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HomeMy WebLinkAboutItem 23 - Historic Property Preservation AgreementsPlanning and Building Agency www.santa-ana.org/planning-and-building Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 1, 2024 TOPIC: Historic Property Preservation Agreements AGENDA TITLE Historic Property Preservation Agreements for the Properties Located at 2620 N Flower Street, 2369 N Flower Street, 424 S Broadway, and 825 N Lacy Street RECOMMENDED ACTION Authorize the City Manager to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure(s) (Agreement Nos. A- 2024-XXX, A-2024-XXX, A-2024-XXX and A-2024-XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-16, ER No. 2024-18, ER No. 2024-39, and ER No. 2024-40] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Historic Property Property Owner(s) Preservation Address/House Vote by HRC Agreement No. Thomas M. Harris 2024-02 2620 N Flower Street 8:0:0:1 (Commissioner Escamilla absent) Paul Gulino and Julie 2024-05 2369 N Flower Street 9:0:0:0 Bidmead Kevin Kajikawa and 2024-06 424 S Broadway 8:0:0:1 (Commissioner Jonathan Melendez Escamilla absent) David Bush Smith 2024-08 825 N Lacy Street 9:0:0:0 GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On July 15, 2024, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1, above, with the identified property owners for historic structure(s) in the City, subject to non -substantive changes approved by the City Manager and City Attorney. Historic Property Preservation Agreements October 1, 2024 Page 2 This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: • ER No. 2024-16 (2369 N Flower Street) • ER No. 2024-18 (424 S Broadway) • ER No. 2024-39 (2620 N Flower Street) • ER No. 2024-40 (825 N Lacy Street) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $4,162.95 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2024-02 2620 N. Flower Street $1,269.35 1-2 2024-05 2369 N. Flower Street $675.77 3-4 2024-06 424 S. Broadway $1,005.08 5-6 2024-08 825 N. Lacy Street $1,212.75 7-8 Total for all Properties: $4,162.95 EXHIBIT(S) 1. Mills Act Agreement — 2620 N Flower Street 2. HRC Staff Report — 2620 N Flower Street 3. Mills Act Agreement — 2369 N Flower Street 4. HRC Staff Report — 2369 N Flower Street 5. Mills Act Agreement — 424 S Broadway 6. HRC Staff Report — 424 S Broadway 7. Mills Act Agreement — 825 N Lacy Street 8. HRC Staff Report — 825 N Lacy Street Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Alvaro Nunez, City Manager RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Thomas M. Harris, an Unmarried Man, (hereinafter collectively referred to as "Owner"), owner of real property located at 2620 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2620 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. -2- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-02) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 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 -3- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 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 1/2) 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. -4- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2620 N Flower Street, Assessor Parcel Number, 001-244-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office Owners: Thomas M. Harris 2620 North Flower Street Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. 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. -6- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 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- ATTEST: JENNIFER L. HALL City Clerk OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: B ON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: THOMAS M. HARRIS RECOMMENDED FOR APPROVAL: u 1►. .: Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 10 OF THE POTTS, BORDEN AND SIDWELL TRACT, IN THE CITY OF SANTA ANA COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 10, BEING THE CENTER LINE OF FLOWER STREET AS SHOWN ON THE MAP OF TRACT NO. 1824, RECORDED IN BOOK 53, PAGES 10 AND 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF LOT 63 OF SAID TRACT NO. 1824; THENCE WEST 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 63; THENCE SOUTH 10 02' 00" WEST ALONG THE EASTERLY LINE OF SAID TRACT NO. 1824 TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO PARK LANE ESTATES, A CALIFORNIA CORPORATION, RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTH 89' 53' 26" EAST 165.00 FEET ALONG THE NORTH LINE OF SAID LAND OF PARK LANE ESTATES TO THE EAST LINE OF SAID LOT 10; THENCE NORTH 1 ° 02' 00" EAST TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD. Assessor's Parcel Number: 001-244-19 -9- EXECUTIVE SUMMARY Exhibit B MILLER-TAYLOR HOUSE 2620 North Flower Street Santa Ana, CA 92706 NAME Miller -Taylor House REF. NO. ADDRESS 2620 North Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1917 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD I Morrison/Eldridge Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SSl Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453-463). SUMMARY/CONCLUSION : The Miller -Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an examp le of the Craftsman aesthetic (Municipal Code, Section 30- 2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. State of California— The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page _1 of 3 Resource name(s) or number (assigned by recorder) Miller -Taylor House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0067 Date: *c. Address 2620 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 001-244-19 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, see, setting, and boundaries.) Set slightly above street level on a property rimmed by a low concrete retaining wall, this one-story Craftsman bungalow is screened from view by dense shrubbery. A cross -gabled roof of medium pitch caps the building. Rafters with shaped tails are exposed in the eaves. Carved braces and extended bargeboards trim the gable ends. An extremely shallow, shed -roofed dormer projects from the north half of the roof. Shingles face the gable ends, while narrow clapboard covers the b ody of the house above a sill line. Tucked into the peaks of the gables, triangular vents are pierced by narrow slits accented by jigsawn arrows. Nearly obscured by vegetation, the porch is sheltered beneath the front gable, which is supported by paired, battered posts set on a brick porch railing. The front door features narrow vertical channels of beveled glass. Windows on the side elevations appear to be a combination of one -over -one double -hung sash and casements; openings on the fagade are hidden by foliage. A shed -roofed projection on the north elevation may mark the location of a secondary entry. The building permit record indicates that the house is substantially intact; the property is in fair condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a. Photo r, T None. P5b. Photo: (view and date) East and north elevations November 2006 *P6. Date Constructed/Age and Sources: ■historic 1917/City of Santa Ana Database *P7. Owner and Address: Barbara M. Taylor 2620 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: December 1, 2006 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) *Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Miller -Taylor House B1. Historic Name: Miller -Taylor House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Craftsman Bungalow *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1917 April29, 1933. Rebuildbrick flue. June 23, 1944. Reroof. *137. Moved? ❑No ❑Yes ■Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917-1956 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Miller -Taylor House is architecturally significant as an intact and representative example of a Craftsman residence and is historically notable as one of a handful of pre World War II homes in the area. It was built in 1917, according to City of Santa Ana records, making it the oldest known house in the immediate vicinity. City directories appear to confirm this date of construction. Initially listed in 1918 as located on the west side of North Flower Street, three [houses] north of Santa Clara, this was the home of Fred J. Miller, a baggageman with the Santa Fe railroad, and his wife Annie. In 1925, Fred Miller's occupation was listed as "rancher" and his address was 2610 North Flower. This number apparently changed in 1930 to 2620, probably to accommodate the numbering of the houses built immediately to the south in the 1920s. After 1928, Mrs. Anna D. Miller was the sole occupant listed in the directories. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Neumann *Date of Evaluation: December 1, 2006 (This space reserved for official comments.) Sketch Map O 'LOWELL LAW o 0 6 0 C7� ` Out s s 2620 N. Flower Street 001-244-19 - s J sir s 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 3 Resource Name or # (Assigned by recorder) Miller -Taylor House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date December 1, 2006 ❑x Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Miller -Taylor House is located in north Santa Ana, in the Morrison/Eldridge Park neighborhood. An irregularly shaped area straddling North Flower Street, Morrison/Eldridge Park is bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War ll. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1920, there were nine homes, including one (2610, later numbered 2620), in what would become the Morrison/Eldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly laid out streets in the first few years of the 1950s, the area exploded in the mid 1950s with the building of tracts of homes in the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972. The Miller -Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Typical Craftsman features illustrated by the house include its cross -gabled roof configuration; decorative use of exposed structural and functional elements such as beams, rafters, and vents; and incorporation of a deep front porch and a dormer into the design. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Craftsman bungalow. Character -defining exterior features of the Miller -Taylor House that should be preserved include, but may not be limited to, materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; porch configuration and detailing, entry; and architectural details such as beams, rafters and bargeboards with shaped tails, porch posts, and vents. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Orange County Plat Maps, 1912. Thomas Brothers Maps of Orange County, 1957, 1964, and 1969. Santa Ana and Orange County Directories, 1905-1962. DPR 523L MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 2620 North Flower Street Item Year Improvement 1 2024 Driveway resurfacing 2 2025 Construct era -appropriate two -car detached garage 3 2025 Restore the porch's front (east) and south (side) porch elevation to original based on historic photos 4 2026 Remove non -original stained glass window at south facade and replace with compatible window 5 2027 Inspect all original windows and framing. Ensure windows are in proper working order and in good condition. Repair as needed. Replace only if necessary if repair is not feasible. Planning and Building Agency Item # d City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 15, 2024 — Special Meeting Topic: HPPA No. 2024-02 — The Miller -Taylor House (2620 N. Flower Street) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Thomas M. Harris for the property located at 2620 North Flower Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Thomas M. Harris is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2620 North Flower Street that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Miller -Taylor House, consists of an existing one-story residence that reflects the Craftsman style, and is approximately 1,414 square feet in size on a 9,750-square-foot residential lot (Exhibit 2). The Miller -Taylor House was added to the Santa Ana Register of Historical Properties ("Register") in 2007, categorized as "Key." Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: HPPA No. 2024-08 — The Miller -Taylor House (2620 North Flower Street) July 15, 2024 Page 2 • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2007, the Historic Resources Commission placed the Miller -Taylor House on the Register and within the "Key" category for its distinguishing characteristics of the Craftsman style. Character -defining exterior features of the Miller -Taylor House that should be preserved include, but may not be limited to: materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; [original] porch configuration and detailing, entry; and architectural details such as beams, rafters and bargeboards with shaped tails, porch posts, and vents. Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include repaving the driveway, constructing a period -correct two -car detached garage, and restoring the porch's front (east) and south (side) facades to original condition based on historic photographs. During staff's site visit, the following were noted and added to the Mills Act Agreement work plan: remove the south (side) fagade's non -original stained glass window and replace with a period -correct window, and inspect all original windows and framing to ensure they are in proper working condition and repair/replace as needed. Staff will ensure that the proposed work will be done sensitively and will maintain the property's character -defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-39, will be filed for this project. HPPA No. 2024-08 — The Miller -Taylor House (2620 North Flower Street) July 15, 2024 Page 3 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,269.35 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 2620 North Flower Street 4 — Action Minutes HRC January 4 2007 (2620 North Flower Street) 5 — Action Minutes HRC March 1 2007 (2620 North Flower Street) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Thomas M. Harris, an Unmarried Man, (hereinafter collectively referred to as "Owner"), owner of real property located at 2620 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2620 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. -2- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-02) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 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 -3- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 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 1/2) 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. -4- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 2620 N Flower Street, Assessor Parcel Number, 001-244-19, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office Owners: Thomas M. Harris 2620 North Flower Street Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. 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. -6- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 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- ATTEST: JENNIFER L. HALL City Clerk OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney Deputy City Attorney MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By: THOMAS M. HARRIS RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 10 OF THE POTTS, BORDEN AND SIDWELL TRACT, IN THE CITY OF SANTA ANA COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID LOT 10, BEING THE CENTER LINE OF FLOWER STREET AS SHOWN ON THE MAP OF TRACT NO. 1824, RECORDED IN BOOK 53, PAGES 10 AND 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF LOT 63 OF SAID TRACT NO. 1824; THENCE WEST 165.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 63; THENCE SOUTH 10 02' 00" WEST ALONG THE EASTERLY LINE OF SAID TRACT NO. 1824 TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO PARK LANE ESTATES, A CALIFORNIA CORPORATION, RECORDED OCTOBER 23, 1953 IN BOOK 2600, PAGE 283 OF OFFICIAL RECORDS; THENCE SOUTH 89' 53' 26" EAST 165.00 FEET ALONG THE NORTH LINE OF SAID LAND OF PARK LANE ESTATES TO THE EAST LINE OF SAID LOT 10; THENCE NORTH 1 ° 02' 00" EAST TO THE POINT OF BEGINNING. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD. Assessor's Parcel Number: 001-244-19 -9- HPPA-2024-02 The Miller -Taylor House 2620 North Flower Street SITE PHOTOS EXHIBIT 3 ACTION MINUTES OF THE 0 ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA JANUARY 4, 2007 CALLED TO ORDER 4:33 P.M. ATTENDANCE: COMMISSIONERS PRESENT: Alfonso Bustamante Philip Chinn Paul Cook -Giles, Chairman Rita Corpin Tom Lutz Michael Macres Phillip Schaefer, Vice Chair Michael Seeley COMMISSIONERS ABSENT: Blair O'Callaghan STAFF PRESENT: Kylee Otto, Assistant City Attomey Sergio Klotz, Senior Planner Martha Ramirez, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG — CHAIR COOK-GILES CONSENT CALENDAR MOTION: Approve the staff recommendations on the following Consent Calendar. MOTION: Macres VOTE: AYES: NOES: ABSENT: ABSTAIN: A. Minutes RECOMMENDATION: SECOND: Lutz Bustamante, Chinn, Cook -Giles, Corpin, Lutz, Macres, Schaefer, Seeley (8) None (0) O'Callaghan (1) None (0) Approve minutes of the regular meeting of December 7, 2006. B. Commission Secretary Report RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the December 7, 2006 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 30, 2006 at 3:38 p.m_ i"FEND OF CONSENT CALENDAR" BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) No disclosures were made. Historic Resources Commission Minutes January 4, 2007 r!b0/1P%Cr%1 IO A 1 01 li CQ PROCEDURALRULES PUBLIC HEARINGS 1. HISTORIC RESOURCES COMMISSION APPLICATI.ON NOS. 2006-25 THROUGH 2O06-29 AND HISTORIC REGISTER CATEGORIZATION NOS. 2006-25 THROUGH 2O06-29 Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. `vsRro E-2 "SS x��� m'Y�' .f i tz, 2909 North Fallbrook Drive Burns House Key O6-25/06-25 2620 North Flower Street Miller House Contributive O6-26/06-26 2612 North Flower Street Roehm House Contributive 06-27/06-27 2606 North Flower Street M. W. Peterson House Contributive 06-28/06-28 2602 North Flower Street W_F. Peterson House Contributive 06-29/06-29 PUBLISHED IN THE ORANGE COUNTY REPORTER: December 22, 2006 PUBLICLY NOTICED: December 21, 2006 RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No_ 2006-25 and Historic Register Categorization No. 2006-25. 2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26. 3. Adopt a resolution approving Historic Resources Commission Application No. 2006-27 and Historic Register Categorization No. 2006-27. 4. Adopt a resolution approving Historic Resources Commission Application No. 2006-28 and Historic Register Categorization No. 2006-28. 5. Adopt a resolution approving Historic Resources Commission Application No_ 2006-29 and Historic Register Categorization No. 2006-29. Associate Planner Hally Soboleske provided the staff report and recommendation_ She stated that the applicant for the property at 2909 Fallbrook requested a two -month continuance (March 1, 2007). Commissioner Seeley commented on the front windows at the M_ W. Peterson House (2606 North Flower Street). Architectural Historian Leslie Heumann stated that although one of the windows was not original to the house, it had been in place for more than 50 years. The public hearing was opened. Barbara Taylor requested a continuance for 2620 North Flower Street. She also provided some historical information on the original owners. Chairman Cook - Giles recommended changing the name of the structure to Miller -Taylor House. Ms. Heumann provided research information reg rding the built date and the address number change for 2620 North Flower St r et. Vice Chair Schaefer commented on earthquake damage sustained at 2612 North Flower Street. The public hearing was closed. Historic Resources Commission Minutes 2 January 4, 2007 ��l1T�f11�. MOTION: 1. Continue the public hearing to March 1, �007 per applicant's request for Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25. Commissioner Chinn abstained from voting. 2. Continue the public hearing to March 1, :4007 per applicant's request for Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26. MOTION: Cook -Giles SECOND: Seeley VOTE: AYES: Bustamante, Chinn, Cook -Giles, Corpin, Lutz, Macres, Schaefer, Seeley (8) NOES: None (0) ABSENT: O'Callaghan (1) ABSTAIN: Chinn (1) for 2909 North Fallbrook Drive [HRCA 2006-251 3. Adopt a resolution approving Historic Resources Commission Application No. 2006-27 and Historic Register Categorization No. 2006-27. 4. Adopt a resolution approving Historic Resources Commission Application No. 2006-28 and Historic Register Categorization No. 2006-28. 5. Adopt a resolution approving Historic Resources Commission Application No. 2006-29 and Historic Register Categorization No. 2006-29. MOTION: Macres SECOND: Schaefer VOTE: AYES: Bustamante, Chinn, Cook -Giles, Corpin, Lutz, Macres, Schaefer, Seeley (8) NOES: None (0) ABSENT: O'Callaghan (1) ABSTAIN: None (0) 2. Public Comments (items not on the agenda) Ben Grabiel modified his comments made at the December 7, 2006 Historic Resources Commission meeting regarding the 324 Fourth Street project. He also noted that he believes the Secretary of the Interior Standards for Rehabilitation should apply to this vacant lot_ Ben Grabiel stated that the Historical Society revie ed the title policy and found the Secretary of Interior Standards addressed both the vacant lot and the theater for rehabilitation. He stated that the project should be modified to coincide with the agreement. He recommended improvements follow through with the development agreement and also suggested that alternate sites be considered. Ben Grabiel requested that the Historical Society be kept informed of any activity regarding the West End Lofts project located at 324 Fourth Street. STAFF AND COMMISSION COMMENTS 3. Staff Comments Associate Planner Hally Soboleske announced the cancellation of the February 1, 2007 meeting. Historic Resources Commission will resume on March 1, 2007. Historic Resources Commission Minutes 3 January 4, 2007 4. Historic Resources Commission Comments Commissioner Macres Requested an update on the Twist -Basler House, specifically the door replacement and relocation of the McNeil -Basler House. Ms. Soboleske provided information. Commissioner Lutz • Requested an update at the March 1, 2007 meeting regarding the Maharajah House (styrofoam cornice) located at 2221 North Heliotrope. • Provided copies for distribution of the Spurgeon Building restoration and dedication document dated May 16, 1996. Vice Chair Schaefer • Commented on the increase of graffiti citywide; encouraged staff to follow up with the Public Works Agency. Commissioner Seeley No comments Commissioner Corpin • Commented on the efforts of the Public Works Agency to remove graffiti within her area. Commissioner Chinn • Suggested obtaining funds to assist with restoration efforts, specifically paint. Praised city staff for their good work on�the porch for the house on Spurgeon Street in French Park. • Inquired about the educational requirement for Historic Commissioner qualifications to meet the Certified Local Government designation under the National Historic Preservation Act of 1966. Ms. Soboleske provided information. • Requested an update on the McNeil -Basler House relocation_ Ms. Soboleske provided information. Commissioner Bustamante • No comments. Chair Cook -Giles • Commented on Planning Commission/City COuncil's upcoming request on variance to expand square footage of a house in French Park; indicated property already exceeds city's standards. Encouraged everyone to express their concerns regarding "mansionization". 5. Excuse of Absences Commissioner Schaefer made a motion to excuse the absence of Commissioner O'Callaghan. Motion was seconded by Commissioner Macres and unanimously approved by the Commission. S. Adjournment 6:13 p.m. Martha Ramirez, Recor i g Secre Historic Resources Commission Minutes 4 January 4, 2007 ACTION MINUTES OF THE C ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA MARCH 1, 2007 CALLED TO ORDER 4:30 P.M. ATTENDANCE: COMMISSIONERS PRESENT: Alfonso Bustamante Jeff Dickman Blair O'Callaghan Donald Rogers Phillip Schaefer, Vice Chair Michael Seeley COMMISSIONERS ABSENT: Philip Chinn Michael Macres STAFF PRESENT: Jay Trevino, Ex. Dir. Plan. & Bldg. Agency Karen Haluza, Planning Manager Kylee Otto, Assistant City Attorney Sergio Klotz, Associate Planner Martha Ramirez, Recording Secretary PLEDGE OF ALLEGIANCE TO THE FLAG — VICE CHAIR SCHAEFER CONSENT CALENDAR MOTION: Approve the staff recommendations on the following Consent Calendar. MOTION: Schaeffer VOTE: AYES: NOES: ABSENT: ABSTAIN: A. Minutes RECOMMENDATION: SECOND: Seeley Bustamante, Dickman, Rogers, Schaefer, Seeley (5) None (0) Chinn, Macres (2) O'Callaghan (1) Approve minutes of the regular meeting of January 4, 2007. Commissioner O'Callaghan abstained from the Minutes of January 4, 2007. B_ Commission Secretary Repo RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the February 1, 2007 Cancellation Notice for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on January 25, 2007 at 1:23 p.m. Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the January 4, 2007 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on December 28, 2006 at 1:52 p.m. **END OF CONSENT CALENDAR" Historic Resources Commission Minutes 1 March 1, 2007 BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOS RE REGARDING AGENDIZED PROJECTS) Commissioner O'Callaghan abstained from Item 2 regarding the property located at 2126 North Ross. E. AD HOC COMMITTEE FOR THE 2007 HISTORIC PRESERVATION AWARDS Historic Resources Commissioners Donald Rogers, Alfonso Bustamante, and Blair O'Callaghan were appointed to the Ad Hoc Committee for the 2007 Historic Preservation Awards. PROCEDURAL RULES PUBLIC HEARINGS 1. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2006-25 AND 2006-26 AND HISTORIC REGISTER CATEGORIZATION NOS. 2006-25 AND 2006-26 (Continued by the Historic Resources Commission: January 4, 2007 to March 1, 2007) Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. m 2909 North Fallbrook Drive Burns House Key (06-25/06-25) 2620 North Flower Street Miller -Taylor House Key (06-26/06-26 PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007 Categorization changed from Contributive to Key for 2620 North Flower Street-, item was renoticed. RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25. 2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26_ Associate Planner Hally Soboleske provided the staff report and recommendation. The public hearing was opened. No one spoke during the public hearing. The public hearing was closed. MOTION: 1. Adapt a resolution approving Historic Resources Commission Application No. 2006-25 and Historic Register Categorization No. 2006-25. 2. Adopt a resolution approving Historic Resources Commission Application No. 2006-26 and Historic Register Categorization No. 2006-26. Historic Resources Commission Minutes 2 March 1, 2007 MOTION: Seeley SECOND: Bustamante VOTE: AYES: Bustamante, Dickman, O'Callaghan, Rogers, Schaefer, Seeley (6) NOES: None (0) ABSENT: Chinn, Macres (2) ABSTAIN: None (0) 2. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2007-01 THROUGH 2O07-06 AND HISTORIC REGISTER CATEGORIZATION NOS. 2007-01 THROUGH 2O07-06 Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. STRUCTUR RECOMMENDEDNAME A©DRES CATEGORY 2126 North Ross Street MacKay House Contributive (07-01 /07-01 2309 North Flower Street Clyde A. Martin House Contributive 07-02/07-02 2415 North Poinsettia Street Dixon House Contributive (07-03107-03 919 West Camile Street Brooks House Contributive (07-04107-04) 1015 West Camile Street Evans House Contributive 07-05/07-05) PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007 RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2007-01 and Historic Register Categorization No. 2007-01. 2. Adopt a resolution approving Historic Resources Commission Application No. 2007-02 and Historic Register Categorization No. 2007-02. 3. Adopt a resolution approving Historic Resources Commission Application No. 2007-03 and Historic Register Categorization No. 2007-03. 4. Adopt a resolution approving Historic Resources Commission Application No. 2007-04 and Historic Register Categorization No. 2007-04. 5_ Adopt a resolution approving Historic Resources Commission Application No. 2007-05 and Historic Register Categorization No_ 2007-05. Associate Planner Hally Soboleske provided the staff report and recommendation. The public hearing was opened. No one spoke during the public hearing. The public hearing was closed. MOTION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2007-01 and Historic Register Categorization No. 2007-01. Commissioner O'Callaghan abstained from voting. 2. Adopt a resolution approving Historic Resources Commission Application No. 2007-02 and Historic Register Categorization No. 2007-02. Historic Resources Commission Minutes 3 March 1, 2007 3. Adopt a resolution approving Historic Resources Commission 3. Adopt a resolution approving Historic Resources Commission Application No. 2007-03 and Historic Register Categorization No. 2007-03. 4. Adopt a resolution approving Historic Resources Commission Application No. 2007-04 and Historic Register Categorization No. 2007-04. 5. Adopt a resolution approving Historic Resources Commission Application No. 2007-05 and Historic Register Categorization No. 2007-05. MOTION: Seeley SECOND: Bustamante VOTE: AYES: Bustamante, Dickman, O'Callaghan", Rogers, Schaefer, Seeley (6) NOES: None (0) ABSENT: Chinn, Macres (2) ABSTAIN: O'Callaghan* for 2126 North Ross (07-01/07-01) ITEM TAKEN OUT OF ORDER C. SERVICE RECOGNITIONS FOR PAUL COOK-GILrES AND RITA CORPIN Vice Chairman Schaefer issued proclamations to recognize the contributions of Paul Cook -Giles and Rita Corpin to the Historic Resources Commission. 3. HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2007-0.1 Filed by Citigroup, to allow an exterior modification to a historic landmark structure (Smith Tuthill Funeral Parlor) that includes the addition of an Automated Teller Machine in the rear of the building at 518 North Broadway Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: February 16, 2007 PUBLICLY NOTICED: February 16, 2007 RECOMMENDATION: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2007-01. Associate Planner Hally Soboleske provided the staff report and recommendation. The public hearing was opened. No one spoke during the public hearing. The public hearing was closed. MOTION: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification Application No. 2007-01. MOTION: O'Callaghan SECOND: Bustamante VOTE: AYES: Bustamante, Dickman, O'Callaghan, Rogers, Schaefer, Seeley (6) NOES: None (0) ABSENT: Chinn, Macres (2) ABSTAIN: None (0) 4. Public Comments (items not on the agenda) Historic Resources Commission Minutes 4 March 1, 2007 L+Tw CC A \fi P'1 /�Awwwwl L�L�1A\1 /�A�w■■c�ITQ STAFF AND COMMISSION COMMENTS S. Staff Comments Assistant City Attorney Kylee Otto reminded Commissioners of the April 2, 2007 deadline to submit the FPPC Form 700 to the Clerk of the Council and announced that training would be available on March 12, 2007 at the Planning Commission meeting. Associate Planner Hally Soboleske encouraged! Commissioners to submit nominations or applications for the Historic Preservation Awards. 6. Historic Resources Commission Comments Vice Chair Schaefer will defer the continuation of the Template Review Committee until April after the Election of Officers. 7. Excuse of Absences Vice Chair Schaefer motioned to excuse the absences of Commissioners Chinn and Macres_ The motion was seconded by Commissioner O'Callaghan and unanimously approved by the Commission. 8. Adiournment 5:33 p.m. Martha Ramirez Recording Secretary Historic Resources Commission Minutes 5 March 1, 2007 EXECUTIVE SUMMARY MILLER-TAYLOR HOUSE 2620 North Flower Street Santa Ana, CA 92706 NAME Miller -Taylor House REF. NO. ADDRESS 2620 North Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1917 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD I Morrison/Eldridge Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 3 CALIFORNIA REGISTER STATUS CODE SSl Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453-463). SUMMARY/CONCLUSION : The Miller -Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an examp le of the Craftsman aesthetic (Municipal Code, Section 30- 2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. State of California— The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page _1 of 3 Resource name(s) or number (assigned by recorder) Miller -Taylor House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0067 Date: *c. Address 2620 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 001-244-19 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, see, setting, and boundaries.) Set slightly above street level on a property rimmed by a low concrete retaining wall, this one-story Craftsman bungalow is screened from view by dense shrubbery. A cross -gabled roof of medium pitch caps the building. Rafters with shaped tails are exposed in the eaves. Carved braces and extended bargeboards trim the gable ends. An extremely shallow, shed -roofed dormer projects from the north half of the roof. Shingles face the gable ends, while narrow clapboard covers the b ody of the house above a sill line. Tucked into the peaks of the gables, triangular vents are pierced by narrow slits accented by jigsawn arrows. Nearly obscured by vegetation, the porch is sheltered beneath the front gable, which is supported by paired, battered posts set on a brick porch railing. The front door features narrow vertical channels of beveled glass. Windows on the side elevations appear to be a combination of one -over -one double -hung sash and casements; openings on the fagade are hidden by foliage. A shed -roofed projection on the north elevation may mark the location of a secondary entry. The building permit record indicates that the house is substantially intact; the property is in fair condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a. Photo r, T None. P5b. Photo: (view and date) East and north elevations November 2006 *P6. Date Constructed/Age and Sources: ■historic 1917/City of Santa Ana Database *P7. Owner and Address: Barbara M. Taylor 2620 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: L. Heumann and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, California 91105 *P9. Date Recorded: December 1, 2006 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information Hate of California — The Resources Agency Primary # )EPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD 'age 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Miller -Taylor House B1. Historic Name: Miller -Taylor House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Craftsman Bungalow *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1917 April29, 1933. Rebuildbrick flue. June 23, 1944. Reroof. *137. Moved? ❑No ❑Yes ■Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1917-1956 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Miller -Taylor House is architecturally significant as an intact and representative example of a Craftsman residence and is historically notable as one of a handful of pre World War II homes in the area. It was built in 1917, according to City of Santa Ana records, making it the oldest known house in the immediate vicinity. City directories appear to confirm this date of construction. Initially listed in 1918 as located on the west side of North Flower Street, three [houses] north of Santa Clara, this was the home of Fred J. Miller, a baggageman with the Santa Fe railroad, and his wife Annie. In 1925, Fred Miller's occupation was listed as "rancher" and his address was 2610 North Flower. This number apparently changed in 1930 to 2620, probably to accommodate the numbering of the houses built immediately to the south in the 1920s. After 1928, Mrs. Anna D. Miller was the sole occupant listed in the directories. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Neumann *Date of Evaluation: December 1, 2006 (This space reserved for official comments.) Sketch Map O 'LOWELL LAW o 0 6 0 C7� ` Out s s 2620 N. Flower Street 001-244-19 - s J sir s 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 3 Resource Name or # (Assigned by recorder) Miller -Taylor House *Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date December 1, 2006 ❑x Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Miller -Taylor House is located in north Santa Ana, in the Morrison/Eldridge Park neighborhood. An irregularly shaped area straddling North Flower Street, Morrison/Eldridge Park is bounded by the Garden Grove (22) and the Santa Ana (5) freeways on the north and east, Sharon Road and Memory Lane on the south, and North Bristol Street on the west. With the primary exception of the 2600 block of North Flower Street, this area remained unsubdivided and presumably agricultural through World War ll. According to the city directories and early maps, North Flower ended at Seventeenth Street until around 1915, when six homes were noted north of Seventeenth, including three north of Santiago Creek. By 1920, there were nine homes, including one (2610, later numbered 2620), in what would become the Morrison/Eldridge Park neighborhood. Construction of three additional homes on the 2600 block occurred between 1925 and 1930. Beginning with a handful of homes constructed on newly laid out streets in the first few years of the 1950s, the area exploded in the mid 1950s with the building of tracts of homes in the California Ranch style. Home building in the neighborhood tapered off in the 1960s and ended around 1972. The Miller -Taylor House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman style. Typical Craftsman features illustrated by the house include its cross -gabled roof configuration; decorative use of exposed structural and functional elements such as beams, rafters, and vents; and incorporation of a deep front porch and a dormer into the design. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of the Craftsman bungalow. Character -defining exterior features of the Miller -Taylor House that should be preserved include, but may not be limited to, materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant; porch configuration and detailing, entry; and architectural details such as beams, rafters and bargeboards with shaped tails, porch posts, and vents. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Orange County Plat Maps, 1912. Thomas Brothers Maps of Orange County, 1957, 1964, and 1969. Santa Ana and Orange County Directories, 1905-1962. DPR 523L MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- MILLS ACT AGREEMENT 2620 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 2620 North Flower Street Item Year Improvement 1 2024 Driveway resurfacing 2 2025 Construct era -appropriate two -car detached garage 3 2025 Restore the porch's front (east) and south (side) porch elevation to original based on historic photos 4 2026 Remove non -original stained glass window at south fagade and replace with compatible window 5 2027 Inspect all original windows and framing. Ensure windows are in proper working order and in good condition. Repair as needed. Replace only if necessary if repair is not feasible. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Paul J. Gulino and Julie M. Bidmead, as Co -trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019 (hereinafter collectively referred to as "Owner"), owner of real property located at 2369 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2369 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Executive Summary" and "Historical Property Description" attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, -2- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 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." Repainting exterior trim; removing non -compatible gutters; replacing rear yard side door with period -appropriate door; inspecting and repairing all original wood and steel -frame windows, window panes, and window trim as needed; and replacing the main entrance doorknob and exterior light with period -appropriate pieces, 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- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 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 ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 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 2369 North Flower Street, Assessor Parcel Number, 002-072-13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk -5- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 Owners: Paul Gulino and Julie Bidmead 2369 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any -joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. 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. -6- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page followsl -7- ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney :' - 5 Deputy City Attorney MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: PAUL GULINO By: JULIE BIDMEAD RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 10 ACRES OF LOT 4 OF POTTS, BORDEN AND SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH 10 ACRES, THENCE SOUTH 179.80 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO ALFRED F. MOULTON AND EDITH W. MOULTON, BY DEED RECORDED AUGUST 5, 1938 IN BOOK 945 PAGE 582, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 58.00 FEET ALONG SAID WEST LINE; THENCE EAST 160.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES; THENCE NORTH 58.00 FEET PARALLEL WITH THE SAID WEST LINE TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO MOULTON AND WIFE; THENCE WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING. Assessor's Parcel Number: 002-072-13 -9- EXECUTIVE SUMMARY Exhibit B R.S. McGuire House 2369 North Flower Street Santa Ana, CA 92706 NAME R.S. McGuire House REF. NO. ADDRESS 2369 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Art Moderne The Moderne style encompassed the Modernistic, Streamline Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamline Moderne and Art Moderne substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi -light casement windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean -lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. SUMMARY/CONCLUSION: The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is "Key" because it has a ziisuncuve arcnaeciurai siyie ana quarry renecuve or ine Art ivioaerne siyie. tbania Ana iwunicipai uoae, becuon su-z.z EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer. Page 1 of 5 Resource name(s) or number (assigned by recorder) R.S. McGuire House Date 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 2369 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-072-13 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low -pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east facade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) facade features a stucco -clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel -frame, multi -pane, combination fixed -and -casement corner windows that wrap around both the north and south building corners (Figure 2). The primary facades feature two building projections that are stepped back from the front of the building. Both projections contain similar steel -frame windows that wrap around the corners (Figure 3). The main entrance, located on the primary (south) facade, is accessible by two curved concrete steps. The entrance features a single, solid door below a curved roof awning (Figure 4). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (west) facade, view east, November 2023 *P6. Date Constructed/Age and Sources: ■historic 19381 Original Building Permit *P7. Owner and Address: Paul Gulino and Julie Bidmead 2369 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 15, 2024 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *Resource Name or #: R.S. McGuire House *NRHP Status Code 5S3 131. Historic Name: R.S. McGuire House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Art Moderne *136. Construction History: (Construction date, alterations, and date of alterations): August 22, 1938. Permit to construct a 6-room stucco residence and garage. $5, 500. April 3, 1941. Extend garage by owner. $200. August 8, 1991. Remove workshop addition to garage. $200. August 30, 1991. Add bathroom, closet, laundry, and window in master bedroom french door in tv room, reroof. $20,200. September 13, 2019. Reroof with comp shingles. $8,500. January 10, 2024. Install solarpanels. $10,000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Allison Honer (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1938 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 R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for owner - contractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the intial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture -appliance store at 714 West 17r" Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss -Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021. B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheets 3 and 4) B13. Remarks: None *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: July 15, 2024 (This space reserved for official comments.) Sketch Map „ R.S. McGuire House 5 RAC e 2369 N Flower Street °O== O xO i O I 10 FI 1q In m 16 2. 15 H£L TOTROP£ I �o LIJ pRIV£ r oe 0' "O oar I � Ik 21 P E I I I 44 .® 2° � f9 N i] ss 16 io IS a f4113 iel l2 m ff 5 IO04 11 12 AOR. 13 Ot 4 14 L 15 '16 1l 18 19 _ 4 Q ,r4 8 S DWELL TRACT 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: (Name_ of Structure))*Recorded by Andrea Dumovich Heywood *Date July 15, 20240 Continuation ❑ Update *P3a. Description (continued): Additional fenestration on the south (primary) fagade includes a single two -over -two double -hung wood window. The side (north) fagade contains one -over -one double -hung wood windows. The rear (east) fagade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear fagade includes a single double -hung wood window, as well as a glass block window with two steel -frame, multi -light fixed -and - casement windows located on the curved building projection (east addition) (Figures 5 and 6). The detached garage, located southeast of the primary residence, contains a side -gabled roof clad in asphalt shingles to match the residence (Figure 7). The paneled garage door at its primary (west) fagade faces a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) fagade. Additional architectural features include a vent at the gable end of the primary (south) fagade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door. The property is landscaped with a front lawn, small shrubs, and medium-sized trees. *1310. Significance (continued): The R.S. McGuire House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father's firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. Located in Floral Park, the house cost $5,500 to build in 1938. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary fagades at the west and south; low -pitch hipped and gabled roof, - minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco -clad chimney with exposed brick near the top; steel -frame multi -pane combination fixed -and -casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double -hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *B12. References (continued): Ancestry.com. California, Death Index, 1938-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. 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 DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: «Name_ of Structure))*Recorded by Andrea Dumovich Heywood *Date July 15, 20240 Continuation ❑ Update Newspapers. com (Santa Ana Register, The Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1938-2008. 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 Structure))*Recorded by Andrea Dumovich Heywood *Date July 15, 20240 Continuation ❑ Update Additional Fiqures: b ti.ti Let .. Figure 2. At the primary (west) fagade, a steel -frame, Figure 3. The primary (south) fagade showing two multi -pane, combination fixed -and -casement corner stepped back building projections with steel -frame window that wrap around the north building corner, windows, facing north. facing southeast. x r �.K Figure 5. A glass block window at the rear (east) fagade is located on the rear addition, facing north. Figure 4. The main entrance, located on the primary (south) fagade, is accessible by two curved concrete steps and features a solid door below a curved roof awning, facing north. y i Figure 7. The detached garage, located southeast of the Figure 6. A steel -frame, multi -light fixed -and -casement primary residence, contains a side -gabled roof clad in window located on the curved building projection (east asphalt shingles to match the residence, facing east. addition), facing northwest. DPR 523L MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 2369 North Flower Street Item Year Improvement 1 2025 Repaint trim as needed. 2 2026 Remove non -compatible gutters. If replacing, install historically -compatible gutters. 3 2027 Replace rear yard side door with period -appropriate door . 4 2028 Inspect and repair all original wood and steel -frame windows, window panes, and window trim as needed. 5 2029 Replace main entrance doorknob and exterior light with period -appropriate doorknob and light. Note: The doorknocker shall not be removed as it is a character defining feature. Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 15, 2024 — Special Meeting Topic: HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 — R.S. McGuire House (2369 North Flower Street) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2023-29 and Historic Register Categorization No. 2024-03 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Paul Gulino and Julie Bidmead, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Paul Gulino and Julie Bidmead are requesting approval to designate an existing Art Moderne style residence located at 2369 North Flower Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne Style house. It is worthy of "Key" categorization because it has a distinctive architectural style and quality reflective of the Art Moderne style, including its smooth stucco wall surface, asymmetrical fagade, and windows located on building corners, among other features. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Flower Street in the Floral Park neighborhood in Santa Ana. The site contains a 1,805-square-foot, Art Moderne style residence and detached garage, on a 6,960-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 — R.S. McGuire House (2369 North Flower Street) July 15, 2024 Page 2 In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 86 years old and is a sound example of period architecture. No known code violations exist on record for this property. The R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for owner -contractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the initial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture -appliance store at 714 West 17th Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss -Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021. The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood. The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low -pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east fagade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) fagade features a stucco -clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel -frame, multi - pane, combination fixed -and -casement corner windows that wrap around both the north and south building corners. The primary fagades feature two building projections that are HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 — R.S. McGuire House (2369 North Flower Street) July 15, 2024 Page 3 stepped back from the front of the building. Both projections contain similar steel -frame windows that wrap around the corners. The main entrance, located on the primary (south) fagade, is accessible by two curved concrete steps. The entrance features a single, solid door below a curved roof awning. Additional fenestration on the south (primary) fagade includes a single two -over -two double -hung wood window. The side (north) fagade contains one -over -one double -hung wood windows. The rear (east) fagade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear fagade includes a single double -hung wood window, as well as a glass block window with two steel -frame, multi -light fixed -and -casement windows located on the curved building projection (east addition). The detached garage, located southeast of the primary residence, contains a side -gabled roof clad in asphalt shingles to match the residence. The paneled garage door at its primary (west) fagade faces a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) fagade. Additional architectural features include a vent at the gable end of the primary (south) fagade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door. The property is landscaped with a front lawn, small shrubs, and medium-sized trees. Character -defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary fagades at the west and south; low -pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco -clad chimney with exposed brick near the top; steel -frame multi -pane combination fixed -and -casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double -hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Art Moderne style. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 — R.S. McGuire House (2369 North Flower Street) July 15, 2024 Page 4 agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • A mechanism to provide for property rehabilitation • Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan. Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: repair trim as needed. Staff also proposes the following improvements: remove non -compatible gutters; replace rear yard side door with period -appropriate door; inspect and repair all original wood and steel - frame windows, window panes, and window trim as needed; and replace main entrance doorknob and exterior light with period -appropriate doorknob and light. Staff will ensure that the proposed work will be done sensitively and will maintain the property's character - defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. HRCA No. 2023-29, HRC No. 2024-03, HPPA No. 2024-05 — R.S. McGuire House (2369 North Flower Street) July 15, 2024 Page 5 In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-16 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $675.77 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2024-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2023-29 TO PLACE THE PROPERTY LOCATED AT 2369 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2024-03 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On July 15, 2024, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2023-29) and categorization (Historic Resources Commission Categorization No. 2024- 03) of the R.S. McGuire House located at 2369 North Flower Street, Santa Ana. B. The R.S. McGuire House has distinctive architectural features of the Art Moderne style and was built in 1938. C. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The house displays characteristics of the Art Moderne style through its use of smooth stucco wall surface, asymmetrical facade, and windows located on building corners; among other original features. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary facades at the west and south; low -pitch hipped and gabled roof; minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco -clad chimney with exposed brick near the top; steel -frame multi -pane combination fixed -and -casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double -hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or Resolution No. 2024-XX Page 1 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. D. The legal owners of the property are Paul J. Gulino and Julie M. Bidmead, as Co -trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement's term, including removing the non -compatible gutters, replacing the rear side yard door with a period -appropriate door, and replacing the main entrance doorknob and exterior light with period - appropriate materials. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2024-16 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2023-29 to place the R.S. McGuire House located at 2369 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2024-03 placing the R.S. McGuire House located at 2369 North Flower Street, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Resolution No. 2024-XX Page 2 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 151h day of July, 2024. Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Brandon Salvatierra Deputy City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members Resolution No. 2024-XX Page 3 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on July 15, 2024. Date: Nuvia Ocampo Commission Secretary City of Santa Ana Resolution No. 2024-XX Page 4 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-072-13 2369 North Flower Street THE LAND REFERRED TO Paul J. Gulino HEREIN BELOW IS SITUATED and Julie M. IN THE CITY OF SANTA ANA, Bidmead COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 10 ACRES OF LOT 4 OF POTTS, BORDEN AND SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH 10 ACRES, THENCE SOUTH 179.80 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO ALFRED F. MOULTON AND EDITH W. MOULTON, BY DEED RECORDED AUGUST 5, 1938 IN BOOK 945 PAGE 582, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 58.00 FEET ALONG SAID WEST LINE; Resolution No. 2024-XX Page 5 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 THENCE EAST 160.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES; THENCE NORTH 58.00 FEET PARALLEL WITH THE SAID WEST LINE TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO MOULTON AND WIFE; THENCE WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING. Resolution No. 2024-XX Page 6 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2023-29 and Historic Resources Commission Categorization No. 2024-03 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2369 North Flower Street, historically known as the R.S. McGuire House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution No. 2024-XX Page 7 of 7 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Paul J. Gulino and Julie M. Bidmead, as Co -trustees of the Gulino / Bidmead Family Trust, U/A Dated April 30, 2019 (hereinafter collectively referred to as "Owner"), owner of real property located at 2369 North Flower Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2369 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Executive Summary" and "Historical Property Description" attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, -2- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 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." Repainting exterior trim; removing non -compatible gutters; replacing rear yard side door with period -appropriate door; inspecting and repairing all original wood and steel -frame windows, window panes, and window trim as needed; and replacing the main entrance doorknob and exterior light with period -appropriate pieces, 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- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 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 ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 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 2369 North Flower Street, Assessor Parcel Number, 002-072-13, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk -5- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 Owners: Paul Gulino and Julie Bidmead 2369 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any -joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. 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. -6- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page followsl -7- ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney i R ;6• ... Deputy City Attorney MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By: PAUL GULINO By: JULIE BIDMEAD RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTH 10 ACRES OF LOT 4 OF POTTS, BORDEN AND SIDEWELL TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 PAGE 624 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH 10 ACRES, THENCE SOUTH 179.80 FEET ALONG THE WEST LINE OF SAID LOT 4 TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF THE LAND CONVEYED TO ALFRED F. MOULTON AND EDITH W. MOULTON, BY DEED RECORDED AUGUST 5, 1938 IN BOOK 945 PAGE 582, OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, THENCE SOUTH 58.00 FEET ALONG SAID WEST LINE; THENCE EAST 160.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SOUTH 10 ACRES; THENCE NORTH 58.00 FEET PARALLEL WITH THE SAID WEST LINE TO THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO MOULTON AND WIFE; THENCE WEST 160.00 FEET TO THE TRUE POINT OF BEGINNING. Assessor's Parcel Number: 002-072-13 -9- EXECUTIVE SUMMARY R.S. McGuire House 2369 North Flower Street Santa Ana, CA 92706 NAME R.S. McGuire House REF. NO. ADDRESS 2369 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE �5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Art Moderne The Moderne style encompassed the Modernistic, Streamline Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamline Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamline Moderne and Art Moderne substyles emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block or metal multi -light casement windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamline Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean -lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. SUMMARY/CONCLUSION: The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Art Moderne style. (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer Page 1 of 5 Resource name(s) or number (assigned by recorder) R.S. McGuire House Date 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 2369 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-072-13 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The R.S. McGuire House is a one story, single-family, Art Moderne style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The asymmetrical residence exhibits a T-shaped plan with two primary facades facing west and south respectively. Its low -pitch hipped and gabled roof is clad in asphalt shingles with minimal overhanging eaves and exposed rafter tails. A rear addition that was added to the east facade in 1991 has curved walls and is capped with a curved roofline in asphalt shingles to match existing. The exterior of the house is clad in smooth stucco with minimal texture throughout. The primary (west) facade features a stucco -clad chimney with the upper portion clad in exposed brick. The chimney is flanked by two steel -frame, multi -pane, combination fixed -and -casement corner windows that wrap around both the north and south building corners (Figure 2). The primary facades feature two building projections that are stepped back from the front of the building. Both projections contain similar steel -frame windows that wrap around the corners (Figure 3). The main entrance, located on the primary (south) facade, is accessible by two curved concrete steps. The entrance features a single, solid door below a curved roof awning (Figure 4). (See Continuation Sheet 3 of 5.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (west) facade, view east, November 2023 *P6. Date Constructed/Age and Sources: ■historic 19381 Original Building Permit *P7. Owner and Address: Paul Gulino and Julie Bidmead 2369 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 15, 2024 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *Resource Name or #: R.S. McGuire House *NRHP Status Code 5S3 B1. Historic Name: R.S. McGuire House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Art Moderne *136. Construction History: (Construction date, alterations, and date of alterations): August 22, 1938. Permit to construct a 6-room stucco residence and garage. $5,500. April 3, 1941. Extend garage by owner. $200. August 8, 1991. Remove workshop addition to garage. $200. August 30, 1991. Add bathroom, closet, laundry, and window in master bedroom french door in tv room, reroof. $20,200. September 13, 2019. Reroof with comp shingles. $8, 500. January 10, 2024. Install solar panels. $10,000. *137. Moved? ■No ❑Yes []Unknown Date: *138. Related Features: Detached garage B9a. Architect: Unknown Original location: b. Builder: Allison Honer (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1938 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The R.S. McGuire House is architecturally significant as an intact example of an Art Moderne style house in Santa Ana. The original building permit is dated August 22, 1938, and indicates it was built as a single-family residence and garage for owner - contractor Allison Honer for $5,500, who appears to have been affiliated with the property only during the time of the intial building permit. The original architect is unknown. City directories note that R.S. McGuire owned the property for at least 23 years, from 1939-1962. R.S. (Mac) McGuire worked for heating equipment company O'Keefe and Merritt and later was employed at Coffmans furniture -appliance store at 714 West 17t" Street in Santa Ana (Santa Ana Register, March 7, 1946; Santa Ana Register, March 30, 1950). From circa 1965-1979, Douglas Geraldine occupied the building. In 1980, J Darlingfriz and Doug Friz are noted as building occupants. The 1985 Criss -Cross directories do not list the property owner. From circa 1986 to 2021, David Aeppli owned the subject property. City directories were not available from 1963-1964, 1966-1978, and 1984; directories from 1981-1983 and 1985 do not list the property owner or occupant. The present owners, Paul Gulino and Julie Bidmead, purchased the property in 2021. 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 Sheets 3 and 4) B13. Remarks: None *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: July 15, 2024 (This space reserved for official comments.) Sketch Map d3 R.S. McGuire House s ' " ° RAC 2369 N Flower Street I7 I I li ' I B i I I � I I k. HELIOTROPE DRIVE O_ _ 21 ( 'sf F O 1� O L ,- I O I I .;1035 " ­20I n' I6 ' IS . 1413 mifa s 11 5 19_-g 10, 911, 12'�13�'14''(Y'16', PO4. 07 4 17''S8y 19 u ~ 2 �54 & S WELL TRACT 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: R.S. McGuire House 'Recorded by Andrea Dumovich Heywood "Date July 15, 20240 Continuation ❑ Update *133a. Description (continued): Additional fenestration on the south (primary) fagade includes a single two -over -two double -hung wood window. The side (north) fagade contains one -over -one double -hung wood windows. The rear (east) fagade has single and double partially glazed pedestrian doors with horizontal muntins dividing the doors into five lights. Additional fenestration at the rear fagade includes a single double -hung wood window, as well as a glass block window with two steel -frame, multi -light fixed -and - casement windows located on the curved building projection (east addition) (Figures 5 and 6). The detached garage, located southeast of the primary residence, contains a side -gabled roof clad in asphalt shingles to match the residence (Figure 7). The paneled garage door at its primary (west) fagade faces a long, paved driveway leading to North Flower Street. A single, solid pedestrian door is situated at the rear (east) fagade. Additional architectural features include a vent at the gable end of the primary (south) fagade, pronounced window sill trim throughout, smooth or curved building corners, and an Art Modern style metal door knocker on the main entrance door. The property is landscaped with a front lawn, small shrubs, and medium-sized trees. *610. Significance (continued): The R.S. McGuire House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father's firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The R.S. McGuire House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Art Moderne style home in Santa Ana. Located in Floral Park, the house cost $5,500 to build in 1938. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Art Moderne style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the R.S. McGuire House include, but may not be limited to: T-shaped plan; asymmetrical primary fagades at the west and south; low -pitch hipped and gabled roof, - minimal roof overhang and exposed rafter tails; smooth stucco siding with minimal texture throughout; stucco -clad chimney with exposed brick near the top; steel -frame multi -pane combination fixed -and -casement corner windows that wrap around building corners; building projections that are stepped back from the front (west) portion of the building; main entrance accessible by two curved concrete steps with a single, solid door and Art Moderne style metal door knocker that is situated below a curved roof awning; double -hung wood windows; pronounced window sill trim throughout; vent at the gable end; smooth or curved building corners; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *612. References (continued): Ancestry.com. California, Death Index, 1938-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. 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 DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: R.S. McGuire House 'Recorded by Andrea Dumovich Heywood *Date July 15, 2024❑x Continuation ❑ Update Newspapers.com (Santa Ana Register, The Register) Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1938-2008. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: R.S. McGuire House 'Recorded by Andrea Dumovich Heywood "Date July 15, 20240 Continuation ❑ Update Additional Fiqures: _ Ge yi Figure 2. At the primary (west) fagade, a steel -frame, Figure 3. The primary (south) fagade showing two multi -pane, combination fixed -and -casement corner stepped back building projections with steel -frame window that wrap around the north building corner, windows, facing north. facing southeast. i Figure 5. A glass block window at the rear (east) fagade is located on the rear addition, facing north. Figure 4. The main entrance, located on the primary (south) fagade, is accessible by two curved concrete steps and features a solid door below a curved roof awnin , facin north. - Y V Figure 7. The detached garage, located southeast of the Figure 6. A steel -frame, multi -light fixed -and -casement primary residence, contains a side -gabled roof clad in window located on the curved building projection (east asphalt shingles to match the residence, facing east. addition), facing northwest. DPR 523L MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- MILLS ACT AGREEMENT 2369 North Flower Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 2369 North Flower Street Item Year Improvement 1 2025 Repaint trim as needed. 2 2026 Remove non -compatible gutters. If replacing, install historically -compatible gutters. 3 2027 Replace rear yard side door with period -appropriate door . 4 2028 Inspect and repair all original wood and steel -frame windows, window panes, and window trim as needed. 5 2029 Replace main entrance doorknob and exterior light with period -appropriate doorknob and light. Note: The doorknocker shall not be removed as it is a character defining feature. ORANGE COUNTY REPORTER — SINCE 1921 — 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGEN 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE )SS Notice Type: GPN - GOVT PUBLIC NOTICE Ad Description: 2369 N Flower St I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 07/05/2024 Executed on:07/05/2024 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. ure 11iuuiu1[u1i� iumu 111iuuuiiiiiiiiuiuui This space for filing stamp only OR#: 3828758 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2369 North Flower Street located within the Single Family Residential (R1) zoning district Project Applicant: Paul J. Gulino & Julie M. Bidmead (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2023-29, Historic Register Categorization No. 2024-03, and Historic Property Preservation Agreement No. 2024-05 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Key" for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER- 2024-16 will be filed for this project. Meeting Details: This matter will be heard on Monday, July 15, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to dale information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting- participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to P BAe C o m m e n t s rd). s a n to -a n a. o rg (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https:Hsanta- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez@santa- ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo at (714) 667- 2732. Neu can lien lac bang tieng Viet, xin dien thoai cho Tony Lai s6 (714) 565- 2627. 7/5/24 OR-3828758# Email CITY OF SANTA ANA -L' Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 2369 North Flower Street located within the Single Family Residential (R1) zoning district Project Applicant: Paul J. Gulino & Julie M. Bidmead (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2023-29, Historic Register Categorization No. 2024-03, and Historic Property Preservation Agreement No. 2024-05 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Key" for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2024-16 will be filed for this project. Meeting Details: This matter will be heard on Monday, July 15, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(a_santa-ana.orq (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez(a_santa-ana.orq or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. 237c� 3 h 2332`233r 370 Li 3 i •, 2333. ` 2332- ' ' 20'2 7 � 32 233 .� �, 232 2 s25 :223 8 .� a 2 2C sib i_. Eal 9t 232C �y r u_s� 231A # _ ; 7 73:1 231 fj 23G �ry--23t12 S I 3 203 '� 0 230 2301 � 4_ w { u 9l z 9i C.. m 6, Qi• i. _ T- 00- or .2216 ?L ,� v NOTICE OF PUBM� HLARING BEFORE THE SANT'_A ANA HiSTORUC RESOURCES C WMISSION The City of Santa Ana encoui ages the public to participate in the decision -making process. We encourage you to contact us prior to the Public Hearing it you have any questions. iijstori'r- Rr.I ources Commission Action: The Historic Resources Cor ,mission will hold a Pubic gearing to receive public testimony, and will take action on the iter-. ibed below. I Their ~pion is final unless appealed to the City Council within 10 days of the decision by any inter, .,",J party or group. Project Location: 2369 North Flower Street located within the Single Family Residentia (R1) zoning district Project Applicant: Paul J. Gulino & Julie M. Bidmead (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2023-29, Historic Register Categorization No. 2024-03, and Historic Property Preservation Agreement No. 2024-05 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Key" for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2024-16 will be filed for this project. Meetincl Details: This matter will be heard on Monday, July 15, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/ b/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeCommentsCaDsanta-ana.orq (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the after the deadline may not be distributed to the Commission but meeting. Comments received will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: htt s //santa ana primegov com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomeznsanta-ana.org or 714-667-2790. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia ocampo al (714) 667-2732• Neu can lien lac bang tieng Viet, xin then thoai cho Tony Lai so (714) 565-2627� I fJ 1 M'ta '' � IC HEARING BEFORE THE EANTp qNF NisioRlC RESOURCES COMMISSION .. � ... •..,exnwa TM"„^ uvwiun�q��mro.e. x'a � swumnMgy�d wn�oaana ���o+, ueww.uu Nw.,,,��' waw�. m nvm`n`mu>�au,wmuw�y" +oau. axamw [u��� �^•gy_mw p ww,,.� m,'°�e0^+' Si.m renwvu� i zev Y J. I i• Jhr1r�. I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Kevin Kajikawa, a single man and Jonathan Melendez, a married man as his sole and separate property, as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 424 South Broadway, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 424 South Broadway, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. -2- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-06) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 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 -3- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I 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 1/2) 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. -4- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 424 South Broadway, Assessor Parcel Number, 398-292-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office Owners: Kevin Kajikawa and Jonathan Melendez 424 South Broadway Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I 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. 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. -6- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I 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- ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: BIAI DON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I CITY OF SANTA ANA ALVARO NUNEZ City Manager By: KEVIN KAJIKAWA By: JONATHAN MELENDEZ RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT FOUR (4) IN BLOCK "A", OF HENINGER'S ADDITION TO THE CITY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 5, PAGES 5 AND 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 398-282-17 -9- EXECUTIVE SUMMARY Exhibit B COSELMAN-MOTLEY HOUSE 424 South Broadway Santa Ana, CA 92701 NAME Coselman-Motley House REF. NO. ADDRESS 424 South Broadway CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S 1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of Craftsman styling (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial_ NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Coselman-Motley House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Tustin TCA 2555 Date: *c. Address 424 South Broadway City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number: 398-292-17; HENINGERS ADD BLOCK: A LOT: 4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and a half story Craftsman bungalow presents a symmetrical fagade to the street. A side gable roof, whose front (east) rake is longer than the rear, caps the dwelling and is accented by a centered, front -gabled dormer. Arrow -tipped bargeboards, exposed rafters, carved beams, and pendants topped by finials constitute the roof and dormer detailing. The dormer contains a large, tripartite window with a diamond -paned central transom, set below a lattice -work vent and a band of purlins. Narrow clapboard sheathes the house. Spanning the lower story fagade, the recessed porch is divided into three bays by tapered posts resting on art stone pedestals. A jig -sawn railing connects the pedestals and encloses the porch space. The entry, flanked by sidelights, occupies the narrower central bay, while large tripartite windows with elaborate leaded glass transoms are located in the side bays. A one-story, shed -roofed projection is recessed on the south elevation and contains a secondary entry. With the exception of a non -original but compatible picket fence that surrounds the property, the house appears unaltered from the street. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) East elevation March 2004 *P6. Date Constructed/Age and Sources: ■historic 1911/Source: Les, 1979. W. Owner and Address: Ruth L. Motley 424 South Broadway Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 22, 2004 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "200, 300, 400, 500 South Broadway." Historic Resources Inventory September 1979. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Coselman-Motley House B1. Historic Name: Coselman-Motley House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1911. October 22, 1926. Alterations. September 14, 1929. Alterations. October 21, 1943. Reroof. *137. Moved? ■No ❑Yes ❑Unknown Date: *138. Related Features: None. 139a. Architect: Unknown Original Location: :1! IM150I71WEIRM, 7►r1 *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Coselman-Motley House is architecturally significant as a fine example of Craftsman styling that retains a very high degree of integrity. According to previous research, it was constructed in 1911 and originally owned by Erastus and Mary Coselman, who came to Santa Ana from Kansas to retire. The second owner, Dr. E. G. Motley, had acquired the house by 1926, when he applied for a permit to make alterations with an estimated value of $200. A surgeon, Dr. Motley had an office in the Spurgeon Building. His son, a fire captain with the City of Santa Ana, inherited the house in 1975, and the family is still in residence today (2004). (See Continuation Sheet 3 of 3.) 1311. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: March 22, 2004 (This space reserved for official comments.) Sketch Map (D y { s 92 � QY 9t A ell rat I I Coselman House 424 South Broadway 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 3 Resource Name or # (Assigned by recorder) Coselman-Motley House *Recorded by Leslie J. Neumann, SAIC "Date March 22, 2004 0 Continuation ❑ Update *1310. Significance (continued): The Coselman-Motley House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest corner of Palm and West Walnut. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty- four acres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs, and paved the streets on what had been a barley field. Later they bought additional tracts of ten and eighteen acres which they also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange County historian Samuel Armor described the Heninger tracts as "... the finest residence section of the city, built up with fine homes..., " adding, "Mr. [Martin] Heninger and his brother have erected 150 houses on the property" (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets. The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees. Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to preserve its historic character, the second such SD in the City. (French Park was the first.) The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Key" because it `has a distinctive architectural style and quality" as an example of Craftsman styling. The roof detailing, porch treatment, and generous use of leaded glass are among the elements that make this home noteworthy. Character -defining exterior features of the Coselman-Motley House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports). *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1935. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Personal Communication, Mrs. Ruth Motley to Lynette Perry, March 24, 2004. DPR 523L MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 9270I 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") 424 South Broadway Item Year Improvement 1 2024 Exterior paint; traditional Craftsman colors 2 2024 Repair all original windows to be fully functional as needed through the following: replace worn/broken window pull ropes, replace broken window panes, repair exterior wood rot, and weatherproof windows. 3 2024 New front yard landscaping and walkways in era -appropriate style 4 2024 Install rain gutters in appropriate style/material 5 2024 Install yard drainage to move rain away from foundation 6 2025 Repair siding 7 2026 Repair cracks in foundation 8 2026 Seismic retrofit of foundation, brace and bolt 9 2027 Update electrical systems throughout 10 2027 Update plumbing system throughout 11 2028 Reroof with synthetic cedar shakes in keeping with traditional Craftsman style 12 2032 Termite tenting as preventative maintenance 13 2033 Sister existing original foundation walls (with a new wall that is located on the interior of the building adjacent to the original exterior wall) to preserve the building's structural integrity. Planning and Building Agency Item # c City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 15, 2024 — Special Meeting Topic: HPPA No. 2024-06 — The Coselman-Motley House (424 South Broadway) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Kevin Kajikawa and Jonathan Melendez for the property located at 424 South Broadway, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Kevin Kajikawa and Jonathan Melendez are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 424 South Broadway that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Coselman-Motley House, consists of an existing one - and -a -half story Craftsman bungalow style residence that is approximately 2,561 square feet in size on a 7,066-square-foot residential lot (Exhibit 2). The Coselman-Motley House was added to the Santa Ana Register of Historical Properties ("Register") in 2004, categorized as "Key." Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement HPPA No. 2024-06 — The Coselman House (424 South Broadway) July 15, 2024 Page 2 generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2004, the Historic Resources Commission placed the Coselman-Motley House on the Register and within the "Key" category for its distinctive architectural style and quality as an example of Craftsman styling. Character -defining exterior features of the Cooper House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports). In 2024, a residential alteration application was approved by the Planning staff for the following modifications addressing a notice of violation: rebuild front entrance and south entrance porch steps in wood material, and rebuild six (6) new concrete piers to match existing with four (4) at the primary entrance and two (2) at the south side entrance. The application also included a new side yard fence at the north and south property lines. All exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. It was noted during the 2024 site visit that all aforementioned items were implemented to staff's satisfaction at the subject property. Additional future improvements proposed by the homeowners during the initial ten years of the Mills Act Agreement include exterior painting, repair all original windows to be fully functional, install front yard fence, landscape improvements, front door replacement with period -appropriate style, rain gutter installation, siding and foundation repairs, seismic retrofit, electrical and plumbing upgrades, reroof, and termite work. Specifically, some windows are currently in poor condition and will be repaired with new window pull ropes and window panes, as well as exterior wood rot repair and weatherproofing, to become fully functional. Staff will ensure that the proposed work will be done sensitively and will maintain the property's character -defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. HPPA No. 2024-06 — The Coselman House (424 South Broadway) July 15, 2024 Page 3 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-18, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,005.08 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 424 South Broadway 4 - Action Minutes HRC (424 South Broadway) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Kevin Kajikawa, a single man and Jonathan Melendez, a married man as his sole and separate property, as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 424 South Broadway, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 424 South Broadway, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 18, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. -2- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-06) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 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 -3- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 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 1/2) 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. -4- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 424 South Broadway, Assessor Parcel Number, 398-292-17, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office Owners: Kevin Kajikawa and Jonathan Melendez 424 South Broadway Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the 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. -6- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 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- ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney i 'b= Z •SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By: KEVIN KAJIKAWA By: JONATHAN MELENDEZ RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT FOUR (4) IN BLOCK "A", OF HENINGER'S ADDITION TO THE CITY OF SANTA ANA, AS PER MAP RECORDED IN BOOK 5, PAGES 5 AND 6, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 398-282-17 -9- aY � 30� � - � •3U3 w � '� i 361 301=-302 390 '306 i 31D 314 313 I� piM. ; 500' RADIUS 59. HPPA-2024-06 424 SOUTH BROADWAY COSELMAN-MOTLEY HOUSE PLANNING AND BUILDING AGENCY was 1 00-11 R ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA May 6, 2004 CALLED TO ORDER 4:39 P.M. City Hall Ross Annex First Floor Conference Room 1600 20 Civic Center Plaza, Santa Ana, California ATTENDANCE: COMMISSIONERS PRESENT: Paul Giles, Chairman Phillip Schaefer, Vice Chairman Carlos Bustamante Philip Chinn Rita Corpin James Gartner Rose Anne Kings Tom Lutz Blair O'Callaghan STAFF PRESENT: Jay Trevino, Planning Manager Kylee Otto, Deputy City Attorney Haily Soboleske, Assistant Planner lI Martha Ramirez, Recording Secretary CONSENT CALENDAR A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of April 1, 2004. B. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act and the Maddy Act, the April 1, 2004 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on March 29, 2004 at 8:28 a.m. Motion. Approve the staff recommendations on the Consent Calendar. MOTION: O'Callaghan SECOND: Schaefer AYES: Bustamante, Chinn, Corpin Gartner, Giles, Kings, Lutz, O'Callaghan, Schaefer (9) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) **END OF CONSENT CALENDAR** Historic Resources Commission Minutes 1 May 6, 2004 BUSINESS CALENDAR BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) None noted D. SUMMARY OF CALIFORNIA PRESERVATION FOUNDATION'S SEMINAR ON HISTORIC SURVEYS (Hally Soboleske) Hally Soboleske presented an overview of the conference highlighting the features of the surveys and indicated that Santa Ana ranked high in comparison to other cities. Noted the need within our system to run queries/reports using access data base format. Commission discussion ensued with inquiries about film scouting in Santa Ana. Staff indicated the City of Santa Ana's Register of Historic Property documentation has been sent to the California Historical Resources Information System (CHRIS) for statewide cataloging. A suggestion was made that information regarding the Orange County Film Commission should be included with homeowner's packets. ITEM E TAKEN OUT OF ORDER (moved to Council Chambers) E. AWARDS FOR OUTSTANDING HISTORIC PRESERVATION PROJECTS (Paul Giles/Nally Soboleske) Filed by the City of Santa Ana to recognize outstanding achievement in the areas of Restoration, Rehabilitation, Merit, and Historic Infill Design. RECOMMENDATION: Announce the Outstanding Historic Preservation Projects. Award recipients: Restoration: Old City Hall, 217 North Main Street DGWB Ventures, LLC and Nestor/Gaffney Architects Award of Merit: "Rediscovering Historic Downtown Santa Ana" brochure Santa Ana Historical Preservation Society Project Leaders: Guy Ball, Tim Rush, and Catherine Cate WORK STUDY SESSION F. FOLLOW UP ON COMMISSION LISTING POLICY FOR PLACEMENT ON THE SANTA ANA REGISTER (Paul Giles) Commission agreed that Landmark and Key properties should be protected and designated. Owners opposing the designation may appeal to the City Council. Owners of properties eligible as Contributive should be well informed and then come to Commission with reasons for opposition. Commission policy would allow reconsideration of designation of these types of properties if owners object to listing; the owners must provide substantive objections and/or evidence of non -eligibility. G. RECESS TO COUNCIL CHAMBERS - 5:11 PM Historic Resources Commission Minutes 2 May 6, 2004 CITY HALL COUNCIL CHAMBERS r1 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA May 6, 2004 ROLL CALL 5:15 P.M. Same members present PLEDGE OF ALLEGIANCE TO THE FLAG PROCEDURAL RULES ITEM E TAKEN OUT OF ORDER E. AWARDS FOR OUTSTANDING HISTORIC PRESERVATION PROJECTS (Paul Giles/Hally Soboleske) Hally Soboleske presented an overview of the award -recipient projects. Chairman Giles made award presentations. He announced the May 8 Walking Tour in Santa Ana. Award recipients: Restoration: Old City Hall, 217 North Main Street DGWB Ventures, LLC and Nestor/Gaffney Architects Award of Merit: "Rediscovering Historic Downtown Santa Ana" brochure Santa Ana Historical Preservation Society Project Leaders: Guy Ball, Tim Rush, and Catherine Cate Chairman Giles opened the public hearing. Public present: Joann Ramirez, Santa Ana Historical Preservation Society commemorated the recipients and announced the "Protecting America's Treasures" noon tour, also noted Commissioner Chinn will be tour guide at the Waffle House. Chairman Giles closed the public hearing. PUBLIC HEARINGS rContinued by Historic Resources Commission: February 5, 2004 to May 6, 2004) (Melanie McCann) Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. ._. STRUCTI�E... .. NAME RECOMME , 2520 North Valencia Street 212 Ta lor-Gustlin House Landmark 214 East Santa Clara Avenue 3/3 McCowan House Landmark 1905 North Valencia Street 5/5 F. B. Elliot House Key RECOMMENDATION: 1. Adopt a resolution approving 02, -03 and 2004-05. 2. Adopt a resolution approving 2004-05. Historic Resources Commission Application Nos. 2004- Historic Register Categorization Nos. 2004-02, -03, and Historic Resources Commission Minutes 3 May 6, 2004 Melanie McCann presented the staff report and addressed Commission questions. Melanie McCann presented the staff report and addressed Commission questions. Chairman Giles opened the public hearing No public comments made. Chairman Giles closed the public hearing. Commission discussion ensued regarding inclusion of tree descriptions. Motion to: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-02, -03 and 2004-05. 2. Adopt a resolution approving Historic Register Categorization Nos. 2004-02, -03, and 2004-05. 3. Receive F. B. Elliot House owner's letter addressed in February 2004 stating objection to listing on the Historical register (Exhibit 1). Staff indicated the owner was informed about May 2004 hearing and they did not respond. MOTION: Kings SECOND: Corpin AYES: Bustamante, Chinn, Corpin Gartner, Giles, Kings, Lutz, O'Callaghan, Schaefer (9) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) 2. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2004-31 THROUGH 2O04- 35 AND 2004-37 AND HISTORIC REGISTER CATEGORIZATION NOS. 2004-31 THROUGH 2O04-35 AND 2004-37 (Lynnette Perry) Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-31 through 2004-35 and 2004-37. 2. Adopt a resolution approving Historic Register Categorization Nos. 2004-31 through 2004-35 and 2004-37. ,T ADDRESS JV�i � .... E RECOMMENDED:::. CATEGORY 506 South Birch Street 31/31 Crane House Key 214 South Birch Street 32/32 McMath House Key 410 South Broadway33/33 Key, 424 South Broadway 34/34 Coselman House Key 314-318 South Broadway 35/35 Cook House Key 624 South Birch Street 37137 . 11R ..:_,:: Key Lynnette Perry presented staff report and addressed Commission questions_ Ms_ Perry noted that two properties structure names were duplicated. Recommendation was made to change name on existing houses for 410 South Broadway (Spencer House (2)) and 624 South Birch Street (A. Armstrong House). Commission discussion continued regarding exterior alterations and Mills Act_ Chairman Giles opened the public hearing. Public present: Gary Bittner spoke in support of resolution approval. Historic Resources Commission Minutes 4 May 6. 2004 Chairman Giles closed the public hearing. Chairman Giles closed the public hearing_ Commissioner Kings recommended that the presence of permitted exterior alterations to historic properties be included in the DPR form for consideration of classification prior to recordation. Motion to: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2004-31 through 2004-35 and 2004-37. 2. Adopt a resolution approving Historic Register Categorization Nos. 2004-31 through 2004-35 and 2004-37. 3. Accept staff recommendation to rename the Spencer House to Spencer House (2) and the Armstrong House to A. Armstrong House. MOTION: Bustamante SECOND: Lutz AYES: Bustamante, Chinn, Corpin Gartner, Gilles, Kings, Lutz, O'Callaghan, Schaefer (9) NOES: None (0) ABSENT: None (0) ABSTAIN: None (0) 3. Public Comments (items not on the agenda) None noted STAFF AND COMMISSION COMMENTS 1 4. Staff Comments Hally Soboleske noted that the first order for a Bronze Marker was placed, installation at the Waffle House scheduled for June 2004. She mentioned the forthcoming Work Study session for Commission Objectives. Also, the Preservation Plan was reviewed on April 27, 2004, will keep the Commission apprised of outreach effort. Ms. Soboleske commented on the link to DPR links to website; will create links on the register as they now exist. 5. Historic Resources Commission Comments Commissioner Chinn — • Inquired if any more templates are underway. Staff indicated there are items for the June agenda. • Requested update on Historic Rehab Loan Program's first applicant_ Staff indicated loan was approved and contractor selection was underway. • Inquired as to what historical mitigation will be presented at Planning Commission on May 10, 2004 for One Broadway. Staff indicated a draft development agreement will be presented to the Planning Commission then to the City Council on May 17, 2004. • Attended San Francisco Preservation Conference, noted that a 40' height limit for structures was established. • Announced that on May 13 the Orange County Historical Society Museum will review City of Orange's process for establishing preservation laws. Commissioner Bustamante left at 6:01 pm Commissioner Corpin Inquired about progress at First and Main for Original Mike's_ Staff provided an update. • Thanked Leslie Heumann for photographs and staff for the staff reports on historical properties. Historic Resources Commission Minutes 5 May 6, 2004 Commissioner Kings • Commented on Chinn's observation of San Francisco's building height limit and noted that owners may be allowed to sell air rights. • Commented on issues at Template Review. would like to see landscape and mature trees addressed within citywide design guidelines. • Thanked Lynnette Perry, and noted that she will be moving to Counter. • Thanked staff for Code Enforcement report, suggested that staff/resources verify that buildings are maintained. Vice Chairman Schaefer • Requested an opportunity to discuss the possibility of adding West Floral Park as a historically significant area at the next meeting. • Thanked staff for including the telephone log. • Mentioned that Floral Park Home Tour was a huge success; excellent way to highlight historic homes in Santa Ana. Commissioner O'Callaghan • Congratulated homeowners at Floral Park for a job well done. • Mentioned Walking Tour. Commissioner Lutz • Mentioned a news article related to the desirability of front porches in Mission Viejo. Commented that the City of Santa Ana's architecture continually recognizes the desirable attributes of front porches. • Noted that Walter Cha is interested in starting a new hostel business. • Noted that the Home Depot on Edinger was storing large equipment at the front of the building. Commissioner Gartner • Commented on Home Depot in Santa Ana looks better than most. • Commented that he is looking forward to working with senior planners at the Planning Counter. Planning Manager provided an overview of the new staff organizational change at the public counter designed to improve customer service, consistency of staff determinations and quality of information provided to the community. Chairman Giles - Requested adding Oral History program to our goals and objectives for next year. - Requested update on landscape at First & Main. - Would like to see historic documentation/DPR forms accessible on the website. - Inquired about Maharajah House roof; has contractor been selected. 6. Excuse of Absences 7. Adiournment By consensus (9:0) voted to adjourn at 6:26 p.m. Martha Ramirez Recording Secretary Historic Resources Commission Minutes 6 May 6, 2004 EXECUTIVE SUMMARY COSELMAN-MOTLEY HOUSE 424 South Broadway Santa Ana, CA 92701 NAME Coselman-Motley House REF. NO. ADDRESS 424 South Broadway CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S 1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an example of Craftsman styling (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial_ NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Coselman-Motley House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Tustin TCA 2555 Date: *c. Address 424 South Broadway City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number: 398-292-17; HENINGERS ADD BLOCK: A LOT: 4 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one and a half story Craftsman bungalow presents a symmetrical fagade to the street. A side gable roof, whose front (east) rake is longer than the rear, caps the dwelling and is accented by a centered, front -gabled dormer. Arrow -tipped bargeboards, exposed rafters, carved beams, and pendants topped by finials constitute the roof and dormer detailing. The dormer contains a large, tripartite window with a diamond -paned central transom, set below a lattice -work vent and a band of purlins. Narrow clapboard sheathes the house. Spanning the lower story fagade, the recessed porch is divided into three bays by tapered posts resting on art stone pedestals. A jig -sawn railing connects the pedestals and encloses the porch space. The entry, flanked by sidelights, occupies the narrower central bay, while large tripartite windows with elaborate leaded glass transoms are located in the side bays. A one-story, shed -roofed projection is recessed on the south elevation and contains a secondary entry. With the exception of a non -original but compatible picket fence that surrounds the property, the house appears unaltered from the street. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) East elevation March 2004 *P6. Date Constructed/Age and Sources: ■historic 1911/Source: Les, 1979. W. Owner and Address: Ruth L. Motley 424 South Broadway Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: March 22, 2004 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "200, 300, 400, 500 South Broadway." Historic Resources Inventory September 1979. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Coselman-Motley House B1. Historic Name: Coselman-Motley House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1911. October 22, 1926. Alterations. September 14, 1929. Alterations. October 21, 1943. Reroof. *137. Moved? ■No ❑Yes ❑Unknown Date: *138. Related Features: None. 139a. Architect: Unknown Original Location: :1! IM150I71WEIRM, 7►r1 *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Coselman-Motley House is architecturally significant as a fine example of Craftsman styling that retains a very high degree of integrity. According to previous research, it was constructed in 1911 and originally owned by Erastus and Mary Coselman, who came to Santa Ana from Kansas to retire. The second owner, Dr. E. G. Motley, had acquired the house by 1926, when he applied for a permit to make alterations with an estimated value of $200. A surgeon, Dr. Motley had an office in the Spurgeon Building. His son, a fire captain with the City of Santa Ana, inherited the house in 1975, and the family is still in residence today (2004). (See Continuation Sheet 3 of 3.) 1311. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: March 22, 2004 (This space reserved for official comments.) Sketch Map (D y { s 92 � QY 9t A ell rat I I Coselman House 424 South Broadway 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 3 Resource Name or # (Assigned by recorder) Coselman-Motley House *Recorded by Leslie J. Neumann, SAIC "Date March 22, 2004 0 Continuation ❑ Update *1310. Significance (continued): The Coselman-Motley House is located in Heninger Park, a residential neighborhood that developed south of the original city core, primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn Company. Most of the land was agricultural in use. The City utilized the southwest corner of West First and South Garnsey (then called Palm) for the municipal water works, and the City stables were located on the northwest corner of Palm and West Walnut. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty- four acres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs, and paved the streets on what had been a barley field. Later they bought additional tracts of ten and eighteen acres which they also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange County historian Samuel Armor described the Heninger tracts as "... the finest residence section of the city, built up with fine homes..., " adding, "Mr. [Martin] Heninger and his brother have erected 150 houses on the property" (Armor, p. 1777). The major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from West Walnut to West Camille between South Ross and South Parton Streets. The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition of gabled rooflines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees. Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the integrity of the Heninger Park neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to preserve its historic character, the second such SD in the City. (French Park was the first.) The Coselman-Motley House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a beautifully detailed and highly intact bungalow with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Key" because it `has a distinctive architectural style and quality" as an example of Craftsman styling. The roof detailing, porch treatment, and generous use of leaded glass are among the elements that make this home noteworthy. Character -defining exterior features of the Coselman-Motley House that should be preserved include, but may not be limited to: sheathing (clapboard) and materials (art stone); roof configuration and detailing; massing and symmetry; windows and doors; porch configuration and detailing; and architectural details (such as the bargeboards, finials and pendants, purlins, transoms, and porch supports). *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901-1935. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Personal Communication, Mrs. Ruth Motley to Lynette Perry, March 24, 2004. DPR 523L MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- MILLS ACT AGREEMENT 424 South Broadway Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 424 South Broadway Item Year Improvement 1 2024 Exterior paint; traditional Craftsman colors 2 2024 Repair all original windows to be fully functional as needed through the following: replace worn/broken window pull ropes, replace broken window panes, repair exterior wood rot, and weatherproof windows. 3 2024 New front yard landscaping and walkways in era -appropriate style 4 2024 Install rain gutters in appropriate style/material 5 2024 Install yard drainage to move rain away from foundation 6 2025 Repair siding 7 2026 Repair cracks in foundation 8 2026 Seismic retrofit of foundation, brace and bolt 9 2027 Update electrical systems throughout 10 2027 Update plumbing system throughout 11 2028 Reroof with synthetic cedar shakes in keeping with traditional Craftsman style 12 2032 Termite tenting as preventative maintenance 13 2033 Sister existing original foundation walls (with a new wall that is located on the interior of the building adjacent to the original exterior wall) to preserve the building's structural integrity. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, (hereinafter collectively referred to as "Owner"), owner of real property located at 825 North Lacy 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 825 North Lacy Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 2, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. -2- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-08) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 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 -3- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 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 1/2) 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. -4- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 825 North Lacy Street, Assessor Parcel Number, 398-042-01, 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: City Clerk's Office Owners: David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009 Attn: David Bush Smith 825 North Lacy Street Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the 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. -6- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 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- ATTEST: JENNIFER L. HALL City Clerk OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney i By:_ 'A- ON A Deputy City Attorney MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: DAVID BUSH SMITH Trustee of The David Bush Smith Living Trust dated July 15, 2009 RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS: LOTS 4, 5, 6 AND THE SOUTHEASTERLY 15.00 FEET OF LOT 3, IN BLOCK 74 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BLOCK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHEASTERLY 20.00 FEET OF SAID LOT 6. Assessor's Parcel Number: 398-042-16 EXECUTIVE SUMMARY Exhibit B DUGGAN HOUSE 825 North Lacy Street Santa Ana, CA 92701 NAME Duggan House REF. NO. ADDRESS 825 North Lacy Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1906 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: ❑ Not for Publication E Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front -facing gable roof, ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi -storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well -developed examples can be found in California and in the southern states (McAlester, 263-268). Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side -gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). crnlistori6templatesTacy N 825 ES (Duggan House) 6/20/02 SUMMARY/CONCLUSION: The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of several architectural styles popular in the first years of the twentieth century. Additionally, the house has been categorized as "Landmark" because it "has a unique architectural significance" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. crnlistori6templatesTacy N 825 ES (Duggan House) 6/20/02 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial_ NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Duggan House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 825 North Lacy Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number: 398-042-16 Santa Ana East Block: 74 Lots: 4,5,6-EX SELY 20ft of SAID Lot: 6-also Por Lot 3 (SELY 15 ft of SAID Lot: 3) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The most notable feature of this 1906 two-story house is the pentagonal turret with conical roof projecting from its upper southwest corner. The house exhibits box -like massing with a steeply pitched, pyramidal hipped roof. Narrow clapboard sheathes the walls and porch railings. Most windows are double -hung sash. The house shares characteristics of several styles: Queen Anne, Craftsman, and Colonial Revival. The turret with boxed and bracketed eaves and the second story bay window are suggestive of the Queen Anne style. Craftsman features include exposed rafter tails and a large tripartite window on the first floor, north of the entrance. The window has a fixed center pane and sidelights topped by a multipane transom. The front porch is recessed into the southwest corner of the building. Three columns with exaggerated entasis supporting the porch roof are Colonial Revival in style. Closely spaced brackets line the frieze separating the first and second floors. An oval window distinguishes a first floor cant bay on the south elevation. Another cant bay, with a squared bay above, is located on the north elevation. The house was moved to the site in 1987 from the southeast corner of Sycamore and Pine Streets and has been fully restored. The front door screen, pole lamp, and picket fence were added later. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) West and south elevations March 2002 *P6. Date Constructed/Age and Sources: ■historic 19061 Source: National Register nomination *P7. Owner and Address: Stephen and Cinda Norris 825 North Lacy Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: April 10, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "Historic Resources Inventory French Park District," September 1979. Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 1D *Resource Name or #: Duggan House B1. Historic Name: Duggan House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1906. January 21, 1988. Relocate single family dwelling. January 21, 1988. Two car garage. May 30, 1989. Extend kitchen, bathroom, install laundry room, remodel second floor bathroom, extend second floor deck June 1, 1989. Install air conditioning. March 19, 1992. Remodel second floor bathroom. *137. Moved? ❑No ■Yes ❑Unknown Date: September 1987 Original Location: 222 South Sycamore at Pine Streets *138. Related Features: B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Duggan House is a characteristic example of the eclecticism popular In the early years of the twentieth century, combining Queen Anne, Craftsman, and Colonial Revival stylistic elements. Although constructed elsewhere and moved to this site in 1987, the Duggan House is representative of the period, architecture, and historical associations that characterize French Park and thus is also important as a contributor to the French Park Historic District. According to previous research, William and Clara Duggan were the original owners. Mr. Duggan was in the insurance business and active in civic affairs. The Duggans lived in the house for decades; William Duggan passed away in 1930 and his widow, Clara, remained in the house until her death in 1947 (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Neumann (This space reserved for official comments.) *Date of Evaluation: April 10, 2002 Sketch Map d I s m _ Lilly y 8 r. 4 I� [al rDuggan House 825 North Lacy Street • .�4 , I 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 3 Resource Name or # (Assigned by recorder) Duggan House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC "Date April 10, 2002 ❑x Continuation ❑ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree -lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi -family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for demolition into French Park. The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the blending of architectural styles popular in the early years of the twentieth century. Additionally, the house has been categorized as "Landmark" for its unique architectural significance. Characteristic Queen Anne (Late Victorian) features include the five -sided turret and bay windows. Rafter tails and the tripartite window are Craftsman in design. The trio of porch columns suggest the Colonial Revival style. All original and restored exterior features of the Duggan House are character -defining and should be preserved, including: materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. DPR 523L MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 825 North Lacy Street Item Year Improvement 1 2024 Reroof main house and garage and repair eaves as needed, like -for -like 2 2024 Remove internal masonry fireplace and chimney due to structural safety concerns, and repair external wood chimney like -for -like 3 2024 Repair windows and exterior window framing on main house and garage, like -for - like 4 2024 Repair window screens throughout 5 2024 Repair termite damage as needed 6 2026 Repaint exterior 7 2027 Replace north side door with period -appropriate door and hardware 8 2028 Replace exterior lighting with period -appropriate lighting on main house and garage 9 2029 Replace plastic door screens with period -appropriate wood screens 10 2030 Replace gutters with compatible gutters (choosing appropriate color and material) 11 2031 Repair siding on main house and garage as needed, like -for -like 12 2032 Replace garage door with period -appropriate garage door Planning and Building Agency Item # e City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 15, 2024 — Special Meeting Topic: HPPA No. 2024-08 — The Duggan House (825 North Lacy Street) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, for the property located at 825 North Lacy Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY David Bush Smith is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 825 North Lacy Street that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Duggan House, consists of an existing two-story residence that reflects characteristics of the Queen Anne, Craftsman, and Colonial Revival styles, and is approximately 2,440 square feet in size on a 10,500-square-foot residential lot (Exhibit 2). The Duggan House was added to the Santa Ana Register of Historical Properties ("Register") in 2002, categorized as "Landmark." Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Landmark, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the HPPA No. 2024-08 — The Duggan House (825 North Lacy Street) July 15, 2024 Page 2 agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property Prior to historic listing, in 1989 the subject historic building was relocated to the existing parcel. That same year, a new two -car garage was permitted as well as a Site Plan Review for renovation and a rear addition to the subject property. The Site Plan Review project included extending the kitchen and bathroom, and adding a new laundry room at the building's rear, remodeling the second floor, and extending the second floor deck. It was noted during the 2024 site visit that all aforementioned items were implemented at the subject property. In 2002, the Historic Resources Commission placed the Duggan House on the Register and within the "Landmark" category for its distinguishing characteristics of the Queen Anne (Late Victorian), Craftsman and Colonial Revival styles. Character -defining exterior features of the Duggan House that should be preserved include, but may not be limited to: All original and restored exterior features of the Duggan House, including materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns. Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include reroofing, removing the internal masonry fireplace and chimney due to structural safety concerns and repairing the external wood chimney like - for -like, repairing all windows and framing throughout as needed, repairing window screens as needed, addressing termite damage, and repainting the exterior. During staff's site visit, the following were noted and added to the Mills Act Agreement work plan: replace the north side door with period -appropriate door and hardware, replace exterior lighting with period -appropriate lighting, replace plastic door screens with period - appropriate wood screens, replace gutters with compatible material and style, repair siding as needed and like -for -like, and replace the garage door with a period -appropriate door. Staff will ensure that the proposed work will be done sensitively and will maintain the property's character -defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, HPPA No. 2024-08 — The Duggan House (825 North Lacy Street) July 15, 2024 Page 3 but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-40, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,212.75 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500' Radius Map 3 - Site Photos — 825 North Lacy Street 4 - Action Minutes HRC (825 North Lacy Street) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009, (hereinafter collectively referred to as "Owner"), owner of real property located at 825 North Lacy 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 825 North Lacy Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 18, 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 nomenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. -2- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-08) staff report dated July 15, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. 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 -3- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 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 1/2) 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. -4- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 825 North Lacy Street, Assessor Parcel Number, 398-042-01, 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: City Clerk's Office Owners: David Bush Smith, Trustee of The David Bush Smith Living Trust dated July 15, 2009 Attn: David Bush Smith 825 North Lacy Street Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the 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. -6- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page followsl -7- ATTEST: JENNIFER L. HALL City Clerk OWNER Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: i� B DON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By: DAVID BUSH SMITH Trustee of The David Bush Smith Living Trust dated July 15, 2009 RECOMMENDED FOR APPROVAL: u IN6 . : Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 EXHIBIT A LEGAL DESCRIPTION THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS: LOTS 4, 5, 6 AND THE SOUTHEASTERLY 15.00 FEET OF LOT 3, IN BLOCK 74 OF THE TOWN OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BLOCK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING THEREFROM THE SOUTHEASTERLY 20.00 FEET OF SAID LOT 6. Assessor's Parcel Number: 398-042-16 -9- ff IN .. �.. �... . .. ^� \, . . � <:d �r .. � .. ^ � « . . z .� < , • =a« . ., . \ �> w _ < ACTION MINUTES OF TF E HISTORIC RESOURCES COMMISSION CITY HALL COUNCIL CRAM 3ERS 22 CIVIC CENTER PLAZ SANTA ANA, CALIFORNIA JUNE 6, 2002 CALLED TO ORDER: 4:40 P.M. ATTENDANCE: COMMISSIONER Present: Rose Anne Garcia Kings, Chair Paul Giles, Vice CFiairman Carlos Bustamant Philip Chinn, Rita Corpin Blair O'Callaghan Robert Richardso — 5:35 P.M. i COMMISSIONER Absent: James Gartner Phillip Schaefer STAFF PRESENT: Joseph Edwards, Principal Planner Kylee Odette, Dep ty City Attorney Laura Johnson, R t cording Secretary CONSENT CALENDAR Motion to approve staff recommendations on the follooving Consent Calendar items as amended and corrected. MOTION: Chinn SECOND: O'Callaghan AYES: Bustamante, Chinn, Corpin, Giles, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson (3) ABSTENTION: None (0) A_ MINUTES Approve minutes: RECOMMENDATION: Approve the minutes of the adjourned regular meetig of May 21, 2002. B. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the inutes. The May 21, 2002 Agenda for the Adjourned Regular Meeting was posted at the City Hall Council Chambers on May 16, 2002 at 9:40 a.m. C. CANCELLATION OF HISTORIC RESOURCES COMMISSION MEETING RECOMMENDATION: Cancel the Historic Resources Commission Meeting scheduled for July 4, 2002 due to the closure of City Hall on July 4, 2002. PROCEDURAL RULES 1. 2. * * * END OF CONSENT CALENDAR * * * PUBLIC HEARINGS ORDINANCE AMENDMENT NO. 2002-85 Filed by the City of Santa Ana to modify va Santa Ana Municipal Code pertaining to def the Historic Register, historic districts, approvals, and demolition policy. PUBLISHED IN THE REGISTER: May 24, RECOMMENDATION: sections of Chapter 30 of the s, removal of a structure from oric Resource Commission Recommend that the City Council adopt an ordinance approving Ordinance Amendment No. 2002-85. i Hally Cappieillo, Assistant Planner 11, provided the staff report and a brief review of the proposed changes. Discussion held regarding ;the determination of dangerous buildings and staff was requested to provide a revieew of the pertinent section of the health and safety code. Mr. Edwards provided an ugdate on standards and fees. Madam Chair Kings opened the public hearing. Jo Ann Ramirez, Santa Ana Historical Preservationj Society, requested copies of any additional changes. Madam Chair Kings noted that a letter- had been Santa Ana Historical Preservation Society in suppc Madam Chair Kings closed the public hearing. Motion to continue to August 1, 2002. MOTION: Giles AYES: NOES: ABSENT: ABSTENTION: HISTORIC RESOI HISTORIC REGIS' SE :ceived from Alison Young of the of the proposed amendment. ND: Chinn Bustamante, Chinn, Corpin, Gil s, None (0) Gartner, Schaefer, Richardson ( ) None (0) (Continued by the Historic Resources Commi Filed by the City of Santa Ana to place and categ 916 North French Street (Smith -Frank House) on Historical Properties. Kings, O'Callaghan, (6) (Irma Hernandez) May 2, 2002 to June 6, 2002) e the structure located at Santa Ana Register of Hi STORIC RESOURCES COMMISSION MINUTES May 2. 2002 PUBLISHED IN THE REGISTER: April 19, 2002 PUBLICLY NOTICED: April 19, 2902 RECOMMENDATION: Adopt a resolution approving Historic Resources Commission Application No. 2002-04. Adopt a resolution approving Historic Register ategorization No. 2002-53. Irma Hernandez, Assistant Planner, presented the s aff report and recommendation. Madam Chair Kings opened the public hearing. No written communications had been received and there were no speakers on the matter. Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic ll2esources Commission Application No. 2002-04. Motion to adopt a resolution approving Historic 1egister Categorization No. 2002-53. 1 I MOTION: Giles SECpND: Corpin AYES: Bustamante, Chinn, Corpin, Giles, Kings, O'Callaghan, (6) NOES: None (0) j ABSENT: Gartner, Schaefer, Richardson (�) ABSTENTION: None (0) 3. HISTORIC RESOURCES COMMISSION APPLICA ION NO. 2002-24 AND HISTORIC REGISTER CATEGORIZATION NO. 20 2-74 Filed by the City of Santa Ana to place and categorize the structure located at 825 North Lacy Street (Duggan House) as Landmjark on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: May 24, 20 2 PUBLICLY NOTICED: May 23, 20 2 RECOMMENDATION: Adopt a resolution approving Historic Resources Commission Application No. 2002-24. Adopt a resolution approving Historic Register Categorization No. 2002-74. Lynnette Perry, Associate Planner, presented the staff report and recommendation. Madam Chair Kings opened the public hearing. No written communications had been received an there were no speakers on the matter. Madam Chair Kings closed the public hearing. 16107►1►1F 11-1W14■►I1041 RECOMMENDATION: Motion to adopt a resolution approving Historic Resources Commission Application No. 2002-24. Motion to adopt a resolution approving Historic Register Categorization No. 2002-74. MOTION: Giles SECOND: Chinn AYES: Bustamante, Chinn, Corpin, Giles, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson {�3) ABSTENTION: None (0) 4. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2002-31 AND HISTORIC REGISTER CATEGORIZATION NO. 2092-81 Filed by the City of Santa Ana to place and cate rize the structure located at 1322 North Sycamore Street (Fire Station Headquarters No. 1) as Landmark on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: May 24, 2002 PUBLICLYNOTICED: May 23, 20 2 RECOMMENDATION: Adopt a resolution approving Historic Resource4 Commission Application No. 2002-31. Adopt a resolution approving Historic Register GflIategorization No. 2002-81. Lynnette Perry, Associate Planner, presented the stiff report and recommendation. Madam Chair Kings opened the public hearing. No written communications had been received and there were no speakers on the matter. Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic Resources Commission Application No. 2002-31. Motion to adopt a resolution approving Historic Register Categorization No. 2002-81. MOTION: Giles AYES: NOES: ABSENT: ABSTENTION: 5. AND 29; AND 79 SECOND: Bustamante Bustamante, Chinn, Corpin, Gibs, Kings, O'Callaghan, (6) None (0) Gartner, Schaefer, Richardson (i) None (0) HISTORIC RESOURCES COMMISSION MINUTES 4 May 2. 2002 I L Filed by the City of Santa Ana to place and cafe orize various structures on the Santa Ana Register of Historical Properties. PUBLISHED 1N THE REGISTER: May 24, 2002 PUBLICLY NOTICED. May 23, 20 2 818-820 North Minter Street 70 Davies Du lex Key 802 North Lacy Street 72 Langley H use Key 901-903 North Lacy Street 75 El SolanoApartments Key 902-904 North Lacy Street 76 Sanborn Apartments No. 1 Key 926-928 North Lacy Street 79 Terry Stepoenson House I Ke I RECOMMENDATION: Adopt a resolution approving Historic Resource Commission Application Nos. 2002-20, 22, 25, 26, and 29. Adopt a resolution approving Historic Register Categorization Nos. 2002-70, 72, 75, 76, and 79. Lynnette Perry, Associate Planner, presented the stuff report and recommendation. Madam Chair Kings opened the public hearing. No written communications had been received an there were no speakers on the matter. Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic Application Nos_ 2002-20, 22, 25, 26, and 29. Motion to adopt a resolution approving Historic !� 2002-70, 72, 75, 76, and 79. MOTION: Giles AYES: Bustamante, Chinn, Corpin, Gil NOES: None (0) ABSENT: Gartner, Schaefer, Richardson ABSTENTION: None (0) MISSION APPLICAI Commission ter Categorization Nos. SECOND: Corpin , Kings, O'Callaghan, (6) 02-16 THROUGH Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER May 24, 20 2 PUBLICLY NOTICED: May 23, 20 2 7. E [I El� .�tMn *. _.[�VTr#ZG0C01 Y . . w 806 North Minter Street 66 Hutchir gs House Contributive 813 North Minter Street 67 Kittle H use Contributive 814 North Minter Street 68 Davies House Contributive 815 North Minter Street 69 Grim House Contributive 824 North Minter Street 71 Ha nes House Contributive 812 North Lacy Street 73 Warne House Contributive 914 and 914 % North Lacy Street 77 Dierker Houses Contributive 919 North Lacy Street 78 Straub ouse Contributive 806 North Lacy Street 80 Harvey House I Contributive RECOMMENDATION: Adopt a resolution approving Historic Resource Commission Application Nos. 2002-16 through 19, 2002-21, 23, 27, 28 and 30. Adopt a resolution approving Historic Register Giategorization Nos. 2002-66 through 69, 2002-71, 73, 77, 78 and 80. Lynnette Perry, Associate Planner, presented the staff report and recommendation. Madam Chair Kings opened the public hearing. No written communications had been received and there were no speakers on the matter. Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic esources Commission Application Nos. 2002-16 through 19, 2002-21, 2 27, 26 and 30. Motion to adopt a resolution approving Historic 1i egister Categorization Nos. 2002-66 through 69, 2002-71, 73, 77, 78 and 80. MOTION: Giles SECOND: Chinn AYES: Bustamante, Chinn, Corpin, Giles, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson { ) ABSTENTION: None (0) Filed by the City of Santa Ana to categorize as L ndmark the structure located 1016 North Logan Street on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: May 24, 20 2 PUBLICLY NOTICED: May 23, 2092 RECOMMENDATION: Adopt a resolution approving Historic Register C tegorization No. 2002-40. Lynnette Perry, Associate Planner, presented the staff report and recommendation. Madam Chair Kings opened the public hearing_ No written communications had been received anq there were no speakers on the matter. IMP11161 ter.: May 2, 8. V31 Madam Chair Kings closed the public hearing. RECOMMENDATION. Motion to adopt a resolution approving Historic Register Categorization No. 2002-40. MOTION: Giles SECOND: Corpin AYES: Bustamante, Chinn, Corpin, Giles, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson 3} ABSTENTION: None (0) Filed by the City of Santa Ana to categorize as i and 916 East Stafford Street and 926 North Log Register of Historical Properties. PUBLISHED 1N THE REGISTER: May 24, 2 PUBLICLY NOTICED: May 23, 2 RECOMMENDATION: Adopt a resolution approving Historic Register E_ynnette Perry, Associate Planner, presented the Madam Chair Kings opened the public hearing. r the structure located at 914 Street on the Santa Ana No. 2002-43. report and recommendation. No written communications had been received anO there were no speakers on the matter. Madam Chair Kings closed the public hearing. RECOMMENDATION. - Motion to adopt a resolution approving Historic Register Categorization No. 2002-43. MOTION: Giles AYES: Bustamante, Chinn, Corpin, Gil NOES: None (0) ABSENT: Gartner, Schaefer, Richardson ABSTENTION: None (0) Filed by the City of Santa Ana to categorize v: Register of Historical Properties. PUBLISHED IN THE REGISTER: May 24, PUBLICLY NOTICED: May 23, SECOND: O'Callaghan , Kings, O'Callaghan, (6) structures on the Santa Ana tea: =lll 3 33 „All 3 i N�� 1033 North Custer Street 38 Oscar Smit House Contributive3i3 1023 North Custer Street 39 Eckman Ho se Contributive 903 East Stafford Street 41 Perry Hous Contributive 904 & 904 % E. Stafford Street 42 Franke Hou a Contributive 912 East Stafford Street 45 Cummings Oouse Contributive HISTORIC RESOURCES COMMISSION MINUTES 7 May 2, 2002 RECOMMENDATION: Adopt a resolution approving Historic Register ategorization Nos. 2002-38, 39, 41, 42, and 45. Lynnette Perry, Associate Planner, presented the st4iff report and recommendation. I Madam Chair Kings opened the public hearing. No written communications had been received an there were no speakers on the matter. Madam Chair Kings closed the public hearing. RECOMMENDATION: Motion to adopt a resolution approving Historic 0egister Categorization Nos. 2002-38, 39, 41, 42, and 45. MOTION: Giles SECOND: Bustamante AYES: Bustamante, Chinn, Corpin, Giles, Kings, O'Callaghan, (6) NOES: None (0) ABSENT: Gartner, Schaefer, Richardson ($i) ABSTENTION: None (0) 10. HISTORIC RESOURCE DEMOLITION NO. 2001-Oil, 2001-02 AND 2001-03 (Continued by the Historic Resources Commission April 4, 2002 to June 6, 2002.) Filed by the City of Santa Ana to discuss the note a of intent to demolish three structures located at 1007-1009, 1015 and 1109 rth Broadway and listed on the Santa Ana Register of Historical Properties a part of the One Broadway Plaza high-rise office project. PUBLISHED IN THE REGISTER: December 1, 2001 PUBLICLY NOTICED: December 1, 2001 RECOMMENDATION: Continue indefinitely. Joseph Edwards, Principal Planner, presented the st�ff report and recommendation. Discussion held regarding time between application and release of EIR to the public, recommendations for relocation, and the relocation f asibility study. Commissioner Bustamante left the meeting at 5:33 p m. RECOMMENDATION: Motion to continue indefinitely. MOTION: Giles SECOND: Chinn AYES: Chinn, Corpin, Giles, Kings, O'C� llaghan, (5) NOES: None (0) ABSENT: Bustamante, Gartner, Schaefer, Richardson (4) ABSTENTION: None (0) Commissioner Bustamante returned to the meeting at 5:35 p.m. Commissioner Richardson joined the meeting at 5:3,� p.m. HISTORIC RESOURCES COMMISSION MINUTES 8 May 2. 2002 PUBLIC COMMENTS 11. Public Comments (items not on the agenda) Madam Chair Kings noted that she had received a lett r from Catherine Cate regarding the proposed Historic French Park Traffic Plan. Mr. Ed rds advised that the Environmental Transportation Advisory Committee (ETAC) was the reviewing body for traffic plans and that any traffic related issues should be forwarded to them. i A letter had also been received from Jeff Dickman, Vice resident Historic French Park Board of Directors, expressing concern that the issue had n t been placed on the June 6, 2002 Historic Resources Commission Agenda. Catherine Cate, French Park resident, expressed concer regarding the impact of the traffic on the neighborhood and requested that the Historic Res urce Commission review the issue since French Park is a Historic District. Barry Jensen, French Park resident, requested that the Historic Resource Commission review the issue as it impacts a historic resource. Madam Chair Kings asked if the traffic count could chang the use to Commercial which would require review by the Commission. Kylee Odette, Dep ty City Attorney, advised that if the issues were aesthetic the Commission could review the . As ETAC is the reviewing body for traffic issues, the Commissioners and the public shouldjattend the meeting and address the issues_ Madam Chair Kings asked if protecting the resigential use would be an issue for the Commission's review and Mr. Edwards responded that i�t was an ETAC issue and should be brought before them. 12. Comments from Staff Mr_ Edwards • Noted that the next Template Review Committee meeting would be held on Friday, June 14 at 4:30 p.m. • Advised that draft language for the Historic Plaques had been received and would be distributed to the Commission for comment. 13. Comments from Historic Resources Commissio� Commissioner Giles Asked if it would be appropriate for the Commission to prepare a letter to ETAC regarding the proposed French Park Traffic Plan. Ms. Odette responded that it would be better to attend the meeting. • Asked why it was appropriate for the Commission to review the traffic impact that would be created by the proposed One Broadway Plaza project. Mr. Edwards responded that it was appropriate as certain pr posed traffic mitigations involved the potential removal of historic structures. Commissioner Chinn • Noted that Washington Square, Floral Park, and Wilshire Square all have closed off areas to traffic for quality of life issues. Commissioner Richardson • Noted that it appears that there is a differ nce of opinion regarding what destruction of property is and that it could be ither loss of property or loss of quality of life. He recommended that the Commi Sion forward a letter of support to ETAC. Mr. Edwards advised that he would co' suit with Counsel regarding the possibility of placing the item on the agend but that the public should be encouraged to work with ETAC. Commissioner Bustamante • Recommended that the Commission forward a levier of support to ETAC. 1 HISTORIC RESOURCES COMMISSION MINUTES 9 Mav 2. 2002 Madam Chair Kings Asked when ETAC was scheduled to meet. Mr Commissioner Chinn • Requested update on Award Program. Mr. E approved by Council and that nominations fora given next year. • Requested update on the Phillips Block Ad Hoc should be on the August agenda. • Thanked staff for getting the William Spurgeon r will forward the dates. (wards advised that it had been s are available for awards to be ittee. He was advised that it rker cleaned. Commissioner Corpin Requested clarification of the dates for the T mplate Review Committee. Mr. Edwards advised that the next meeting was sch duled for June 14, 2002 and that there would not be a meeting in July. j Commissioner Giles • Requested that staff review the structure at 12�5 N. French for inclusion on the Historic Register. • Requested an update on having the Historic Register available online. Mr. Edwards advised that it would require at least nother month to explore ways to make it more interactive. Commissioner O'Callaghan • Noted that he was pleased that the Urban Design Studio would be providing consultant services. • Noted that the Floral Park neighborhood had benefited from a traffic plan. Commissioner Richardson Noted that the Public Works Agency was paintirhg the replacement historic street lights. • Noted the importance of a review to determine what the Commission should review. Madam Chair Kings • Provided a brief report on the workshop that was held in Sonoma and encourage the Commissioners to attend next year. Noted that she had met with Ms. Nelson, Mr. Reekstin, and Mr. Lamb regarding the Downtown and requested to be advised of projects in the area. • Asked staff to investigate grant funds available from the State for Certified Local Governments. 14. Excuse of Absences Motion by Commissioner Sustamante and seconded by Commissioner Giles to excuse the absence of Commissioner's Gartner and Schaef r, and approved unanimously by a vote of 7:0. i 15. Adjournment -- 6:30 p.m. i May 2, 2002 EXECUTIVE SUMMARY DUGGAN HOUSE 825 North Lacy Street Santa Ana, CA 92701 NAME Duggan House REF. NO. ADDRESS 825 North Lacy Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1906 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: ❑ Not for Publication E Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last twenty years of the nineteenth century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front -facing gable roof, ornate decoration of wood or metal along the eave and in the gable end; avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal; and classical columns or pilasters. Multi -storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well -developed examples can be found in California and in the southern states (McAlester, 263-268). Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side -gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320-326). crnlistori6templatesTacy N 825 ES (Duggan House) 6/20/02 SUMMARY/CONCLUSION: The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as representative of the distinguishing characteristics of several architectural styles popular in the first years of the twentieth century. Additionally, the house has been categorized as "Landmark" because it "has a unique architectural significance" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. crnlistori6templatesTacy N 825 ES (Duggan House) 6/20/02 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial_ NRHP Status Reviewer Page 1 of 3 Resource name(s) or number (assigned by recorder) Duggan House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 825 North Lacy Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number: 398-042-16 Santa Ana East Block: 74 Lots: 4,5,6-EX SELY 20ft of SAID Lot: 6-also Por Lot 3 (SELY 15 ft of SAID Lot: 3) *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The most notable feature of this 1906 two-story house is the pentagonal turret with conical roof projecting from its upper southwest corner. The house exhibits box -like massing with a steeply pitched, pyramidal hipped roof. Narrow clapboard sheathes the walls and porch railings. Most windows are double -hung sash. The house shares characteristics of several styles: Queen Anne, Craftsman, and Colonial Revival. The turret with boxed and bracketed eaves and the second story bay window are suggestive of the Queen Anne style. Craftsman features include exposed rafter tails and a large tripartite window on the first floor, north of the entrance. The window has a fixed center pane and sidelights topped by a multipane transom. The front porch is recessed into the southwest corner of the building. Three columns with exaggerated entasis supporting the porch roof are Colonial Revival in style. Closely spaced brackets line the frieze separating the first and second floors. An oval window distinguishes a first floor cant bay on the south elevation. Another cant bay, with a squared bay above, is located on the north elevation. The house was moved to the site in 1987 from the southeast corner of Sycamore and Pine Streets and has been fully restored. The front door screen, pole lamp, and picket fence were added later. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5b. Photo: (view and date) West and south elevations March 2002 *P6. Date Constructed/Age and Sources: ■historic 19061 Source: National Register nomination *P7. Owner and Address: Stephen and Cinda Norris 825 North Lacy Street Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: April 10, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "Historic Resources Inventory French Park District," September 1979. Marsh, Diann. "French Park Historic District." National Register Nomination Form, February 1998. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 1D *Resource Name or #: Duggan House B1. Historic Name: Duggan House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Mixed: Queen Anne (Late Victorian), Bungalow/Craftsman, Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1906. January 21, 1988. Relocate single family dwelling. January 21, 1988. Two car garage. May 30, 1989. Extend kitchen, bathroom, install laundry room, remodel second floor bathroom, extend second floor deck June 1, 1989. Install air conditioning. March 19, 1992. Remodel second floor bathroom. *137. Moved? ❑No ■Yes ❑Unknown Date: September 1987 Original Location: 222 South Sycamore at Pine Streets *138. Related Features: B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Duggan House is a characteristic example of the eclecticism popular In the early years of the twentieth century, combining Queen Anne, Craftsman, and Colonial Revival stylistic elements. Although constructed elsewhere and moved to this site in 1987, the Duggan House is representative of the period, architecture, and historical associations that characterize French Park and thus is also important as a contributor to the French Park Historic District. According to previous research, William and Clara Duggan were the original owners. Mr. Duggan was in the insurance business and active in civic affairs. The Duggans lived in the house for decades; William Duggan passed away in 1930 and his widow, Clara, remained in the house until her death in 1947 (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie J. Neumann (This space reserved for official comments.) *Date of Evaluation: April 10, 2002 Sketch Map d I s m _ Lilly y 8 r. 4 I� [al rDuggan House 825 North Lacy Street • .�4 , I 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 3 Resource Name or # (Assigned by recorder) Duggan House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC "Date April 10, 2002 ❑x Continuation ❑ Update *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of "Santa Ana East" never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree -lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi -family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. One of the activities undertaken in support of the historic district has been the relocation of several historic homes slated for demolition into French Park. The Duggan House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the blending of architectural styles popular in the early years of the twentieth century. Additionally, the house has been categorized as "Landmark" for its unique architectural significance. Characteristic Queen Anne (Late Victorian) features include the five -sided turret and bay windows. Rafter tails and the tripartite window are Craftsman in design. The trio of porch columns suggest the Colonial Revival style. All original and restored exterior features of the Duggan House are character -defining and should be preserved, including: materials (wood) and finishes (siding); roof configuration and detailing; turret; bay and other windows (including surrounds); front door; porch details; and architectural details such as brackets, rafter tails, and columns. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. DPR 523L MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -1- MILLS ACT AGREEMENT 825 North Lacy Street Santa Ana, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 825 North Lacy Street Item Year Improvement 1 2024 Reroof main house and garage and repair eaves as needed, like -for -like 2 2024 Remove internal masonry fireplace and chimney due to structural safety concerns, and repair external wood chimney like -for -like 3 2024 Repair windows and exterior window framing on main house and garage, like -for - like 4 2024 Repair window screens throughout 5 2024 Repair termite damage as needed 6 2026 Repaint exterior 7 2027 Replace north side door with period -appropriate door and hardware 8 2028 Replace exterior lighting with period -appropriate lighting on main house and garage 9 2029 Replace plastic door screens with period -appropriate wood screens 10 2030 Replace gutters with compatible gutters (choosing appropriate color and material) 11 2031 Repair siding on main house and garage as needed, like -for -like 12 2032 Replace garage door with period -appropriate garage door