® Historic ❑ Both
ARCHITECTURAL STYLE: Spanish Colonial Revival
The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission
Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying
features include curved parapets (or espadaha); 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 Levengood-Bist House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, and
was listed thereon in the category "Contributive" in 2003, as a building with "distinguishing characteristics of an
architectural style or period" and as an intact example of a Spanish Colonial Revival -style home in Santa Ana. Moreover,
it was listed because it "contributes to the overall character and history" of Wilshire Square and "is a good example of
period architecture" as an illustration of the Spanish Colonial Revival style (Municipal Code Section 30-2.2). Staff
research conducted in 2024 found the Levengood-Bist house also qualifies under Criterion 4(b) due to its historical
associations with Lisa and Brian Bist, who are significant people in Santa Ana's history. Therefore, the recommended
categorization is "Key" because it is site has "distinctive architectural style and quality" and because it is "associated with
a significant person or event in the City" (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)
2: It is associated with the lives of persons important to local, California or national history.
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 is associated with the lives of persons important to local, California or national history.
• 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
State of California —The Resources Agency Prime
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trino
Other Listings
Review Code
NRHP Status
Reviewer
or number (assigned by recorder) Levenqood-Bist House
131. Other Identifier:
*P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA 1667 Date:
*c. Address 1205 South Birch Street City Santa Ana Zip 92707
*a. Other Locational Data: Assessor's Parcel Number 013-152-02 TR 921 LOT 31
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Substantially intact and enhanced by its landscaping, this is an example of a modestly sized Spanish Colonial Revival home.
The tiled roof is cross -gabled and moderately pitched over the front of the building, while the rear of the house is flat -roofed
and circled by a tile -edged parapet. Smooth stucco covers the exterior of the building. Clay pipe vents pierce the gable
ends. A porch is recessed beneath the side gable on the north half the fagade. Wooden posts with carved brackets support
the roof overhang and a waist high stucco wall encloses the porch space. A tripartite window and the entry open onto the
porch. In an unusual departure from a standard Spanish roof configuration, a small, front gabled dormer is located above the
porch. The southern half of the fagade contains a large, picture window, to which an aluminum canopy has been added,
offset to the south and a tall, slender window to the north. A three -sided bay projects from the south elevation. Although re -
roofed, the house retains its design integrity.
*133b. 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)
West elevation
September2003
*P6. Date Constructed/Age and
Sources: ■historic
19291 Source: City of Santa Ana
Building Permits
*P7. Owner and Address:
Brian A. and Lisa Bist
1205 South Birch Street
Santa Ana, CA 92707
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
October 1, 2003
*P10. Survey Type:
Intensive Survey
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
*Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record
DArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record
DArlifact 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 L of b `NKHP Status (;oae b67
*Resource Name or #: Levengood-gist House
B1. Historic Name: Levengood-Bist House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*B5. Architectural Style: Mission/Spanish Colonial Revival
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930.
July 5, 1930. Residence and garage.
June 11, 1943. Reroof.
October 6, 1952. Reroof residence.
June 26, 1986. Wood patio deck, spa.
February 8, 1990. Reroof house and garage.
*137. Moved? ■No OYes OUnknown Date: Original Location:
*B8. Related Features:
None.
139a. Architect: Unknown b. Builder: Unknown
*610. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Levengood-Gist House is architecturally significant as a representative example of the Spanish Colonial Revival style,
one of many that characterize the Wilshire Square neighborhood. The house and garage were constructed in 1930 at a cost
of $3,650.00 for Mrs. Mary Leavengood, who had occupied the residence by 1931. The house remained in the Levengood-
Bist family until at least 195Z according to city building permits. According the 1991 Wilshire Square Home Tour brochure,
Mary Levengood-Bist was the widow of Frank Levengood-Gist, a farmer who struck oil in his bean fields. Mrs. Levengood-
Bist raised her granddaughter in this house, and lived here until she died in the late 1950s. She also built the house next
door, on the corner, for her son.
(See Continuation Sheets 3 and 4.)
B11. Additional Resource Attributes: (List attributes and codes)
*1312. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library Sketch Map
Sanborn Maps
(See Continuation Sheets 4 and 5.)
J
B13. Remarks:
*1314. Evaluator: Leslie J. Neumann
*Date of Evaluation: October 1, 2003
(This space reserved for official comments.)
11
r,
W
Levengood-Bist House
1205 S. Birch Street
s O TRACT
32 13
0
3f 19
O
DPR 523B (1/95) *Required information
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 5 Resource Name or # (Assigned by recorder) Levengood-Bist House
*Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 0 Continuation ❑ Update
*810. Significance (continued):
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as
Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of
Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and
selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods
initially developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with
cultivated fields and orchards dotted with widely scattered farmhouses.
The Levengood-Bist House is located in Wilshire Square, a neighborhood located south of the city center and bounded by
West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower
Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut
and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden
Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K.
Hanson, O'Brien, and Lewis.
Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing
between $635.00 and $1,875.00 boasted 'five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees"
(Santa Ana Register, April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the
remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished
circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In
1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A
1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set
aside for "courts and apartments," apparently as a buffer for the "neighborhood business" zone on South Main Street. By
1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch,
Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between
1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War tl.
Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase,
circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the
Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 194Z marked
the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World
War 1I building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of
mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue
collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height,
scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities
today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the
American Institute of Architects in 1997.
The Levengood-Bist House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a
building with the 'distinguishing characteristics of an architectural style or period." The combination of stucco walls and tiled
roof and treatment of the patio with its rustic wood posts exhibited on the house are typical features of the Spanish Colonial
Revival and demonstrate that the style could be used effectively on both large as well as relatively modest homes.
Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of
Wilshire Square and "is a good example of period architecture" as an illustration of the Spanish Colonial Revival style.
Character defining exterior features of the Levengood-Bist House that should be preserved include, but may not be limited
to: materials and finishes (stucco, wood, tile); roof configuration and treatment; massing and composition; original doors
and windows; porch; and architectural detailing (porch posts, brackets, and beam).
In July and August 2024, the original 2003 DPR forms were supplemented with the results of new research and analysis
completed by James Williams, on behalf of the City of Santa Ana (City). Specifically, the property was reevaluated to assess
its historical significance, due to associations with former residents Lisa and Brian Bist, who acquired the property in 2003,
per City planning records. in the late twentieth and early twenty-first centuries, the Bists were highly involved in
neighborhood activism and local politics in Santa Ana, which activities are summarized briefly below. Except where noted
otherwise, the following accounting of their accomplishments and contributions is based principally on the oral testimony of
current Historic Resources Commission (HRC) Commissioner Alberta Christy, HRC Chair Tim Rush, and Guy Ball, an
associate of the Bists. Mr. Williams briefly interviewed each of these individuals in June and July 2024, in addition to
reviewing testimony provided by Commissioner Christy at the HRC's May 8, 2024 hearing. The oral interviews were
supplemented with desktop research, as cited below.
DPR 523L
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET -trinomial
Page 4 of 5 Resource Name or # (Assigned by recorder) Levengood-Bist House
*Recorded by Leslie J. Neumann, SAiC *Date October 1, 2003 ❑O Continuation ❑ Update
*B10. Significance (continued):
in the estimation of Rush and Christy, Brian and Lisa Bists' earliest historically significant activities were in the area of
neighborhood improvement. All three informants for this evaluation noted the Bists were important contributors to the
founding and early operation of the Wilshire Square Neighborhood Association (WSNA), which was established in 1989 to
promote the betterment and maintenance of the city's Wilshire Square neighborhood. Brian was particularly involved in the
organization of the WSNA, serving as a founding co-chair and contributing to the drafting of its by-laws. The Bists' work with
the WSNA was a springboard to involvement in the Communication Linkage Forum (known informally as Com-Link),
described in one source as "an umbrella organization of neighborhood associations" (Adams 2007). Brian and Ball helped to
found the Com-Link in 1989. The organization's purpose was to provide local residents and neighborhood associations a
neutral forum in which they could discuss issues facing neighborhood among themselves and with City staff and elected
officials (City of Santa Ana 2024). In addition to Brian's work with Ball to establish Com-Link, Lisa served on the body's
Neighborhood Improvement and Code Enforcement (NICE) committee, which furthered Com-Link's objectives by targeting
apparent blight in the city (Adams 2007). According to Commissioner Christy, among Lisa's main contributions while serving
on the NICE committee, were initiatives to establish a landscaping ordinance and a commercial code enforcement program
in the city. She was also involved in efforts to help Main Street business owners rehabilitate their building fagades by
lobbying to secure redevelopment funds to finance improvements. Com-Link continues to operate to this day and counts 60
neighborhood associations as participants (City of Santa Ana 2024).
In 1998, Lisa was elected to the first of two consecutive terms on the Santa Ana City Council, serving until 2006. As a
councilmember, she continued to champion neighborhood improvement and built relationships with important businesses
and institutions operating in the City. According to Commissioner Christy, as a member of the City's Environmental and
Transportation Advisory Commission, Lisa championed an urban forestry campaign, in addition to a program of street
modifications to protect entrances into some neighborhoods. Commissioner Christy observed that, Lisa was also a key
player in the City Council's outreach to significant public and private institutions. During her tenure on the City Council, Lisa
contributed to the Council's successful efforts to support the Bowers Museum's acquisition of a new collection from the
British Museum, to facilitate the establishment of the Mexican Consulate in the city, to convince First American Financial
Corporation to keep its headquarters in Santa Ana, and to facilitate the development of the Santa Ana Auto Mall.
Overall, Commissioner Christy claimed, the Bists'significance is due to their instrumental roles in effecting concrete
changes in Santa Ana that improved the cty's public image.
Based on the supplemental research, it is recommended that, in addition to the property's architectural significance as an
example of the Spanish Colonial Revival style, as described in the 2003 evaluation, the property is significant for its
associations with the contributions of Lisa and Brian Bist in the area of local neighborhood activism and politics. Because of
the Levengood-Gist House's associations with the Bists, the property is found to qualify for listing in the Santa Ana Register
of Historic Properties under Criterion 4(b), which recognizes a property's associations "with famous people, original settlers,
renowned organizations and businesses" (Santa Ana Municipal Code, Section 30-2). Additionally, the Levengood-gist
House qualifies in the category "Key,"which provides for the listing on the Santa Ana Register of Historical Properties of a
property that is "associated with a significant person or event in the city" (Santa Ana Municipal Code, Section 30.2.2). The
Levengood-Bist House's character -defining features remain those identified by the 2003 evaluation, as listed above.
*B12. References (continued):
Adams, Brian E. Citizen Lobbyists: Local Efforts to Influence Public Policy. Philadelphia: Temple University Press, 2007.
Ball, Guy. Oral interview with James Williams. July 17, 2024,
Christy, Alberta. Oral interview with James Williams. June 28, 2024.
City of Santa Ana. "Com-Link, " City of Santa Ana, Official Government Web Site [web site]. hops://www.santa-ana.org1com-
link/.
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Neumann, Leslie J. California Department of Parks and Recreation Form 523: Levengood-gist House. 2003. Record on file
with the City of Santa Ana Planning Department.
Historic Resources Commission. Historic Resources Commission, Special Meeting Agenda, May 8, 2024. [video recording
of hearing]. https://santa-ana.primegov.com/Portal/Meeting?meetingTemplateld=22057.
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.
(See Continuation Sheet 5.)
DPR 523L
State of California —The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 5 of 5 Resource Name or # (Assigned by recorder) Levengood-Bist House
*Recorded by Leslie J. Neumann, SAIC *Date October 1, 2003 O Continuation ❑ Update
*Bf2. References (continued):
National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995.
Historic maps in the collection of the History Room of the Santa Ana Public Library.
Rush, Tim. Oral interview with James Williams. July 1, 2024.
Santa Ana and Orange County Directories, 1905-1931.
Santa Ana Register, April 12, 1923.
"Vintage Santa Ana Right On Track." The Register, January 13, 1990.
"Neighbors Gear Up For Big Project." Los Angeles Times, August 6, 1992.
"Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times, October 5, 1996.
"Wilshire Square —A Profile in Pride of Ownership." City Line, July/August 2001.
Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994.
www.wilshiresquare.com
www.geocities. com/Heartland/3383/aia.him
DPR 523L
MILLS ACT AGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site
and its environment shall not be destroyed. The removal or alteration of any
historic material or distinctive architectural features should be avoided when
possible.
3. All buildings, structures, and sites shall be recognized as products of their own
time. Alterations that have no historical basis and which seek to create an earlier
appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the
history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this
significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which
characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced,
whenever possible. In the event replacement is necessary, the new material
should match the material being replaced in composition, design, color, texture,
and other visual qualities. Repair or replacement of missing architectural features
should be based on accurate duplications of features, substantiated by historic,
physical, or pictorial evidence rather than on conjectural designs or the
availability of different architectural elements from the other buildings or
structures.
The surface cleaning of structures shall be undertaken with the gentlest means
possible. Sandblasting and other cleaning methods that will damage the historic
building materials shall not be undertaken.
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
-t-
MILLSACTAGREEMENT
1205 South Birch Street
Santa Ana, CA 92707
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")
1205 South Birch Street
Item
Year
Improvement
1
2024
Roof repair— main house and garage
2
2025
Hollywood driveway replacement
3
2026
Replace all replacement windows at the rear and side facades as determined by
Planning. New windows to be double -hung wood windows with ogee lugs. Building
permit required.
4
2026
Repair garage wails
5
2027
Dry -rot removal from walls
6
2028
Termite treatment
7
2029
Window rehabilitation
8
2030
Repaint exterior
9
2032
Front porch flooring rehabilitation
10
2033
Preserve/restore exterior wood elements