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Home My WebLink AboutItem 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 15, 2024 TOPIC: Historic Property Preservation Agreements AGENDA TITLE Historic Property Preservation Agreements for the Properties Located at 214-218 W. 4th Street, 2539 N. French Street, 1113 W. Riviera Street, 2312 N. Spurgeon Street, and 1106 S. Parton 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, 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. 2024-67, ER-2024-68, ER-2024-69, ER-2024-70, and ER-2024-71] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Historic Property Property Owner(s) Preservation Address/House Vote by HRC Agree ent No. Liennette Chung, Wild 6:0:0:3 (Commissioners Orchid Investments, 2022-20 214-218 W. 4th Street Escamilla, Rincon, and LLC Murashie absent Frangois-Xavier and 7:0:0:2 (Commissioners Roxana Fyad 2024-09 2539 N. French Street Rincon and Murashie absent) Charles A. and Molly H. 6:0:0:3 (Commissioners Martin 2024-10 1113 W. Riviera Drive Escamilla, Rincon, and Murashie absent) Carter and Chelsea 2312 N. Spurgeon 7:0:0:2 (Commissioners Sapp2024-11 Street Rincon and Murashie absent 6:0:0:3 (Commissioners Jennifer Schutza 2024-12 1106 S. Parton Street Escamilla, Rincon, and Murashie absent GOVERNMENT CODE 484308 APPLIES: Yes Historic Property Preservation Agreements October 15, 2024 Page 2 DISCUSSION On September 5, 2024, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1, above, with the identified property owners for historic structure(s) in the City, subject to non -substantive changes approved by the City Manager and City Attorney. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: • ER No. 2024-67 (2539 N. French Street) • ER No. 2024-68 (2312 N. Spurgeon Street) • ER No. 2024-69 (1113 W. Riviera Drive) • ER No. 2024-70 (1106 S. Parton Street) • ER No. 2024-71 (214-218 W. 4th Street) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $6,742.82 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2022-20 214-218 W. 4th Street $3,121.97 1-2 2024-09 2539 N. French Street $634.45 3-4 2024-10 1113 W. Riviera Drive $1,103.98 5-6 2024-11 2312 N. Spurgeon Street $1,474.94 7-8 2024-12 1106 S. Parton Street $407.48 9-10 Total for All Properties: $6,742.82 EXHIBIT(S) 1. Mills Act Agreement — 214-218 W. 4th Street 2. HRC Staff Report — 214-218 W. 4th Street 3. Mills Act Agreement — 2539 N. French Street 4. HRC Staff Report — 2539 N. French Street 5. Mills Act Agreement — 1113 W. Riviera Drive 6. HRC Staff Report — 1113 W. Riviera Drive 7. Mills Act Agreement — 2312 N. Spurgeon Street 8. HRC Staff Report — 2312 N. Spurgeon Street 9. Mills Act Agreement — 1106 S. Parton Street 10. HRC Staff Report — 1106 S. Parton Street Historic Property Preservation Agreements October 15, 2024 Page 3 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 Wild Orchid investments, LLC, a California limited liability company, (hereinafter collectively referred to as "Owner"), owner of real property located at 214-218 West Fourth 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 214-218 West Fourth 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 214-218 W. Fourth 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 16, 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 214-218 W. Fourth 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. 2022-20) staff report dated September 5, 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 214-218 W. Fourth 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 214-218 W. Fourth Street Santa Ana, CA 92701 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 214-218 West Fourth Street, Assessor Parcel Number, 398-264-16, 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) and is located in the Downtown Santa Ana National Register District. 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: Wild Orchid Investments, LLC Liennette Chung 214-218 West Fourth Street Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 214-218 W. Fourth 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. 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 214-218 W. Fourth Street 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: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: B ON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 214-218 W. Fourth Street Santa Ana, CA 92701 CITY OF SANTA ANA ALVARO NUNEZ City Manager WILD ORCHID INVESTMENTS, LLC LIENNETTE CHUNG RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- EXHIBIT A LEGAL DESCRIPTION PARCELI: MILLS ACT AGREEMENT 214-218 W. Fourth Street Santa Ana, CA 92701 THOSE PORTIONS OF LOTS 7 AND 10 IN BLOCK 12 OF THE TOWN OF SANTA ANA, CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 10 FEET AND 8 INCHES WEST OF THE NORTHEAST CORNER OF SAID LOT 10; THENCE WEST 51 FEET AND 4 INCHES; THENCE SOUTH 100 FEET; THENCE EAST 51 FEET AND 4 INCHES; THENCE NORTH 100 FEET TO THE POINT OF BEGINNING. PARCEL 2: A RIGHT OF ENTRY AND RIGHT OF WAY OVER 4 FEET FRONTING ON FOURTH STREET AND ADJOINING PARCEL 1 ABOVE DESCRIBED ON THE EAST, FOR A STAIRWAY FOR THE JOINT USE OF THE BUILDING ON THE EAST AND ON THE WEST OF SAID STAIRWAY, AS CONVEYED BY DEED FROM W.H. SPURGEON TO FRANK RIVERIN, RECORDED IN BOOK 138, PAGE 346 OF DEEDS OF LOS ANGELES COUNTY. Assessor's Parcel Number: 398-264-16 -9- Exhibit B NAME The Elwood REF. NO. 152 ADDRESS 214-218 West Fourth Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1886/1933 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT Downtown Santa Ana NEIGHBORHOOD N/A NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE FID Location: ❑ Not for Publication ® Unrestricted USGS 7.5" Quad Date: T R '/4 of '/4 of Sec B.M. ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Art Deco DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Art Deco style is characterized by smooth wall surfaces, often of stucco; zig zags, chevrons, fluting, reeding, and other low -relief stylized and geometric motifs as decorative elements on the fagade; accents of terra cotta, glass, or metal; polychromy; rectangular or compound forms; and a more vertical emphasis than its close stylistic relative, Streamline Modeme. Art Deco was essentially a style of decoration, and was applied to jewelry, clothing, furniture, and handicrafts as well as architecture. In style between 1920 and 1940, Art Deco was popularized by the Exposition des Arts Decoratifs held in Paris in 1925. It was most commonly utilized on commercial or public buildings. Page 1 of 4 cmNstori6templatesTourth 214 W (The Elwood) 7/23/01 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) 214: May 10, 1921. Skylights. August 1922. Alter business room. September 10, 1925. Alterations. July 19,1926. Reinforce floors. April 3, 1928. Alterations. April 6, 1933. Repair business building. July 13, 1939. Repairs to store building. November 4, 1946. Remodel window space. January 28, 1957. Alteration to store building. May 26, 1983. Partitions. June 20, 1984. Structural rehab. 218: 214-216-218: April 6, 1933. Repair business building. August 7, 1933. Alterations. June 8, 1939. Relocate stairway. February 3, 1944. Alterations. November 1, 1950. Repair fire damage. September 17, 1958. Remodel Interior store building. September 7, 1962. Interior and exterior alterations. June 20, 1984. Structural rehab. March 25, 1988. Metal and glass storefront for display. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None : (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) Historic photographs indicate that The Elwood (also known as the Spurgeon Annex) has undergone several transformations since its 19th century construction, although its basic building fabric and proportions remain intact. The present appearance of the upper story dates to 1933, when repairs were made following the Long Beach Earthquake. The lower story storefronts have been remodeled more recently. Two stories tall with a flat roof, the building is of brick construction and is faced with stucco. Pilasters with stepped caps divide the upper story into five bays, each containing a single, double -hung sash window. A corbel course edges the plain parapet. Below a belt course, the street level contains three storefronts, all altered, and the entry to the upper story. HISTORIC HIGHLIGHTS: This building was constructed during the 1886-1888 boom and remodeled in the aftermath of the Long Beach Earthquake. Formerly used as a lodging house, the upper story was known as The Elwood from 1904 until 1929. A doorway led directly into the Spurgeon Building next door until 1929. Street level tenants included a confectionary and a bakery. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP 6) 1-3 story Commercial Building Page 2 of 4 cmNstori6templatesTourth 214 W (The Elwood) 7/23/01 RESOURCES PRESENT: ® Building ❑ Structure ❑ Object MOVED? ® No ❑ Yes ❑ Unknown ❑ Site ❑ District ® Element of District Date: Original Location: ❑ Other STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s saw the construction of many new business blocks or remodels along Fourth and adjacent streets, and by the 1920s Santa Ana's downtown had expanded in all directions to include both commercial and civic development. In 1933, the repair and rebuilding following the Long Beach Earthquake added to the number of downtown buildings displaying the fashionable Art Deco style. The Elwood is significant as an example of the rebuilding of Fourth Street, which took place in the wake of the earthquake. The Victorian era construction is still apparent in the utilitarian southern elevation. Character -defining exterior features of the property, which should be preserved, include but may not be limited to: original and 1933 exterior finishes; bay divisions, including pilasters; original and 1933 fenestration; and parapet. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and has been categorized as "Contributive" for its contribution to "the overall character and history" of downtown Santa Ana and as a "good example of period architecture" that "has not been substantially altered" (Municipal Code, Section 30-2.2(2)). OWNER AND ADDRESS: Page 3 of 4 cmNstori6templatesTourth 214 W (The Elwood) 7/23/01 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 3, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. "Santa Ana Historic Survey, Final Resources Inventory: Downtown." May 1980. Thomas, Harold M. "Downtown Santa Ana Historic District" National Register nomination form, 1984. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. 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 Department of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: July 3, 2001 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) 11): Contributor to a listed district. Page 4 of 4 cmNstori6templatesTourth 214 W (The Elwood) 7/23/01 MILLS ACT AGREEMENT 214-218 West Fourth 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, and such design is compatible with -1- MILLS ACT AGREEMENT 214-218 West Fourth 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") 214-218 West Fourth Street Item Year Improvement 1 Ongoing Continued repair and repainting of the building and character -defining features 2 2026 Replacement of any non -compatible hardware and/or fixtures 3 Ongoing General maintenance and upkeep of rooftop mechanical equipment 4 2029 Replacement and/or repair of storefront glazing as needed 5 2030 Restore rooftop flagpole that was originally installed on the rooftop of The Elwood Building Planning and Building Agency Item # d City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 5, 2024 Topic: HPPA No. 2022-20— The Elwood (214-218 West 41h 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 Liennette Chung, with Wild Orchid Investments, LLC, for the property located at 214-218 West Fourth Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Liennette Chung is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing commercial building located at 214-218 W. Fourth Street that is currently listed on the National Register of Historic Places, California Register of Historical Resources, and Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Elwood, consists of an existing two-story Art Deco -style commercial building that is approximately 9,100 square feet in size on a 5,200-square-foot commercial lot on the south side West Fourth Street (Exhibit 2). The Elwood was listed on the National Register of Historic Places as a contributing property to the Downtown Historic District and was later automatically added to the California Register of Historical Resources, pursuant to State regulations. The Elwood was added to the Santa Ana Register of Historical Properties ("Register") in 2001, categorized as "Contributive." Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Contributive, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in HPPA No. 2022-20 — The Elwood (214-218 West Fourth Street) September 5, 2024 Page 2 exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property The Elwood was listed on the National Register of Historic Places as a contributing property of the Downtown Historic District and was later automatically added to the California Register of Historical Resources, pursuant to State regulations. In 2001, the Historic Resources Commission placed the Elwood on the Santa Ana Register of Historic Properties and within the "Contributive" category as an example of the rebuilding of Fourth Street in the wake of the Long Beach Earthquake of 1933. Character -defining exterior features of the Elwood that should be preserved include, but may not be limited to: exterior finishes dating from the building's original construction in 1886 through the post - earthquake alterations completed in 1933; bay divisions, including pilasters; original and 1933 fenestration; and parapet. In the time since the property was listed on the Register in 2001, the property has been subject to several alterations, though most of the changes were limited to the installation of mechanical and electrical improvements and reorganization of the interiors of the commercial units. Exterior changes have generally maintained the historic character of the building and included the periodic replacement and eventual removal of all wall - mounted commercial signs, replacement in -kind of the brick veneer cladding along the lower portion of the primary (north) fagade, and replacement and reconfiguration of storefront doors, replacement of window panes on the ground level of the primary fagade, and removal of brick ground surfacing leading to recessed doorways. More recently, the property has undergone fagade improvements, which include removal of up -lighting fixtures, repair to the display windows, stucco and storefront window repair; painting of the building fagade, storefront window, and storefront bulkhead; and general up keeping and maintenance of the entrance paving. These improvements can be referenced as part of the site photos provided in Exhibit 3. As part of the future improvements (Work Plan), staff is proposing the following: continued repair and repainting of the building, replacement of any non -compatible hardware and/or fixtures, general maintenance and upkeep of rooftop mechanical equipment, replacement of storefront glazing (as needed), and upkeep of the rear fagade, adjacent to the alley . 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. HPPA No. 2022-20 — The Elwood (214-218 West Fourth Street) September 5, 2024 Page 3 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, 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. 2024-71, 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 $3,121.97 annually, for a period of not less than ten years. EXHIBIT(S) 1. Mills Act Agreement 2. Vicinity Map - 214-218 W. Fourth Street 3. Site Photos — 214-218 W. Fourth Street 4. Action Minutes HRC (214-218 W. Fourth Street) Submitted By: James Williams, Contract 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 Wild Orchid investments, LLC, a California limited liability company, (hereinafter collectively referred to as "Owner"), owner of real property located at 214-218 West Fourth 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 214-218 West Fourth 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 214-218 W. Fourth Street Santa Ana, CA 92701 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 20, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of 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 214-218 W. Fourth 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. 2022-20) staff report dated September 5, 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 214-218 W. Fourth 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 214-218 W. Fourth Street Santa Ana, CA 92701 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 214-218 West Fourth Street, Assessor Parcel Number, 398-264-16, 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) and is located in the Downtown Santa Ana National Register District. 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: Wild Orchid Investments, LLC Liennette Chung 214-218 West Fourth Street Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 214-218 W. Fourth 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. 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 214-218 W. Fourth Street 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: APPROVED AS TO FORM: SONIA CARVALHO City Attorney Deputy City Attorney MILLS ACT AGREEMENT 214-218 W. Fourth Street Santa Ana, CA 92701 CITY OF SANTA ANA ALVARO NUNEZ City Manager WILD ORCHID INVESTMENTS, LLC LIENNETTE CHUNG RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- EXHIBIT A LEGAL DESCRIPTION PARCELI: MILLS ACT AGREEMENT 214-218 W. Fourth Street Santa Ana, CA 92701 THOSE PORTIONS OF LOTS 7 AND 10 IN BLOCK 12 OF THE TOWN OF SANTA ANA, CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGE 51 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 10 FEET AND 8 INCHES WEST OF THE NORTHEAST CORNER OF SAID LOT 10; THENCE WEST 51 FEET AND 4 INCHES; THENCE SOUTH 100 FEET; THENCE EAST 51 FEET AND 4 INCHES; THENCE NORTH 100 FEET TO THE POINT OF BEGINNING. PARCEL 2: A RIGHT OF ENTRY AND RIGHT OF WAY OVER 4 FEET FRONTING ON FOURTH STREET AND ADJOINING PARCEL 1 ABOVE DESCRIBED ON THE EAST, FOR A STAIRWAY FOR THE JOINT USE OF THE BUILDING ON THE EAST AND ON THE WEST OF SAID STAIRWAY, AS CONVEYED BY DEED FROM W.H. SPURGEON TO FRANK RIVERIN, RECORDED IN BOOK 138, PAGE 346 OF DEEDS OF LOS ANGELES COUNTY. Assessor's Parcel Number: 398-264-16 -9- NAME The Elwood REF. NO. 152 ADDRESS 214-218 West Fourth Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1886/1933 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT Downtown Santa Ana NEIGHBORHOOD N/A NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE FID Location: ❑ Not for Publication ® Unrestricted USGS 7.5" Quad Date: T R '/4 of '/4 of Sec B.M. ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Art Deco DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Art Deco style is characterized by smooth wall surfaces, often of stucco; zig zags, chevrons, fluting, reeding, and other low -relief stylized and geometric motifs as decorative elements on the fagade; accents of terra cotta, glass, or metal; polychromy; rectangular or compound forms; and a more vertical emphasis than its close stylistic relative, Streamline Modeme. Art Deco was essentially a style of decoration, and was applied to jewelry, clothing, furniture, and handicrafts as well as architecture. In style between 1920 and 1940, Art Deco was popularized by the Exposition des Arts Decoratifs held in Paris in 1925. It was most commonly utilized on commercial or public buildings. Page 1 of 4 cmNstori6templatesTourth 214 W (The Elwood) 7/23/01 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) 214: May 10, 1921. Skylights. August 1922. Alter business room. September 10, 1925. Alterations. July 19,1926. Reinforce floors. April 3, 1928. Alterations. April 6, 1933. Repair business building. July 13, 1939. Repairs to store building. November 4, 1946. Remodel window space. January 28, 1957. Alteration to store building. May 26, 1983. Partitions. June 20, 1984. Structural rehab. 218: 214-216-218: April 6, 1933. Repair business building. August 7, 1933. Alterations. June 8, 1939. Relocate stairway. February 3, 1944. Alterations. November 1, 1950. Repair fire damage. September 17, 1958. Remodel Interior store building. September 7, 1962. Interior and exterior alterations. June 20, 1984. Structural rehab. March 25, 1988. Metal and glass storefront for display. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None : (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) Historic photographs indicate that The Elwood (also known as the Spurgeon Annex) has undergone several transformations since its 19th century construction, although its basic building fabric and proportions remain intact. The present appearance of the upper story dates to 1933, when repairs were made following the Long Beach Earthquake. The lower story storefronts have been remodeled more recently. Two stories tall with a flat roof, the building is of brick construction and is faced with stucco. Pilasters with stepped caps divide the upper story into five bays, each containing a single, double -hung sash window. A corbel course edges the plain parapet. Below a belt course, the street level contains three storefronts, all altered, and the entry to the upper story. HISTORIC HIGHLIGHTS: This building was constructed during the 1886-1888 boom and remodeled in the aftermath of the Long Beach Earthquake. Formerly used as a lodging house, the upper story was known as The Elwood from 1904 until 1929. A doorway led directly into the Spurgeon Building next door until 1929. Street level tenants included a confectionary and a bakery. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP 6) 1-3 story Commercial Building Page 2 of 4 cmNstori6templatesTourth 214 W (The Elwood) 7/23/01 RESOURCES PRESENT: ® Building ❑ Structure ❑ Object MOVED? ® No ❑ Yes ❑ Unknown ❑ Site ❑ District ® Element of District Date: Original Location: ❑ Other STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s saw the construction of many new business blocks or remodels along Fourth and adjacent streets, and by the 1920s Santa Ana's downtown had expanded in all directions to include both commercial and civic development. In 1933, the repair and rebuilding following the Long Beach Earthquake added to the number of downtown buildings displaying the fashionable Art Deco style. The Elwood is significant as an example of the rebuilding of Fourth Street, which took place in the wake of the earthquake. The Victorian era construction is still apparent in the utilitarian southern elevation. Character -defining exterior features of the property, which should be preserved, include but may not be limited to: original and 1933 exterior finishes; bay divisions, including pilasters; original and 1933 fenestration; and parapet. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and has been categorized as "Contributive" for its contribution to "the overall character and history" of downtown Santa Ana and as a "good example of period architecture" that "has not been substantially altered" (Municipal Code, Section 30-2.2(2)). OWNER AND ADDRESS: Page 3 of 4 cmNstori6templatesTourth 214 W (The Elwood) 7/23/01 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 3, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. "Santa Ana Historic Survey, Final Resources Inventory: Downtown." May 1980. Thomas, Harold M. "Downtown Santa Ana Historic District" National Register nomination form, 1984. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. 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 Department of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: July 3, 2001 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) 11): Contributor to a listed district. Page 4 of 4 cmNstori6templatesTourth 214 W (The Elwood) 7/23/01 MILLS ACT AGREEMENT 214-218 West Fourth 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, and such design is compatible with -1- MILLS ACT AGREEMENT 214-218 West Fourth 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") 214-218 West Fourth Street Item Year Improvement 1 Ongoing Continued repair and repainting of the building and character -defining features 2 2026 Replacement of any non -compatible hardware and/or fixtures 3 Ongoing General maintenance and upkeep of rooftop mechanical equipment 4 2029 Replacement and/or repair of storefront glazing (as needed 0 �-; 4� .- M � c� m' 3i13 1 * ' 'n 300 5r _ W 3rd-5t___j_J,h1 CIL vy r EL r IR 77 • �� 1 I' .1 i 130 feet HPPA 2022-20 214-218 W. FOURTH STREET THE ELWOOD PLANNING AND BUILDING AGENCY STAFF PHOTOS TAKEN IN SEPTEMBER 2022 HPPA-2022-20 The Elwood — 214-218 W. Fourth Street EXHIBIT 3 —SITE PHOTOS STAFF PHOTOS TAKEN IN SEPTEMBER 2022 HPPA-2022-20 The Elwood — 214-218 W. Fourth Street EXHIBIT 3 —SITE PHOTOS I,T �2E7AIL SPACE 562.476.9997 _. � T rt,,�mare@pouquetm9 M STAFF PHOTOS TAKEN IN AUGUST 2024 HPPA-2022-20 The Elwood — 214-218 W. Fourth Street EXHIBIT 3 —SITE PHOTOS El ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AUGUST 2, 2001 CALLED TO ORDER: 4:40 P.M. City Hall Ross Annex Second Floor Conference Room 2002 20 Civic Center Plaza, Santa Ana, California ATTENDANCE: COMMISSIONERS Present: Rose Anne Garcia Kings, Chair Paul Giles, Vice Chairman Carlos Bustamante Rita Corpin James Gartner COMMISSIONERS Absent: Phillip Chinn Blair O'Callaghan Robert Richardson STAFF PRESENT: Charles View, Planning Manager Joseph Edwards, Principal Planner Kylee Odette, Deputy City Attorney Maya DeRosa, Senior Planner Laura Johnson, Acting Recording Secretary CONSENT CALENDAR Motion to approve staff recommendations on the following Consent Calendar items. MOTION: Giles SECOND: Bustamante AYES: Bustamante, Corpin, Gartner, Giles, Kings (5) NOES: None (0) ABSENT: Chinn, O'Callaghan, Richardson (3) ABSTENTION: None (0) A. MINUTES RECOMMENDATION: Approve the minutes: Regular meeting of .tune 7, 2001. Adjourned regular meeting of June 14, 2001. B. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes. The Notice of Adjournment of the June 7, 2001 Regular Meeting to June 14, 2001 at 3:00 p.m. was posted at the City Hall Council Chambers on June 8, 2001 at 2:20 p.m. The June 14, 2001 Agenda for the Adjourned Regular Meeting was posted at the City Hall Council Chambers on June 8, 2001 at 10:30 a.m. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR C. CERTIFIED LOCAL GOVERNMENT (CLG) PROGRAM To certify the City of Santa Ana as a participant in the Certified Local Government Historic Preservation program. RECOMMENDATION: Recommend that the City Council adopt a resolution: 1. Approving the filing of an application for certification under the Certified Local Government Historic Preservation Program. 2. Appointing the Deputy City Manager of Development Services as the agent of the City to coordinate, process and execute all contracts, agreements, amendments, and ancillary documents within the scope of the attached application for certification. Presentation of application provided by Hally Cappiello. The approval process and benefits of certification were explained. Commissioner Giles commented that the application was very impressive. Madam Chair Kings noted the following corrections on the application: Current historic preservation activities performed by the local government. 1. Item 4 should be corrected to read "The City of Santa Ana notifies all interested parties, including the Historic Resource Commission of any demolition application submitted for properties over 50 years old and reviews demolition applications for all properties on the Historic Register. 2. Item 7 should include the total number of structures in Santa Ana that are over 50 years old. 3. Correction to spelling of Assemblyman Correa's name. Madam Chair Kings also requested that items 9 and 10 be placed on the Commission's list of objectives. Madam Chair Kings complemented staff on the Organizational Chart that was included in the application and requested that a chart that indicates which staff provide support to the Historic Resources Commission be created. Commissioner Bustamante noted that he has moved to Fisher Park neighborhood and is not a member of the Park Santiago Neighborhood Association and Park Patrol. Madam Chair Kings noted that the list of Neighborhoods of Historic Character should be updated to include West Floral Park, Fisher Park, and Park Santiago. Spelling correction for Willard neighborhood also requested_ Motion to: Recommend that the City Council adopt a resolution: 1. Approving the filing of an application for certification under the Certified Local Government Historic Preservation Program. 2. Appointing the Deputy City Manager of Development Services as the agent of the City to coordinate, process and execute all contracts, agreements, amendments, and ancillary documents within the scope of the attached application for certification_ HISTORIC RESOURCES COMMISSION MINUTES 2 AUGUST 2, 2001 MOTION: Bustamante SECOND: Gartner AYES: Bustamante, Corpin, Gartner, Giles, Icings, (5) NOES: None (0) ABSENT: Chinn, O'Callaghan, Richardson (3) ABSTENTION: None (a) D. HISTORIC MARKER PROGRAM RECOMMENDATION: Continue indefinitely. Joseph Edwards advised the Commission that the program has not been completed and staff is requesting a continuance. Madam Chair Kings requested that a meeting be scheduled between staff, Councilmember Franklin and herself to discuss the issue. Motion to: Continue indefinitely. MOTION: Giles SECOND: Bustamante AYES: Bustamante, Corpin, Gartner, Giles, Kings, (5) NOES: None (0) ABSENT: Chinn, O'Callaghan, Richardson (3) ABSTENTION: None (0) WORK STUDY SESSION E. HISTORIC RESOURCES WEB PAGE Presentation by Hally Cappiello. She advised the Commission that the web page should be placed on the City server on August 8. She also advised that text is scheduled to be included with photographs of historic building. Links to other agencies were noted. Hally Cappiello discussed the proposed Phase 2 of the web page and advised what was scheduled to be included. Madame Chair Kings requested that building and architectural styles be included in the information provided. She also mentioned that walking, tours and educational opportunities could be added. Commissioner Giles asked for expanded search criteria so that specific items and information could be retrieved from the Historic Register. F. HISTORICAL TOURISM DISCUSSION Presentation by Irma Hernandez. Survey was conducted to determine what other cities and counties are doing to market historic tourism was explained and results provided. Santa Ana's current historic tourism efforts were provided. Charles View advised that the Santa Ana Historical Society had updated their material and would print as funds became available. Joseph Edwards requested tourism and marketing input from the Commission. Commisisoner Giles noted that freeway signage could provide high visibility and would be inexpensive. Madam Chair Kings suggested that each neighborhood Could create a walking tour that could be down loaded from the web site. HISTORIC RESOURCES COMMISSION MINUTES 3 AUGUST 2, 2001 u Commissioner Giles suggested that walking tours could be customized to meet individual criteria. Commissioner Bustamante suggested that a partnership with academia could be created so that architectural schools could incorporate Santa Ana buildings in their curriculum. Madame Chair Kings suggested a plaque program and photos could be incorporated into a walking tour. Key locations could be marketed and could possibly be tied in to neighborhood home tours. G. HISTORICAL DISTRICT FOLLOW UP DISCUSSION Charles View provided a report on the progress to date. He suggested a one -day working session on the Broadway District. Session would focus on setting district standards and boundaries. Commissioner Giles noted that new construction in historic districts is significant and asked if it was possible for the Historic Resources Commission to be included in the review. Mr. View advised that he believed the direction the Planning Commission would consider would be for standards to be developed and that Planning Commission would review. Madame Chair Kings asked if there would be an alternate selected from the Planning Commission while Mr. Richardson was out. Mr. View advised the Commissioners of the legal issues. Mr. View requested that a date be set for the working session. Potential dates and times were discussed_ The consensus of the Commission was that the working session would be held Friday, September 7 beginning at 2:30 p.m. The session will begin with a van tour of the district and then return to the Planning Division second floor conference room. H. RECESS TO COUNCIL CHAMBERS Madame Chair Kings advised the Commissioners that Commissioner Rankin had moved to another city and would be submitting a letter of resignation. The afternoon session recessed at 5:40 p.m. HISTORIC RESOURCES COMMISSION MINUTES 4 AUGUST 2, 2001 ROLL CALL PROCEDURAL RULES 1A ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA JUNE 7, 2001 5:58 P.M. PUBLIC HEARINGS HISTORIC REGISTER CATEGORIZATION NO.'S 2001-62 THROUGH 64 AND 2001- 66 (Melanie McCann) Filed by the City of Santa Ana to categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: July 20, 2001 PUBLICLY NOTICED: July 17, 2001 ADDRESS STRUCTURE NAME RECOMMENDED CATEGORY 113-115 East Santa Ana United Presbyterian Landmark Boulevard (62) Church 501-505 North Sycamore Street Masonic Temple Landmark (63) 202-212 W. Fourth Street (64) Spurgeon Building Landmark 117 W. Fourth Street (66) Rankin Department Landmark Store RECOMMENDATION: Adopt a resolution approving Historic Register Categorization No.'s 2001-62 through 64 and 2001-66. Melanie McCann provided the staff report. Madame Chair Kings opened the public hearing at 6:00 p.m. No requests to address the Commission were made. Madame Chair Kings closed the public hearing at 6:00 p.m. Motion to: Adopt a resolution approving Historic Register Categorization No.'s 2001-62 through 64 and 2001-66. MOTION: Giles SECOND: Corpin AYES: Bustamante, Corpin, Gartner, Giles, Kings, (5) NOES: None (0) ABSENT: Chinn, O'Callaghan, Richardson (3) ABSTENTION: None (0) HISTORIC RESOURCES COMMISSION MINUTES 5 AUGUST 2, 2001 r-7 u 1B. HISTORIC REGISTER CATEGORIZATION NO.'S 2QO1-65 AND 2001-67 THROUGH 70 (Melanie McCann) Filed by the City of Santa Ana to categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: July 20, 2001 PUBLICLY NOTICED: July 17, 2001 ADDRESS STRUCTURE NAME RECOMMENDED CATEGORY 118-120 W. Fifth Street 65 Ramona Building Key 323-325 North Broadway & Moore Building Key 222 W. 41h Street 67 420-424 North Broadway & 300, Knights of Pythias Hall Key 310, 312, 318, 320 & 322 W. 5" Street 68 517-519 North Main Street (69) Hortons Furniture Key Building 515 North Main (70) McFadden Public Key Market RECOMMENDATION: Adopt a resolution approving Historic Register Categorization No.'s 2001-65 and 2001-67 through 69. Melanie McCann provided the staff report. Madame Chair Kings opened the public hearing at 6:05 p.m. No requests to address the Commission were made. Madame Chair Kings closed the public hearing at 6:05 p.m. Motion to: Adopt a resolution approving Historic Register Categorization No.'s 2001-65 and 2001-67 through 69. MOTION: Bustamante SECOND: Giles AYES: Bustamante, Corpin, Gartner, Giles, Kings, (5) NOES: None (0) ABSENT: Chinn, O'Callaghan, Richardson (3) ABSTENTION: None (0) 1C. HISTORIC REGISTER CATEGORIZATION NO.'S 2001-71 AND 2001- 73 THROUGH 77 (Melanie McCann) Filed by the City of Santa Ana to categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE REGISTER: July 20, 2001 PUBLICLY NOTICED: July 17, 2001 HISTORIC RESOURCES COMMISSION MINUTES 6 AUGUST 2, 2001 ADDRESS STRUCTURE NAME RECOMMENDED CATEGORY 415 N. Sycamore Street Rohrs Building Contributive 71 108 W. Fourth Street (73) Santa Ana Hardware Co. Contributive Bldg. 110 W. Fourth Street 74 Gilbert Dry Goods Contributive 112-114 W. Fourth Street Hill and Cardin Company Contributive 75 116-120 W. Fourth Street Orange County Savings & Contributive 76 Trust 214-218 W. Fourth Street The Elwood Contributive 77 RECOMMENDATION: Adopt a resolution approving Historic Register Categorization No.'s 2001-71 and 2001-73 through 77. Melanie McCann provided the staff report. Madame Chair Kings opened the public hearing at 6:10 p.m. No requests to address the Commission were made. Madame Chair Kings closed the public hearing at 6:10 p-m. Motion to. Adopt a resolution approving Historic Register Categorization No.'s 2001-71 and 2001-73 through 77. MOTION: Giles SECOND: Bustamante AYES: Bustamante, Corpin, Gartner, Giles, Kings, (5) NOES. None (0) ABSENT: Chinn, O'Callaghan, Richardson (3) ABSTENTION: None (0) PUBLIC COMMENTS 2. Oral Comments — Comments from the Public There were no public comments. STAFF AND COMMISSION COMMENTS 3. Comments from Staff Mr. Edwards • Announced that next month staff will provide an overview of the objectives for midyear evaluation_ Introduced Kylee Odette as the new Historic Resources Commission legal counsel. • Announced the last meeting for Christopher Norman and thanked him for all his assistance with the Commission. 4. Comments from Historic Resources Commission All of the Commissioners indicated that they were very impressed with the web page. Madame Chair Kings • Requested that the Template Review Committee review the Old Woolworth Building, the consultant's recommendations, and review the terms and wording of Chapter 30. The HISTORIC RESOURCES COMMISSION MINUTES 7 AUGUST 2, 2001 property has been substantially remodeled and needs to be discussed. The Committee could then make recommendations to the Commission if appropriate. The next meeting of the Template Review Committee is Friday, August 10 at 3 p.m. Requested that the plaque wording draft be distributed immediately to all commissioners and that a meeting with staff, Councilmember Franklin, and herself be scheduled. Also advised that Commissioner Bustamante would like to attend. Requested to meet with staff to review a draft of proposed Code changes and to get clarification on how the Districts would work from a legal planning perspective_ Complimented staff for the excellent work on the CLG application and requested that a timeline/summary list of things that need to occur be presented at the next Commission meeting so that the Commission can adjust yearly objectives to accommodate the needs identified, particularly the Historic Preservation Element that is identified. + Requested that staff identify a strategy for training key building inspection staff that may need to be knowledgeable on the Historic Building Code. • Requested that an organization chart for Historic Resources Commission that includes staff e-mail address and phone number be provided. • Provided reminder of the meeting scheduled for August 9 at 9 a.m. to discuss Contemporary Architecture in Historic Districts. • Requested a representative from the Planning Commission be designated and that Planning Commissioner Cribb receive a Historic Resources Commission packet for the next three meetings. Clarify who will be representative to Historic Resources Commission from Planning Commission. Congratulated staff for the APA award for the City's Housing Element. Encouraged everyone to see the movie "Legally Blonde" which features footage of the Old County Courthouse including the interior courtroom footage. 9. Excuse of Absences Motion by Commissioner Bustamante and seconded by Commissioner Corpin to excuse the absences of Commissioners Chinn, O'Callaghan, and Richardson and approved unanimously by a vote of 5:0. 10. Adiournment — 6:21 p.m. - to September 6, 2001 at 4:30 p.m. in the City Hall Ross Annex I Conference Room 2002, 20 Civic Center Plaza, Santa Ana, California. Laura Johnson HISTORIC RESOURCES COMMISSION MINUTES 8 AUGUST 2, 2001 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 Francois -Xavier Fyad and Roxana Fyad, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2539 French 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 2539 French 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 2539 French 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 16, 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 "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 2539 French 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" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-09) staff report dated September 5, 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. -3- MILLS ACT AGREEMENT 2539 French 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. 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 -4- MILLS ACT AGREEMENT 2539 French Street Santa Ana, CA 92706 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 2539 French Street, Assessor Parcel Number, 396-431-04, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, 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 Owners: Frangois-Xavier Fyad and Roxana Fyad 2539 French Street -5- MILLS ACT AGREEMENT 2539 French Street Santa Ana, CA 92706 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 2539 French 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 By: B DON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 2539 French Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: FRANQOIS-XAVIER FYAD By: ROXANAFYAD RECOMMENDED FOR APPROVAL: a MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 2539 French 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: LOT 24 OF TRACT 1473 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 45, PAGE 8 OF ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor's Parcel Number: 396-431-04 -9- Exhibit B EXECUTIVE SUMMARY Smith House 2539 French Street Santa Ana, CA 92706 NAME Smith House REF. NO. ADDRESS 2539 French Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1952 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version sometimes mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Tradtional-style home in Santa Ana. The recommended categorization is "Contributive" because it is a good example of the Minimal Traditional style and history and character of the neighborhood. (Santa Ana Municipal code, Section :3u-1.:3 EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 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 4 Resource name(s) or number (assigned by recorder) Smith 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 2539 North French Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 396-431-04 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Smith House is a modest, intact example of a one-story, Minimal Traditional -style single-family residence and detached garage (Figures 1 and 2). It is characterized by a compact and irregular plan, cross -hipped roof with asphalt shingles and moderately wide boxed eaves, and stucco exterior cladding. The porch and front entrance are located on the front -facing west facade, adjacent to a short wing. There, the solid wood door is accompanied by a single sidelight with a ribbed pane and sheltered by a porch roof with a single wood post and wood railing system with an offset grid design (Figures 3 and 4). To the left of the porch, a tripartite focal window consists of a multi -pane fixed wood -sash window, flanked by a pair of double -hung wood -sash windows of similar style (Figure 5). Overall, the series of broad rectangular panes provides a horizontal emphasis to the facade, suggestive of the influence of architectural Modernism. Windows elsewhere on the residence feature double - hung wood sashes of various sizes. There are two entrances at the rear, one facing east, the other facing south from the rear wing. Each is accessed by straight concrete steps leading to glazed wood doors of varied design (Figure 6). The residence has been reroofed and outfitted with rooftop solar panels but generally retains integrity to its historical construction. (See Continuation Sheet 3 of 4.) *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 southeast, July 2024 *P6. Date Constructed/Age and Sources: ■historic 1952/0riginal Building Permit *P7. Owner and Address: Frangois-Xavier and Roxana Fyad 2539 North French Street Santa Ana, CA 92706 *P8. Recorded by: James Williams City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 3, 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 4 *NRHP Status Code 5S3 *Resource Name or #: Smith House 131. Historic Name: Smith House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): February 14, 1952. Permit to construct a 6-room stucco residence and garage. Vallue not indicated. April 16, 1952. Permit for plastering by Morrison. No value indicated. May 19, 1952. Permit for one fixture for H. Mumper. $95. January 31, 2023. Permit to install rooftop solar panels. 1$14,000. May 6, 2024. Permit to demolishpatio cover. $1,000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Charles Lawrence (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1952 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 Smith House is architecturally significant as an intact example of Minimal Traditional -style house in Santa Ana. The original building permit is dated February 21, 1952, and indicates it was built as a six -room residence and garage for owner Norman Herzig by contractor Charles Lawrence at a value of $12, 000. The original architect is unknown. Herzig appears to have been affiliated with the property only during the time of the initial building permit, and by May 19, 1952, the property had been transferred to H. Mumper (misspelled on the permit as "Mumper'). A 1953 city directory listing shows A.F. Mumper as the property's occupant. Mumper continued to reside at that address until at least as recently as 1954, when the The Register identified the subject property as his address and identified the property as the site of a meeting of the Orange County Renters Association, of which Mumper was the secretary (The Register June 11, 1953). By 1960, Edward L. Smith was the property's occupant, most likely with his wife Blanche U. and their family (Ancestry.com 2011). Edward was an insurance salesman by profession and owned the Lee Smith insurance agency. While it is unknown when Edward died, at the at the time of Blanche's passing in 1975, she was the sole owner of the property (Anaheim Bulletin August 8, 1975). Sources identifying owners and occupants of the property are not available between 1976 and 2023. By 2023, City planning records show, the property's current owners and residents Frangois-Xavier and Roxana Fyad took ownership of the property. (Continued on page 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: Ancestry.com. U.S., City Directories, 1822-1995 [database on- line]. Lehi, UT, USA: Ancestry. com Operations, Inc., 2011. (See Continuation Sheets 3 and 4) B13. Remarks: None *1314. Evaluator: James Williams, City of Santa Ana. *Date of Evaluation: July 18, 2024 (This space reserved for official comments.) 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 4 Resource Name: (Name_of_Structure)) *Recorded by James Williams *Date July 15, 20240 Continuation ❑ Update *P3a. Description (continued): The detached garage, located southeast of the residence, was constructed in a style similar to the residence (Figure 7). It has a rectangular plan, hipped roof with asphalt shingles and closed eaves, and stucco siding. A non -original metal roll -up garage door is located on the main (west) fagade, opening toward a concrete -paved driveway leading to French Street. A wood -panel door and double -hung wood -sash window are located on the secondary west fagade. *1310. Significance (continued): The Smith House is located in the Park Santiago neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and ca rpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War II. The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional -style house in Santa Ana. Located in Park Santiago, the house cost $12,000 to build in 1952. The recommended categorization is "contributive" because it is a good example of the Minimal Traditional style and contributes to the history and character of the neighborhood (Santa Ana Municipal Code, Section 30-2.2.3). Character -defining features of the Smith House include, but may not be limited to: compact, irregular plan; asymmetrical primary (west) fagade; moderately - pitched cross -hipped roof, moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood -frame multi -pane double -hung wood -sash windows; tripartite wood -sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane. *1312. References (continued): Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. City of Santa Ana Building Permits Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013. Newspapers.com (Anaheim Bulletin, The Register) Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: (Name_of_Structure)) *Recorded by James Williams *Date July 15, 20240 Continuation ❑ Update Additional Fiqures: i .. Figure 2. At the rear (east) elevation, the patio is located i near the rear wind, partially sheltered by a broadly - overhanging eave, facing west. Figure 3. The primary (west) fagade showing the front door and sidelight assembly, including the ribbed -class sidelight pane, facing east. x I MEN - Figure 4. The front porch, located on the primary (west) Figure 5. Tripartite focal window on the front (west) fagade fagade, is partially enclosed on the north by a low, wood consists of a fixed central sash two flanking double -hung railing featuring an offset grid pattern, facing southeast. sashes, facing north. 4- Figure 6. The patio, at a juncture of the south and east Figure 7. The detached garage, located southeast of the elevations, is the location of the rear patio and two primary residence, has a pyramidal roof moderate secondary entrances, facing north. overhangs and asphalt shingle cladding to match the residence, facing southeast. DPR 523L MILLS ACT AGREEMENT 2539 French 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, and such design is compatible with -1- MILLS ACT AGREEMENT 2539 French 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") 2539 French Street Item Year Improvement 1 2025 Repair and replace roof overhang features as needed. 2 2026 Replace non -compatible south -facing rear door with a more appropriate alternative. 3 2027 Trim and maintain front yard shrubs and other landscaping to ensure ongoing clear view of the residence's primary (west) fagade from the public right-of-way. 4 2028 Repaint residence and garage. Planning and Building Agency Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 5, 2024 Topic: HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 — Smith House (2539 French Street) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2024-06 and Historic Register Categorization No. 2024-04 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Frangois and Roxana Fyad, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Frangois and Roxana Fyad are requesting approval to designate an existing Minimal Traditional -style residence located at 2539 French 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 a Minimal Traditional -style house. It is worthy of "Contributive" categorization because it a good example of the Minimal Traditional style, including its compact, irregular plan; moderately rough stucco cladding; asymmetrical fagade and double -hung wood -sash windows, among other features. DISCUSSION Project Location and Site Description The subject property is located on the west side of French Street in the Park Santiago neighborhood in Santa Ana. The site contains a 1,508-square-foot, Minimal Traditional - style residence and detached garage, on a 6,662-square-foot residential lot (Exhibit 3). HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 — Smith House (2539 French Street) September 5, 2024 Page 2 Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 72 years old and is a sound example of period architecture. No known code violations exist on record for this property. The Smith House is architecturally significant as an intact example of Minimal Traditional - style house in Santa Ana. The original building permit is dated February 21, 1952, and indicates it was built as a six -room residence and garage for owner Norman Herzig by contractor Charles Lawrence at a value of $12,000. The original architect is unknown. Herzig appears to have been affiliated with the property only during the time of the initial building permit, and by May 19, 1952, the property had been transferred to H. Mumper (misspelled on the permit as "Mumfer"). A 1953 city directory listing shows A.F. Mumper as the property's occupant. Mumper continued to reside at that address until at least 1954, when the The Register identified the subject property as his address and identified the property as the site of a meeting of the Orange County Renters Association, of which Mumper was the secretary (The Register June 11, 1953). By 1960, Edward L. Smith was the property's occupant, most likely with his wife Blanche U. and their family (Ancestry.com 2011). Edward was an insurance salesman by profession and owned the Lee Smith insurance agency. While it is unknown when Edward died, at the at the time of Blanche's passing in 1975, she was the sole owner of the property (Anaheim Bulletin August 8, 1975). Sources identifying owners and occupants of the property are not available between 1976 and 2023. By 2023, City planning records show, the property's current owners and residents Frangois and Roxana Fyad took ownership of the property. The Smith House is a modest, intact example of a one-story, Minimal Traditional -style single-family residence and detached garage. It is characterized by a compact and irregular plan, cross -hipped roof with asphalt shingles and moderately wide boxed eaves, and stucco exterior cladding. The porch and front entrance are located on the front -facing HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 — Smith House (2539 French Street) September 5, 2024 Page 3 west facade, adjacent to a short wing. There, the solid wood door is accompanied by a single sidelight with a ribbed pane and sheltered by a porch roof with a wood post and wood railing system with an offset grid design. To the left of the porch, a tripartite focal window consists of a multi -pane fixed wood -sash window, flanked by a pair of double - hung wood -sash windows of similar style. Overall, the series of broad rectangular panes provides a horizontal emphasis to the fagade, suggestive of the influence of architectural Modernism. Windows elsewhere on the residence feature double -hung wood sashes of various sizes. There are two entrances at the rear, one facing east, the other facing south from the rear wing. Each is accessed by straight concrete steps leading to glazed wood doors of varied design. The residence has been reroofed and outfitted with rooftop solar panels but generally retains integrity to its historical construction. The detached garage, located southeast of the residence, was constructed in a style similar to the residence. It has a rectangular plan, hipped roof with asphalt shingles and closed eaves, and stucco siding. A non -original metal roll -up garage door is located on the main (west) fagade, opening toward a concrete -paved driveway leading to French Street. A wood -panel door and double -hung wood -sash window are located on the secondary west fagade. Character -defining features of the Smith House include, but may not be limited to: compact, irregular plan; asymmetrical primary (west) facade; moderately -pitched cross - hipped roof; moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood -frame multi -pane double - hung wood -sash windows; tripartite wood -sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane. The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional -style home in Santa Ana. Located in Park Santiago, the house cost $12,000 to build in 1952. The recommended categorization is "contributive" because it is a good example of the Minimal Traditional style and contributes to the history and character of the neighborhood. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 — Smith House (2539 French Street) September 5, 2024 Page 4 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: continued repair and repainting of roof overhang, repainting of the residence and garage, replacement of the non -compatible south -facing rear door with a more appropriate alternative, and trimming and continued maintenance of front yard shrubs and other landscaping to ensure a clear view of the residence's primary (west) fagade from the public right-of-way. 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 Park Santiago Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. HRCA No. 2024-06, HRC No. 2024-04, HPPA No. 2024-09 — Smith House (2539 French Street) September 5, 2024 Page 5 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. 2024-67 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 $634.45 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map 4. Copy of Public Notice Submitted By: James Williams, Contract 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. 2024-06 TO PLACE THE PROPERTY LOCATED AT 2539 FRENCH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2024-04 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 5, 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. 2024-06) and categorization (Historic Resources Commission Categorization No. 2024-04) of the Smith House located at 2539 French Street, Santa Ana. B. The Smith House has distinctive architectural features of the Minimal Traditional style and was built in 1952. C. The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Minimal Traditional - style home in Santa Ana. The house displays characteristics of the Art Moderne style through its use of smooth compact plan, asymmetrical fagade, and cross -hipped roof, among other original features. The recommended categorization is "Contributive" because it is a good example of the Minimal Traditional and contributes to the character and history of its neighborhood (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the Smith House include, but may not be limited to: compact, irregular plan; asymmetrical primary (west) fagade; moderately - pitched cross -hipped roof; moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood -frame multi -pane double -hung wood -sash windows; tripartite wood -sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane. D. The legal owners of the property are Frangois-Xavier Fyad and Roxana Fyad. Resolution No. 2024-XX Page 1 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act Agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement's term, including continued repair and repainting of roof overhang, repainting of the residence and garage, replacement of the non -compatible south -facing rear door with a more appropriate alternative, and trimming and continued maintenance of front yard shrubs and other landscaping to ensure a clear view of the residence's primary (west) fagade from the public right-of-way. 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-2024-67 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. 2024-06 to place the Smith House located at 2539 French Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2024-04 placing the Smith House located at 2539 French Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Resolution No. 2024-XX Page 2 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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 5t" day of September, 2024. Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: orandon Salvatierra Deputy City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members Resolution No. 2024-XX Page 3 of 6 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 September 5, 2024. Date: Nuvia Ocampo Commission Secretary City of Santa Ana Resolution No. 2024-XX Page 4 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 396-431-04 2539 French Street REAL PROPERTY IN THE Frangois-Xavier CITY OF SANTA ANA, Fyad and COUNTY OF ORANGE, STATE Roxana Fyad OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 24 OF TRACT 1473 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 45, PAGE 8 OF ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Resolution No. 2024-XX Page 5 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2024-06 and Historic Resources Commission Categorization No. 2024-04 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 2539 French Street, historically known as the Smith 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 6 of 6 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 Francois -Xavier Fyad and Roxana Fyad, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2539 French 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 2539 French 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 2539 French Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 20, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of 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 "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 2539 French 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" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-09) staff report dated September 5, 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. -3- MILLS ACT AGREEMENT 2539 French 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. 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 -4- MILLS ACT AGREEMENT 2539 French Street Santa Ana, CA 92706 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 2539 French Street, Assessor Parcel Number, 396-431-04, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, 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 Owners: Frangois-Xavier Fyad and Roxana Fyad 2539 French Street -5- MILLS ACT AGREEMENT 2539 French Street Santa Ana, CA 92706 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 2539 French 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 By: BRAS ON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 2539 French Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: FRANQOIS-XAVIER FYAD Bv: ROXANAFYAD RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 2539 French 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: LOT 24 OF TRACT 1473 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 45, PAGE 8 OF ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor's Parcel Number: 396-431-04 -9- EXECUTIVE SUMMARY Smith House 2539 French Street Santa Ana, CA 92706 NAME Smith House REF. NO. ADDRESS 2539 French Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1952 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version sometimes mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Tradtional-style home in Santa Ana. The recommended categorization is "Contributive" because it is a good example of the Minimal Traditional style and history and character of the neighborhood. (Santa Ana Municipal Code, Section 30-2.3 EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. 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 4 Resource name(s) or number (assigned by recorder) Smith 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 2539 North French Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 396-431-04 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Smith House is a modest, intact example of a one-story, Minimal Traditional -style single-family residence and detached garage (Figures 1 and 2). It is characterized by a compact and irregular plan, cross -hipped roof with asphalt shingles and moderately wide boxed eaves, and stucco exterior cladding. The porch and front entrance are located on the front -facing west facade, adjacent to a short wing. There, the solid wood door is accompanied by a single sidelight with a ribbed pane and sheltered by a porch roof with a single wood post and wood railing system with an offset grid design (Figures 3 and 4). To the left of the porch, a tripartite focal window consists of a multi -pane fixed wood -sash window, flanked by a pair of double -hung wood -sash windows of similar style (Figure 5). Overall, the series of broad rectangular panes provides a horizontal emphasis to the facade, suggestive of the influence of architectural Modernism. Windows elsewhere on the residence feature double - hung wood sashes of various sizes. There are two entrances at the rear, one facing east, the other facing south from the rear wing. Each is accessed by straight concrete steps leading to glazed wood doors of varied design (Figure 6). The residence has been reroofed and outfitted with rooftop solar panels but generally retains integrity to its historical construction. (See Continuation Sheet 3 of 4.) *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 southeast, July 2024 *P6. Date Constructed/Age and Sources: ■historic 1952/0riginal Building Permit *P7. Owner and Address: Frangois-Xavier and Roxana Fyad 2539 North French Street Santa Ana, CA 92706 *P8. Recorded by: James Williams City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 3, 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 4 *NRHP Status Code 5S3 *Resource Name or #: Smith House B1. Historic Name: Smith House B2. Common Name: Same 133. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Minimal Traditional *136. Construction History: (Construction date, alterations, and date of alterations): February 14, 1952. Permit to construct a 6-room stucco residence and garage. Vallue not indicated. April 16, 1952. Permit for plastering by Morrison. No value indicated. May 19, 1952. Permit for one fixture for H. Mumper. $95. January 31, 2023. Permit to install rooftop solar panels. 1$14,000. May 6, 2024. Permit to demolishpatio cover. $1,000. *137. Moved? ■No []Yes []Unknown Date: Original location: *138. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Charles Lawrence (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1952 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 Smith House is architecturally significant as an intact example of Minimal Traditional -style house in Santa Ana. The original building permit is dated February 21, 1952, and indicates it was built as a six -room residence and garage for owner Norman Herzig by contractor Charles Lawrence at a value of $12,000. The original architect is unknown. Herzig appears to have been affiliated with the property only during the time of the initial building permit, and by May 19, 1952, the property had been transferred to H. Mumper (misspelled on the permit as "Mumper'). A 1953 city directory listing shows A.F. Mumper as the property's occupant. Mumper continued to reside at that address until at least as recently as 1954, when the The Register identified the subject property as his address and identified the property as the site of a meeting of the Orange County Renters Association, of which Mumper was the secretary (The Register June 11, 1953). By 1960, Edward L. Smith was the property's occupant, most likely with his wife Blanche U. and their family (Ancestry.com 2011). Edward was an insurance salesman by profession and owned the Lee Smith insurance agency. While it is unknown when Edward died, at the at the time of Blanche's passing in 1975, she was the sole owner of the property (Anaheim Bulletin August 8, 1975). Sources identifying owners and occupants of the property are not available between 1976 and 2023. By 2023, City planning records show, the property's current owners and residents Frangois-Xavier and Roxana Fyad took ownership of the property. (Continued on page 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: Ancestry.com. U.S., City Directories, 1822-1995 [database on- line]. Lehi, UT, USA: Ancestry. com Operations, Inc., 2011. (See Continuation Sheets 3 and 4) B13. Remarks: None *1314. Evaluator: James Williams, City of Santa Ana. *Date of Evaluation: July 18, 2024 (This space reserved for official comments.) Sketch Map Smith House Y/N/Fib/�I o 2539 French Street N O 009 , � 3 ti O N � = u ,r O'er $y ' N 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 4 Resource Name: Smith House 'Recorded by James Williams *Date July 15, 20240 Continuation ❑ Update *133a. Description (continued): The detached garage, located southeast of the residence, was constructed in a style similar to the residence (Figure 7). It has a rectangular plan, hipped roof with asphalt shingles and closed eaves, and stucco siding. A non -original metal roll -up garage door is located on the main (west) fagade, opening toward a concrete -paved driveway leading to French Street. A wood -panel door and double -hung wood -sash window are located on the secondary west fagade. *1310. Significance (continued): The Smith House is located in the Park Santiago neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and ca rpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War Il. The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional -style house in Santa Ana. Located in Park Santiago, the house cost $12,000 to build in 1952. The recommended categorization is "contributive" because it is a good example of the Minimal Traditional style and contributes to the history and character of the neighborhood (Santa Ana Municipal Code, Section 30-2.2.3). Character -defining features of the Smith House include, but may not be limited to: compact, irregular plan; asymmetrical primary (west) fagade; moderately - pitched cross -hipped roof, moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood -frame multi -pane double -hung wood -sash windows; tripartite wood -sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane. *1312. References (continued): Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry. com Operations, Inc., 2011. City of Santa Ana Building Permits Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013. Newspapers.com (Anaheim Bulletin. The Register) Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: Smith House 'Recorded by James Williams *Date July 15, 20240 Continuation ❑ Update Additional Figures: � y Figure 2. At therear(east) elevation, the patio is located near the rear wind, partially sheltered by a broadly overhanging eave, facing west. Figure 3. The primary (west) fagade showing the front door and sidelight assembly, including the ribbed -class sidelight pane, facing east. A � rr - Figure 4. The front porch, located on the primary (west) Figure 5. Tripartite focal window on the front (west) fagade fagade, is partially enclosed on the north by a low, wood consists of a fixed central sash two flanking double -hung railing featuring an offset grid pattern, facing southeast. sashes, facing north. a f; b►" 4 �.„ -� Figure 6. The patio, at a juncture of the south and east Figure 7. The detached garage, located southeast of the elevations, is the location of the rear patio and two primary residence, has a pyramidal roof moderate secondary entrances, facing north. overhangs and asphalt shingle cladding to match the residence, facing southeast. DPR 523L MILLS ACT AGREEMENT 2539 French 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, and such design is compatible with -1- MILLS ACT AGREEMENT 2539 French 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") 2539 French Street Item Year Improvement 1 2025 Repair and replace roof overhang features as needed. 2 2026 Replace non -compatible south -facing rear door with a more appropriate alternative. 3 2027 Trim and maintenance front yard shrubs and other landscaping to ensure ongoing clear view of the residence's primary (west) fagade from the public right-of-way. 4 2028 Repaint residence and garage. ORANGE COUNTY REPORTER SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 2539 French St To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 08/26/2024 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $127.05 Total $127.05 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 OR# 3844812 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: 2539 North French Street located within Single Family Residence (R1) zoning district. Project Applicant: Francois -Xavier and Raxana Fyad (Applicants & Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application (HRCA) No. 2024-06, Historic Register Categorization (HRC) No. 2024-04, and Historic Property Preservation Agreement (HPPA) No. 2024-09 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreements 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. Notice of Exemption, Environmental Review No. 2024-67 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 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-parUcipation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeCommentsrabsa nta-ana.ora (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:llsanta- ana.pdmegov.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 or714-667-2790. 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 an espafiol, favor de Ilamar a Nuvia Ocampo al (714) 667- 2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565- 2627. 8/26/24 OR-3844812# 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: 2539 North French Street located within Single Family Residence (R1) zoning district. Project Applicant: Francois -Xavier and Raxana Fyad (Applicants & Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application (HRCA) No. 2024-06, Historic Register Categorization (HRC) No. 2024-04, and Historic Property Preservation Agreement (HPPA) No. 2024-09 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreements 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. Notice of Exemption, Environmental Review No. 2024-67 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 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.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez(aD-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. 1 Urr,, rr++ Arr GL 2 i fW 2547 'y � Vi ir' PA Sri . �Fi[,c, I' .i 4,2534 0 p w r.2532 aN 2530 +. F + `phi 1 Lilt 1 k 2K {.7 ■ 2520 _ y !' ! 2519 a q z 25!9 dl,r ti 251 7 3w_� .till_ r 1 � 52 0 i z 51 s t u X pMW .- cdgtwv'c;uc� �c i ,., i I I Eri�ewrc+oa�Rc ' �2i292] rJ S� _ ryry FF r� r l!F.li� 242 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 I group. Proiect Location: 2539 North French Street located within Single Family Residence (R1) zoning district. Proiect Applicant: Francois -Xavier and Raxana Fyad (Applicants & Property Owners) Proiect Description: Applicants are requesting approval of Historic Resources Commission Application (HRCA) No. 2024-06, Historic Register Categorization (HRC) No. 2024-04, and Historic Property Preservation Agreement (HPPA) No. 2024-09 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreements 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. Notice of Exemption, Environmental Review No. 2024-67 will be filed for this project. Meeting Details:_ This matter 22ilCivic Center Plaza, Santa Anaeard on Thursday, , CA 927011. Members of the the City Council Chambers,in-person or join via zoom. For the most up to date public may attend this meeting lease visit www.santa- information on how to participate virtually in this meeting, p ana.or / b/meetin - artici ation. Written Comments: If you are unable to participate in the meeting, you may send written erence the comments by e-mail to PBAeComm Sect line) retary, City of Santa of Ana, 20 Civic pCentic in er Plaza or or mail to Nuvia Ocampo, Recording Santa Ana,92701.not e distributed to the Commission but CA Deadline to submit written comments is 3:30 p.m. on the day o e meeting• Comments received after the deadline may will be made part of the record. regarding the proposed action(s), including be found on the City website 72 hours prior to the Where To Get More InformationeAdditional b details on the full text of the discretionary lease contact Pedro Gomez public hearing at: htt s://santa-ana. rime ov.com/ ublic/ ortal. you have any questions, p Santa-ana.or or 714-667-2790. Who To contact For. uestions: Show PGomeZ only those and Building Agency be limited to raising with the Planning you may or in written If you challenge the decision on the aboetae'ndescribed in this notice, the City of N Y issues you or someone else raised at the public correspondence delivered to the bl HIhea�cnges�u ces Commission or City 14 667-2732. or prior to, o al (7 ) Santa Ana at, anol, favor de llama r a Nuvia Ocamp 714) 565-2627- reguntas en esp ai cho Tony Lai s8 Si tiene p tieng Viet, xin dien tho. Neu can lien lac bang . 0�p NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION T6, R-1 wt— 10 df lh- g—p —11— 2539 N-h F—hlroIeSV.., I.—d APPliayPevlvewetlags�l2024 ecIlo)enas Ase ocnl rox Hl. (HPPA) j , 4 =_:f- -1 Hl. _g,1 o_ —llo.. P.,-10- 31. 4 p 0 R R p 3 y p dll� -�d % � 1h. cl d. M- 14, la A 'A It FIB— ".77 W� 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 Charles A. Martin and Molly H. Martin, as Co -trustees of the Martin Family Trust, Dated 10/17/2008 (hereinafter collectively referred to as "Owner"), owner of real property located at 1113 W Riviera Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1113 W Riviera Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 16, 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 "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 1113 W Riviera Drive 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" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-10) staff report dated September 5, 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. -3- MILLS ACT AGREEMENT 1113 W Riviera Drive 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. 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 -4- MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 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 1113 W. Riviera Drive, Assessor Parcel Number, 001-171-08, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, 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 Owners: Charles A. Martin and Molly H. Martin, Co -Trustees of the Martin Family Trust -5- MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 1113 W Riviera Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. 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 1113 W Riviera Drive 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 By: B ON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: CHARLES MARTIN TRUSTEE OF THE TRUST MARTIN FAMILY By: MOLLY MARTIN TRUSTEE OF THE MARTIN FAMILY TRUST RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 9 OF THE BATES TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 96, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4 OF TRACT NO. 1740, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 52, PAGE 22, MISCELLANEOUS MAPS, SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1030.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 150 01' 48" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 5° 23' 01 ", AN ARC DISTANCE OF 96.78 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 50' 28", AN ARC DISTANCE OF 105.00 FEET TO THE EAST LINE OF SAID LOT 9; THENCE NORTH 0° 43' 50": EAST ALONG SAID EAST LINE, 153.37 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED MAY 7, 1953 IN BOOK 2499, PAGE 412, OFFICIAL RECORDS, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 560.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 3° 44' 10" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 110 30' 50" AN ARC DISTANCE OF 112.53 FEET TO A POINT THAT BEARS NORTH 10 47' 50" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 10 47' 50" EAST 147.19 FEET TO SAID TRUE POINT OF BEGINNING. Assessor's Parcel Number: 001-171-08 -9- Exhibit B EXECUTIVE SUMMARY Buckheim House 1113 West Riviera Drive Santa Ana, CA 92706 NAME Buckheim House REF. NO. ADDRESS 1113 West Riviera Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1956 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930s designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L- shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch -style home in Santa Ana. The recommended categorization is "Contributive" because it is a good example of the style and contributes to the historical and architectural character of its neighborhood. (Santa Ana Municipal Gode, Section W-1.3 EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 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 4 Resource name(s) or number (assigned by recorder) Buckheim House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 1113 West Riviera Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-171-08 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Buckheim House is a highly intact example of a one-story, Ranch -style, single-family residence with a detached garage (Figure 1). Constructed on a generally rectangular plan, the residence is capped with a cross -hipped roof with wood shake shingles and moderate to broad eaves. Cladding on the front -facing south fagade is principally board -and -batten but also includes fieldstone -veneer wainscoting and within the full height of the recessed porch (Figure 2). Use of such fieldstone cladding is repeated in the exposed internal chimney, an integrated planter on the south fagade, and a short blade wall extending toward the driveway (Figure 3). Secondary-fagade cladding alternates between stucco and board -and -batten. The front recessed front entrance includes a door with molded paneling and a fanlight, flanked by similar partially glazed panels, all of which appear non -original per visual observation (Figure 4). Windows are wood casements throughout, and have been replaced in -kind at the rear of the house (Figure 5). Also at the rear of the residence, a wood -framed sliding glass door opens north toward a landscaped backyard featuring a below -ground swimming pool (Figure 6). The residence is adjoined to the detached garage by a covered walkway with a gable -roof structure. The walkway is separated from the adjacent backyard by a breeze -block partition. (See Continuation Sheet 3 of 4.) *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 (south) facade, view northeast, July 2024 *P6. Date Constructed/Age and Sources: ■historic 19561 Original Building Permit *P7. Owner and Address: Charles and Molly Martin 1113 West Riveria Drive Santa Ana, CA 92706 *P8. Recorded by: James Williams City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 3, 2024 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *Resource Name or #: Buckheim House *NRHP Status Code 5S3 131. Historic Name: Buckheim House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Ranch *136. Construction History: (Construction date, alterations, and date of alterations): May 28, 1956. Permit to construct a seven room residence and garage. $25, 000. July 26, 1956. Permit for plastering. No valuation provided. June 24, 1960. Permit to construct pool by Tahitian Pools. $2,500. June 28, 1999. Permit to remove and replace in kind wood shake roof shingles. $9,800. January 13, 2011. Permit to remodel interior and extend exterior wall of master bedroom within existing roof overhang; remove chimney; replace windows. $54,400. June 5, 2012. Permit to remove and replace in kind wood shake roof shingles on residence and garage. $17,584. Jauary 2, 2014. Permit to replace in -kind four windows at the rear of the residence. $5, 000. *137. Moved? ■No ❑Yes ❑Unknown Date: *138. Related Features: Detached garage 139a. Architect: Unknown Original location: b. Builder: Hugh Neighbor, Jr. (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1956 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Buckheim House is architecturally significant as an intact example of a Ranch -style house in Santa Ana. The original building permit is dated May 26, 1956, and indicates it was built as a single-family residence and garage for owner Robert F. Buckheim for $25,000. The contractor was Hugh M. Neighbors, Jr. Although available sources do not confirm the property's designer, it is possible Neighbors, a builder since 1946, designed the property as he was known to have included the design of custom houses as part of his building practice between the late 1940s and early 1960s (Santa Ana Register August 21, 1946, December 11, 1948, The Register July 4, 1954, August 30, 1959, December 16, 1962). A review of City of Santa Ana property ownership data shows that Buckheim family, including Robert and Marion K. Buckheim, owned the property until 2009, when it was acquired by Charles and Molly Martin, the property's current owners. B11. Additional Resource Attributes: (List attributes and codes) *1312. References: Ancestry.com. U.S., City Directories, 1822-1995 [database on- line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheet 3 of 4.) B13. Remarks: None *1314. Evaluator: James Williams, City of Santa Ana. *Date of Evaluation: July 18, 2024 (This space reserved for official comments.) Sketch Map --- God y � — L � RIVERA O a �_. Buckheim House 4 1113 West Riviera Drive N 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 4 Resource Name: (Name_of_Structure)) *Recorded by James Williams *Date July 18, 20240 Continuation ❑ Update *P3a. Description (continued): The detached garage, located northeast of the residence, has an appearance and materials generally consistent with those of the residence. Specifically, the rectangular -plan building culminates in a pyramidal roof with shake shingles and is clad entirely in stucco (Figure 7). The glazed, paneled garage door at its primary (south) fagade fronts a long, paved driveway leading to West Riviera Street. There are additionally three standard -size wood doors, two on the east fagade, and one on the north. A single steel casement window is present on the east fagade. *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Buckheim House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch -style home in Santa Ana. Located in West Floral Park, the house cost $35,000 to build in 1956. The recommended categorization is "Contributive" because it is a good example of the Ranch style and contributes to the architectural character of the neighborhood (Santa Ana Municipal Code, Section 30-2.3). Character -defining features of the Buckheim House include, but may not be limited to: generally rectangular plan; asymmetrical primary fagade at the south; moderate -pitch hipped roof with wood shake shingles; broad roof overhang; board -and -batten, stucco, and fieldstone veneer exterior cladding; fieldstone -veneer -clad chimney, integrated planter, and blade wall; wood casement windows; recessed front (south) entrance with fieldstone veneer and board -and -batten cladding; detached garage; covered walkway linking residence and garage and featuring a gable roof shelter with exposed trusswork; front yard lawn with landscaping including mature trees and shrubs, and backyard with landscaping, breeze -block partition, and swimming pool. *1312. References (continued): McAlester, Virginia savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013. Newspapers. com (Santa Ana Register,The Re ister Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: ((Name_of_Structure)) *Recorded by James Williams *Date July 18, 20240 Continuation ❑ Update Additional Fiaures DPR 523L MILLS ACT AGREEMENT 1113 West Riviera Drive Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with -1- MILLS ACT AGREEMENT 1113 West Riviera Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 1113 West Riviera Drive Item Year Improvement 1 2024 Trim and maintain landscaping as necessary to maintain a view of the primary (south) facade from the public right-of-way. 2 2025 Repaint residence and detached garage as part of regular maintenance. 3 2029 Replace in -kind wood shake shingles on the roofs of the residence, garage, and walkway cover. Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 5, 2024 Topic: HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 — Buckheim House (1113 W. Riviera Drive) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2024-07 and Historic Register Categorization No. 2024-05 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Charles A. and Molly H. Martin, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Charles and Molly Martin are requesting approval to designate an existing Ranch -style residence located at 1113 W. Riviera Drive to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch -style house. It is worthy of "Contributive" categorization because a good example of the Ranch style, including its wood shake shingle roofing; exterior cladding consisting of board -and -batten, stucco, and fieldstone veneer, recessed porch, and wood casement windows, among other features. DISCUSSION Project Location and Site Description The subject property is located on the north side of West Rivera Drive in the West Floral Park neighborhood in Santa Ana. The site contains a 2,560-square-foot, Ranch -style residence and detached garage, on a 16,100-square-foot residential lot (Exhibit 3). HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 — Buckheim House (1113 W. Riviera Drive) September 5, 2024 Page 2 Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 68 years old and is a sound example of period architecture. No known code violations exist on record for this property. The Buckheim House is architecturally significant as an intact example of a Ranch -style house in Santa Ana. The original building permit is dated May 26, 1956, and indicates it was built as a single-family residence and garage for owner Robert F. Buckheim for $25,000. The contractor was Hugh M. Neighbors, Jr. Although available sources do not confirm the property's designer, it is possible Neighbors, a builder since 1946, designed the property as he was known to have included the design of custom houses as part of his building practice between the late 1940s and early 1960s (Santa Ana Register August 21, 1946, December 11, 1948, The Register July 4, 1954, August 30, 1959, December 16, 1962). A review of City of Santa Ana property ownership data shows that Buckheim family, including Robert and Marion K. Buckheim, owned the property until 2009, when it was acquired by Charles and Molly Martin, the property's current owners. The Buckheim House is a highly intact example of a one-story, Ranch -style, single-family residence with a detached garage. Constructed on a generally rectangular plan, the residence is capped with a cross -hipped roof with wood shake shingles and moderate to broad eaves. Cladding on the front -facing south facade is principally board -and -batten but also includes fieldstone -veneer wainscoting and within the full height of the recessed porch. Use of such fieldstone cladding is repeated in the exposed internal chimney, an integrated planter on the south facade, and a short blade wall extending toward the driveway. Secondary -facade cladding alternates between stucco and board -and -batten. The front recessed front entrance includes a door with molded paneling and a fanlight, flanked by similar partially glazed panels, all of which appear non -original per visual observation. Windows are wood casements throughout, and have been replaced in -kind at the rear of the house. Also at the rear of the residence, a wood -framed sliding glass HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 — Buckheim House (1113 W. Riviera Drive) September 5, 2024 Page 3 door opens north toward a landscaped backyard featuring a below -ground swimming pool. The residence is adjoined to the detached garage by a covered walkway with a gable -roof structure. The walkway is separated from the adjacent backyard by a breeze - block partition. The detached garage, located northeast of the residence, has an appearance and materials generally consistent with those of the residence. Specifically, the rectangular - plan building culminates in a pyramidal roof with shake shingles and is clad entirely in stucco. The glazed, paneled garage door at its primary (south) facade fronts a long, paved driveway leading to West Riviera Street. There are additionally three standard -size wood doors, two on the east facade, and one on the north. A single steel casement window is present on the east facade. Character -defining features of the Buckheim House include, but may not be limited to: generally rectangular plan; asymmetrical primary facade at the south; moderate -pitch hipped roof with wood shake shingles; broad roof overhang; board -and -batten, stucco, and fieldstone veneer exterior cladding; fieldstone -veneer -clad chimney, integrated planter, and blade wall; wood casement windows; recessed front (south) entrance with fieldstone veneer and board -and -batten cladding; detached garage; covered walkway linking residence and garage and featuring a gable roof shelter with exposed trusswork; front yard lawn with landscaping including mature trees and shrubs, and backyard with landscaping, breeze -block partition, and swimming pool. The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch -style home in Santa Ana. Located in West Floral Park, the house cost $25,000 to build in 1956. The recommended categorization is "Contributive" because it is a good example of the Ranch style and contributes to the architectural character of the neighborhood. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 — Buckheim House (1113 W. Riviera Drive) September 5, 2024 Page 4 • 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: trim and maintain landscaping to preserve the view of the primary (south) fagade from the public right-of-way, repaint as part of regular maintenance, and replace the wood shake shingles on the roofs of the residence, detached garage, and walkway shelter. Staff will ensure that the proposed work will be done sensitively and will maintain the property's character -defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. 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 HRCA No. 2024-07, HRC No. 2024-05, HPPA No. 2024-10 — Buckheim House (1113 W. Riviera Drive) September 5, 2024 Page 5 are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-69 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 $ $1,103.98 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map 4. Copy of Public Notice Submitted By: James Williams, Contract Planner Approved By: Minh Thai, Executive Director of 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. 2024-07 TO PLACE THE PROPERTY LOCATED AT 1113 WEST RIVIERA DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2024-05 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 5, 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. 2024-07) and categorization (Historic Resources Commission Categorization No. 2024-05) of the Buckheim House located at 1113 West Riviera Drive, Santa Ana. B. The Buckheim House is a good example of the Ranch style and was built in 1956. C. The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch -style home in Santa Ana. The house displays characteristics of the Ranch style through its use of smooth varied exterior wall surfaces, including board -and - batten, fieldstone veneer, and stucco; asymmetrical fagade with recessed porch, and wood -casement windows; among other original features. The recommended categorization is "Contributive" because it is a good example of the Ranch style and contributes to the historic and architectural character of its neighborhood (Santa Ana Municipal Code, Section 30-2.2). Character - defining features of the Buckheim House include, but may not be limited to: generally rectangular plan; asymmetrical primary fagade at the south; moderate -pitch hipped roof with wood shake shingles; broad roof overhang; board -and -batten, stucco, and fieldstone veneer exterior cladding; fieldstone -veneer -clad chimney, integrated planter, and blade wall; wood casement windows; recessed front (south) entrance with fieldstone veneer and board -and -batten cladding; detached garage; covered walkway linking residence and garage and featuring a gable roof shelter with exposed trusswork; front yard lawn with landscaping including mature trees and Resolution No. 2024-XX Page 1 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 shrubs, and backyard with landscaping, breeze -block partition, and swimming pool. D. The legal owners of the property are Charles A. and Molly H. Martin, as Co - trustees of the Martin Family Trust, Dated 10/17/2008. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement's term, trimming landscaping at the front of the property to improve visibility of the primary (south) fagade and repainting as a matter of general maintenance. 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-2024-69 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. 2024-07 to place the Buckheim House located at 1113 West Riviera Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2024-05 placing the Buckheim House located at 1113 West Riviera Drive, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Resolution No. 2024-XX Page 2 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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 5t" day of September, 2024. Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: S-f andon 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 September 5, 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 001-171-08 1113 West Riviera Drive THE LAND REFERRED TO Charles A. Martin HEREIN BELOW IS SITUATED and Molly H. IN THE CITY OF SANTA ANA, Martin COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 9 OF THE BATES TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 96, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4 OF TRACT NO. 1740, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 52, PAGE 22, MISCELLANEOUS MAPS, SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1030.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 15' 01' 48" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 5° 23' 01 ", AN ARC DISTANCE OF 96.78 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING Resolution No. 2024-XX Page 5 of 7 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 50 50' 28", AN ARC DISTANCE OF 105.00 FEET TO THE EAST LINE OF SAID LOT 9; THENCE NORTH 0° 43' 50": EAST ALONG SAID EAST LINE, 153.37 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED MAY 7, 1953 IN BOOK 2499, PAGE 412, OFFICIAL RECORDS, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 560.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 30 44' 10" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 110 30' 50" AN ARC DISTANCE OF 112.53 FEET TO A POINT THAT BEARS NORTH 1 ° 47' 50" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 10 47' 50" EAST 147.19 FEET TO SAID 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. 2024-07 and Historic Resources Commission Categorization No. 2024-05 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 1113 West Riviera Drive, historically known as the Buckheim 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 Charles A. Martin and Molly H. Martin, as Co -trustees of the Martin Family Trust, Dated 10/17/2008 (hereinafter collectively referred to as "Owner"), owner of real property located at 1113 W Riviera Drive, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1113 W Riviera Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 20, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of 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 "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 1113 W Riviera Drive 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" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-10) staff report dated September 5, 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. -3- MILLS ACT AGREEMENT 1113 W Riviera Drive 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. 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 -4- MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 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 1113 W. Riviera Drive, Assessor Parcel Number, 001-171-08, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, 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 Owners: Charles A. Martin and Molly H. Martin, Co -Trustees of the Martin Family Trust -5- MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 1113 W Riviera Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. 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 1113 W Riviera Drive 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 r By: BfbUMON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: CHARLES MARTIN TRUSTEE OF THE TRUST By: MOLLY MARTIN TRUSTEE OF THE TRUST MARTIN FAMILY MARTIN FAMILY RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 1113 W Riviera Drive Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 9 OF THE BATES TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 96, OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4 OF TRACT NO. 1740, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 52, PAGE 22, MISCELLANEOUS MAPS, SAID POINT BEING ON A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1030.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 150 01' 48" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 5° 23' 01 ", AN ARC DISTANCE OF 96.78 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5° 50' 28", AN ARC DISTANCE OF 105.00 FEET TO THE EAST LINE OF SAID LOT 9; THENCE NORTH 0° 43' 50": EAST ALONG SAID EAST LINE, 153.37 FEET TO THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED MAY 7, 1953 IN BOOK 2499, PAGE 412, OFFICIAL RECORDS, SAID SOUTHWESTERLY LINE BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 560.00 FEET, THE INITIAL RADIAL LINE AT SAID POINT BEARS SOUTH 3° 44' 10" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 110 30' 50" AN ARC DISTANCE OF 112.53 FEET TO A POINT THAT BEARS NORTH 10 47' 50" WEST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 10 47' 50" EAST 147.19 FEET TO SAID TRUE POINT OF BEGINNING. Assessor's Parcel Number: 001-171-08 -9- EXECUTIVE SUMMARY Buckheim House 1113 West Riviera Drive Santa Ana, CA 92706 NAME Buckheim House REF. NO. ADDRESS 1113 West Riviera Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1956 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930s designs of Southern California architect Cliff May, who sought to reinvent the West's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L- shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Ranch -style home in Santa Ana. The recommended categorization is "Contributive" because it is a good example of the style and contributes to the historical and architectural character of its neighborhood. (Santa Ana Municipal Code, Section 30-2.3 EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. 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 4 Resource name(s) or number (assigned by recorder) Buckheim House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Anaheim Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 1113 West Riviera Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 001-171-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Buckheim House is a highly intact example of a one-story, Ranch -style, single-family residence with a detached garage (Figure 1). Constructed on a generally rectangular plan, the residence is capped with a cross -hipped roof with wood shake shingles and moderate to broad eaves. Cladding on the front -facing south facade is principally board -and -batten but also includes fieldstone -veneer wainscoting and within the full height of the recessed porch (Figure 2). Use of such fieldstone cladding is repeated in the exposed internal chimney, an integrated planter on the south facade, and a short blade wall extending toward the driveway (Figure 3). Secondary -facade cladding alternates between stucco and board -and -batten. The front recessed front entrance includes a door with molded paneling and a fanlight, flanked by similar partially glazed panels, all of which appear non -original per visual observation (Figure 4). Windows are wood casements throughout, and have been replaced in -kind at the rear of the house (Figure 5). Also at the rear of the residence, a wood -framed sliding glass door opens north toward a landscaped backyard featuring a below -ground swimming pool (Figure 6). The residence is adjoined to the detached garage by a covered walkway with a gable -roof structure. The walkway is separated from the adjacent backyard by a breeze -block partition. (See Continuation Sheet 3 of 4.) *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 (south) facade, view northeast, July 2024 *P6. Date Constructed/Age and Sources: ■historic 19561 Original Building Permit *P7. Owner and Address: Charles and Molly Martin 1113 West Riveria Drive Santa Ana, CA 92706 *P8. Recorded by: James Williams City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 3, 2024 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *Resource Name or #: Buckheim House *NRHP Status Code 5S3 B1. Historic Name: Buckheim House B2. Common Name: Same 133. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Ranch *136. Construction History: (Construction date, alterations, and date of alterations): May 28, 1956. Permit to construct a seven room residence and garage. $25,000. July 26, 1956. Permit for plastering. No valuation provided. June 24, 1960. Permit to construct pool by Tahitian Pools. $2,500. June 28, 1999. Permit to remove and replace in kind wood shake roof shingles. $9,800. January 13, 2011. Permit to remodel interior and extend exterior wall of master bedroom within existing roof overhang; remove chimney; replace windows. $54,400. June 5, 2012. Permit to remove and replace in kind wood shake roof shingles on residence and garage. $17,584. Jauary 2, 2014. Permit to replace in -kind four windows at the rear of the residence. $5, 000. *137. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Hugh Neighbor, Jr. (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1956 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Buckheim House is architecturally significant as an intact example of a Ranch -style house in Santa Ana. The original building permit is dated May 26, 1956, and indicates it was built as a single-family residence and garage for owner Robert F. Buckheim for $25,000. The contractor was Hugh M. Neighbors, Jr. Although available sources do not confirm the property's designer, it is possible Neighbors, a builder since 1946, designed the property as he was known to have included the design of custom houses as part of his building practice between the late 1940s and early 1960s (Santa Ana Register August 21, 1946, December 11, 1948, The Register July 4, 1954, August 30, 1959, December 16, 1962). A review of City of Santa Ana property ownership data shows that Buckheim family, including Robert and Marion K. Buckheim, owned the property until 2009, when it was acquired by Charles and Molly Martin, the property's current owners. B11. Additional Resource Attributes: (List attributes and codes) *B12. References: Ancestry.com. U.S., City Directories, 1822-1995 [database on- line]. Lehi, UT, USA: Ancestry. com Operations, Inc., 2011. (See Continuation Sheet 3 of 4.) B13. Remarks: None *1314. Evaluator: James Williams, City of Santa Ana. *Date of Evaluation: July 18, 2024 (This space reserved for official comments.) Sketch Map Q 3 O O DMVE L NVERA O o Buckheim House 4 1113 West Riviera Drive N 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 4 Resource Name: Buckheim House 'Recorded by James Williams *Date July 18, 20240 Continuation ❑ Update *133a. Description (continued): The detached garage, located northeast of the residence, has an appearance and materials generally consistent with those of the residence. Specifically, the rectangular -plan building culminates in a pyramidal roof with shake shingles and is clad entirely in stucco (Figure 7). The glazed, paneled garage door at its primary (south) fagade fronts a long, paved driveway leading to West Riviera Street. There are additionally three standard -size wood doors, two on the east fagade, and one on the north. A single steel casement window is present on the east fagade. *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. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Buckheim House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Buckheim House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Ranch -style home in Santa Ana. Located in West Floral Park, the house cost $35,000 to build in 1956. The recommended categorization is "Contributive" because it is a good example of the Ranch style and contributes to the architectural character of the neighborhood (Santa Ana Municipal Code, Section 30-2.3). Character -defining features of the Buckheim House include, but may not be limited to: generally rectangular plan; asymmetrical primary fagade at the south; moderate -pitch hipped roof with wood shake shingles; broad roof overhang; board -and -batten, stucco, and fieldstone veneer exterior cladding; fieldstone -veneer -clad chimney, integrated planter, and blade wall; wood casement windows; recessed front (south) entrance with fieldstone veneer and board -and -batten cladding; detached garage; covered walkway linking residence and garage and featuring a gable roof shelter with exposed trusswork; front yard lawn with landscaping including mature trees and shrubs, and backyard with landscaping, breeze -block partition, and swimming pool. *1312. References (continued): McAlester, Virginia savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013. Newspapers.com (Santa Ana Register,The Re ister Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name: Buckheim House 'Recorded by James Williams *Date July 18, 20240 Continuation ❑ Update Additional Fiaures: DPR 523L MILLS ACT AGREEMENT 1113 West Riviera Drive Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with -1- MILLS ACT AGREEMENT 1113 West Riviera Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 1113 West Riviera Drive Item Year Improvement 1 2024 Trim and maintain landscaping as necessary to maintain a view of the primary (south) fagade from the public right-of-way. 2 2025 Repaint residence and detached garage as part of regular maintenance. 3 2029 Replace in -kind wood shake shingles on the roofs of the residence, garage, and walkway cover. ORANGE COUNTY REPORTER SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 1113 W Riviera Dr To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 08/26/2024 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $125.40 Total $125.40 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 ..00000ae.ao... OR# 3844808 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: 1113 West Riviera Drive located within the Single Family Residence (R1) zoning district. Project Applicant: Charles & Molly Martin (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2024-07, Historic Register Categorization No. 2024- 05, and Historic Property Preservation Agreement No. 2024-10 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Notice of Exemption, Environmental Review No. 2024-69 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 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. orglpb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments5-sa nta-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https:llsanta- ana.pdmegov.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 or714-667-2790. 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 an espafiol, favor de Hamer a Nuvia Ocampo at (714) 667- 2732. Neu can lien I@c bang tieng Vigt, An dign tho@i cho Tony Lai so (714) 565- 2627 . 8/26/24 OR-3844808# 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: 1113 West Riviera Drive located within the Single Family Residence (R1) zoning district. Project Applicant: Charles & Molly Martin (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2024-07, Historic Register Categorization No. 2024-05, and Historic Property Preservation Agreement No. 2024-10 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Notice of Exemption, Environmental Review No. 2024-69 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 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.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez(aD-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 (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAP M -W.'amti Fes'= 1113 W. Riviera Drive 500 Ft. Buffer Map --ems ._�-. �.� _- _ _a � . Y Lt iirbyt � yr � , �• / �'� - -_. "�' Lam--~ it � �f ice" _ • t .�� Jyl � � jt; ,. �__�- �� ".�'_.' `"� �� "^" irk ., �-* + t c I ,.mil• ' ��t"�u' ,. ^ —ar✓vim fk 14.'. �.3 �:.- �. �L: .. ._ � ,✓mil AK- ��,•;. .t�A ' ` - v = �• .�,, ..t Z � x.. - �., y Viz: ; �. , � t '�„''.. Nit A ME �. 7 1 9 -. ��,�^� r•�' l'f�Y•�'f ! 711 tl7y� !�'r /W 4I, ttk. R .81111E THE y y x d 1 r �., + ,r �.� _. _ `y:S3-.1"�J�'x"�C ....-'t�`'`�A�G��.'ini!.. �A..•-�.'��:r_��Pd�\��^,.�� -I',./.-��i-.�—��+ NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION i i,az 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. Proiect Location: 1113 West Riviera Drive located within the Single Family Residence (R1) zoning district. Proiect Applicant: Charles & Molly Martin (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2024-07, Historic Register Categorization No. 2024-05, and Historic Property Preservation Agreement No. 2024-10 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Notice of Exemption, Environmental Review No. 2024-69 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 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.orq/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.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — 1020, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the e F. meeting. Comments received after the deadline may not be distributed to the Commission but aj 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: httips://santa-ana.lprimegov.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.or4 or 714-667-2790. Note: If you challenge the decision on the above matter, you maybe 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 dien thoai cho Tony Lai so (714) 565-2627. Ik/ 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 Carter L. Sapp and Chelsea N. Sapp, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2312 North Spurgeon 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 2312 North Spurgeon 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 2312 North Spurgeon 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 16, 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 "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 2312 North Spurgeon 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" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-11) staff report dated September 5, 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. -3- MILLS ACT AGREEMENT 2312 North Spurgeon 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. 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 -4- MILLS ACT AGREEMENT 2312 North Spurgeon Street Santa Ana, CA 92706 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 2312 North Spurgeon Street, Assessor Parcel Number, 003-061-11, 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 2312 North Spurgeon Street Santa Ana, CA 92706 Owners: Carter Sapp and Chelsea Sapp 2312 North Spurgeon 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 2312 North Spurgeon 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 By: B DON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 2312 North Spurgeon Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: CARTER SAPP By: CHELSEA SAPP RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 2312 North Spurgeon Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 16 OF TRACT NO. 139, IN BLOCK ` E", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 003-061-11 -9- Exhibit B EXECUTIVE SUMMARY M. Jackson House 2312 North Spurgeon Street Santa Ana, CA 92706 NAME M. Jackson House REF. NO. ADDRESS 2312 North Spurgeon Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Tudor Revival -style home in Santa Ana. The recommended categorization is "Contributive" because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of its neighborhood. isanta Ana iwunicipai t,oae, z:)ecuon su-z.s 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) M. Jackson 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 2312 North Spurgeon Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 003-061-11 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The M. Jackson House is a single-family residence originally built in the Tudor Revival style and augmented with a Mid - Century Modern -style rear addition (Figures 1 and 2). The residence is characterized by an L plan and a complex hip -and - gable roof with a moderate -to -high pitch, composition shingle cladding, and slight eaves. Its exterior is sheathed in rough stucco throughout. On the front (east) facade, a short set of round concrete podium steps approaches the front entrance, which includes a solid wood front door set in a gable end and sheltered by a pan -type metal awning (Figure 3). Windows to the left of the entrance serve as a focal point and feature a tripartite wood -sash assembly, in addition to a pair of narrow, deep-set, diagonally glazed windows (Figures 4 and 5). Elsewhere, windows vary in size and operability, but generally include wood, multi -pane sashes. Most original windows also feature simple molded frame details. Many windows on the east and south fagades are full -height (Figure 6). The rear addition contrasts with the historic front end of the house, exhibiting Mid -Century Modern -style elements, such as a canted exterior corner and exposed heavy rafter beams (Figure 7). Although the addition detracts somewhat from the historical design and feeling of the residence, it relatively small and is minimally visible from the street. Aside from the addition, the house does not include any alterations of note and continues to convey the property's historical Tudor Revival -style elements. (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 (east) facade, view east, July 2024 *P6. Date Constructed/Age and Sources: ■historic 19281 Original Building Permit *P7. Owner and Address: Carter L. and Chelsea N. Sapp 2312 North Spurgeon Street Santa Ana, CA 92706 *P8. Recorded by: James Williams City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 3, 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 (1195) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: M. Jackson House 131. Historic Name: M. Jackson House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): September 11, 1928. Permit to construct residence and garage. $3, 000. December 29, 1936. Reroofing. Valuation unknown. March 1, 1948, Addition of new room (8'x 10). $1,000. July 6, 1953. Workshop and "rumpus room" addition to the garage. $1,000. March 10, 1955. Plastering. Valuation unknown. April 18, 1960. Addition to rear of residence, including a bedroom and a covered deck. $3, 000. April, 1960. Plastering. Valuation unknown. April 22, 1994. Reroof residence with. $5,570. *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: 1928 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The M. Jackson House is architecturally significant as an intact example of a Tudor Revival -style house in Santa Ana. The original building permit is dated September 11, 1928 and indicates it was built as a single-family residence and garage by noted Santa Ana developer Emmet C. Rogers, at a cost of $3, 000. Rogers likely built the property on a speculative basis, as no evidence indicates he ever resided at the property. The original architect is unknown. The earliest known occupants are the family of Maggie and William Logan Jackson, who appear at this address in the 1930 United States Census (Ancestry.com 2002). City building permits, directories, and newspaper articles indicate Maggie resided at the property until her death in 1949 (Santa Ana Register January 7, 1949). The property may have been transferred to the Jackson's granddaughter Vitula, who married Edward W. Singer. In in the 1950s, city directories show, Edward worked as a postal carrier. Singer and Vitula resided at the address together from about 1952 to as late as 1960 (The Register August 13, 1952, city directory 1960). During his time living at this address, Edward secured building permits for the construction of the rear additions to the residence and garage. State marriage records show, in 1980, Vitula married Ernest D. Schellenberg, whose last name appears in a city building permit for this property issued in 1982 (Ancestry.com 2007). City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owners, Carter and Chelsea Sapp. (See Continuation Sheet 3) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: Ancestry.com. U.S., City Directories, 1822-1995 [database on- line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheet 4 of 5.) B13. Remarks: None *1314. Evaluator: James Williams, City of Santa Ana. *Date of Evaluation: July 18, 2024 (This space reserved for official comments.) Sketch Map <�oT _ o M. Jac, House 2312 N. Spurgeon Street ,G) o Q 0 t� N SANTA CLARA AVENUE e V) m tL N 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 James Williams *Date July 15, 20240 Continuation ❑ Update *P3a. Description (continued): The detached garage is located at the southwest of the residence. It has a long rectangular plan, gabled roof with asphalt shingle cladding, and stucco siding throughout. On the east fagade, the board -and -batten swing -up garage door faces a concrete driveway, which leads to north Spurgeon Street (Figure 8). While its front (east) end does not reflect the influence of any discernible architectural style, the rear echoes the Mid -Century Modern styling of the rear addition to the residence. This is most evident in the large window assembly on the south fagade, which is characterized by its grid form and heavy wood mullions, in addition to two separate ribbons of steel casement windows, which provide a horizontal emphasis characteristic of architectural Modernism (Figure 9). Additional features of the garage include a glazed French and glazed standard -size door, both on the south fagade. The front yard is landscaped with a lawn and mature trees and shrubs. Tracing the front property line is a wood post -and -rail fence, which visual observation suggests is not original to the property. *1310. Significance (continued): City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owners, Carter and Chelsea Sapp. The M. Jackson House is located in the Park Santiago neighborhood, an area bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single- family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War ll. The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Tudor Revival -style residence in Santa Ana. Located in Park Santaiago, the house cost $3,000 to build in 1928. The recommended categorization is "Contributive" because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of the neighborhood (Santa Ana Municipal Code, Section 30-2.3). Character -defining features of the M. Jackson House include, but may not be limited to: L-shaped plan; asymmetrical primary fagade at the east; complex roof with hipped and high-pitched gabled elements; minimal roof overhang with boxed eaves; moderately rough stucco siding; brick external chimney; full -height, multi -pane, wood -sash windows; tripartite focal window with central fixed pane and flanking multi -pane wood sashes; recessed, diamond -glazed located adjacent to the front entrance and to the focal window; gables with wood -plank siding; main entrance set within in a small gable and accessible by two curved concrete steps; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *B12. References (continued): . 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. 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 James Williams *Date July 15, 20240 Continuation ❑ Update . Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. . California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. City of Santa Ana Building Permits McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013. Newspapers. com (Santa Ana Daily Register, The Register) Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Sanborn maps. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Additional Figure 2. Overview of front (east) and secondary (north) fagades, showing complex hip -and -gable roof form and full -height window, facing southwest. Figure 4. At the front (east) facade, the tripartite focal window consists of a central fixed wood sash flanked by operable multi -pane, wood -sash windows, facing west. Figure 3. At the front (east) facade, the solid wood front door is set into a small gabled projection and accessed via round podium steps; a full -height, multi -pane window faces the porch from the south facade, facing northwest. Figure 5. At the front (east) facade, immediately left of the focal window, two diamond -glazed leaded windows are recessed into a front -gabled projection, facing northwest. 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 James Williams *Date July 15, 20240 Continuation ❑ Update Figure 7. Overview of rear (west) fagade, featuring Mid - Figure 6. On the south fagade, representative full -height, Century Modern -style addition, facing east. multi -pane, wood -sash windows face the front yard, facing northeast. --�Lis owl r Figure 8. The detached garage is located southwest of Figure 9. The north fagade of the grage features a grid of the residence. At the front (east) fagade, a board -and- fixed -pane windows and steel casement windows, in batten swing -up garage door opens toward the driveway, addition to French and standard entry doors, facing facing west. southeast. DPR 523L MILLS ACT AGREEMENT 2312 North Spurgeon 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, and such design is compatible with -1- MILLS ACT AGREEMENT 2312 North Spurgeon 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") 2312 North Spurgeon Street Item Year Improvement 1 2024 Trim trees and landscaping and maintain their condition as necessary to ensure a clear view of the primary (east) facade from the public right-of-way. 3 2025 Landscaping back yard, including the replacement of the damaged rear walkway, removal of plants, and planting limited new lawn 4 2026 Replace non -compatible back door and any non -compatible windows at the rear addition of the residence. Planning and Building Agency Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 5, 2024 Topic: HRCA No. 2024-09 HRC No. 2024-06, HPPA No. 2024-11 — M. Jackson House (2312 North Spurgeon Street) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2024-09 and Historic Register Categorization No. 2024-06 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Carter and Chelsea Sapp, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Carter and Chelsea Sapp are requesting approval to designate an existing Tudor Revival - style residence located at 2312 North Spurgeon 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 a Tudor Revival -style house. It is worthy of "Contributive" categorization because it is a good example of the Tudor Revival style, including its smooth asymmetrical fagade, complex hip -and -gable roof, and diagonal glazed windows, among other features. DISCUSSION Project Location and Site Description The subject property is located on the west side of North Spurgeon Street in the Park Santiago neighborhood in Santa Ana. The site contains a 1,575-square-foot, Tudor Revival -style residence and detached garage on an 8,250-square-foot residential lot (Exhibit 3). HRCA No. 2024-09, HRC No. 2024-06, HPPA No. 2024-11 — M. Jackson House (2312 North Spurgeon Street) September 5, 2024 Page 2 Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 96 years old and is a sound example of period architecture. No known code violations exist on record for this property. The M. Jackson House is architecturally significant as an intact example of a Tudor Revival -style house in Santa Ana. The original building permit is dated September 11, 1928 and indicates it was built as a single-family residence and garage by noted Santa Ana developer Emmet C. Rogers, at a cost of $3,000. Rogers likely built the property on a speculative basis, as no evidence indicates he ever resided at the property. The original architect is unknown. The earliest known occupants are the family of Maggie and William Logan Jackson, who appear at this address in the 1930 United States Census (Ancestry.com 2002). City building permits, directories, and newspaper articles indicate Maggie resided at the property until her death in 1949 (Santa Ana Register January 7, 1949). The property may have been transferred to the Jackson's granddaughter Vitula, who married Edward W. Singer. In in the 1950s, directories show Edward worked as a postal carrier. Singer and Vitula resided at the address together from about 1952 to as late as 1960 (The Register August 13, 1952, City directory 1960). During his time living at this address, Edward secured building permits for the construction of the rear additions to the residence and garage. State marriage records show that in 1980, Vitula married Ernest D. Schellenberg, whose last name appears on a building permit for this property issued in 1982 (Ancestry.com 2007). City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owner, Chelsea Sapp. The M. Jackson House is a single-family residence originally built in the Tudor Revival style and augmented with a Mid -Century Modern -style rear addition. The residence is characterized by an L plan and a complex hip -and -gable roof with a moderate -to -high HRCA No. 2024-09, HRC No. 2024-06, HPPA No. 2024-11 — M. Jackson House (2312 North Spurgeon Street) September 5, 2024 Page 3 pitch, composition shingle cladding, and slight eaves. Its exterior is sheathed in rough stucco throughout. On the front (east) fagade, a short set of round concrete podium steps approaches the front entrance, which includes a solid wood front door set into a gable end and sheltered by a pan -type metal awning. Windows to the left of the entrance serve as a focal point and feature a tripartite wood -sash assembly, in addition to a pair of narrow, deep-set, diagonally glazed windows. Elsewhere, windows vary in size and operability, but generally include wood, multi -pane sashes. Most original windows also feature simple molded frame details. Many windows on the east and south fagades are full -height. The rear 1960 addition contrasts with the historic front end of the house, exhibiting Mid -Century Modern -style elements, such as a canted exterior corner and exposed heavy rafter beams. Although the addition detracts somewhat from the historical design and feeling of the residence, it relatively small and is minimally visible from the street. Aside from the addition, the house does not include any alterations of note and continues to convey the property's historical Tudor Revival -style elements. The detached garage is located at the southwest of the residence. It has a long rectangular plan, gabled roof with asphalt shingle cladding, and stucco siding throughout. On the east fagade, the board -and -batten swing -up garage door faces a concrete driveway, which leads to north Spurgeon Street. While its front (east) end does not reflect the influence of any discernible architectural style, the rear echoes the Mid -Century Modern styling of the rear addition to the residence. This is most evident in the large window assembly on the south fagade, which is characterized by its grid form and heavy wood mullions, in addition to two separate ribbons of steel casement windows, which provide a horizontal emphasis characteristic of architectural Modernism. Additional features of the garage include a glazed French and glazed standard -size door, both on the south fagade. The front yard is landscaped with a lawn and mature trees and shrubs. Tracing the front property line is a wood post -and -rail fence, which visual observation suggests is not original to the property. Character -defining features of the M. Jackson House include, but may not be limited to: L-shaped plan; asymmetrical primary (east) fagade; complex roof with hipped and high- pitched gabled elements; minimal roof overhang with boxed eaves; moderately rough stucco siding; brick external chimney; full -height, multi -pane, wood -sash windows; tripartite focal window with central fixed pane and flanking multi -pane wood sashes; recessed, diamond -glazed located adjacent to the front entrance and to the focal window; gables with wood -plank siding; main entrance set within in a small gable and accessible by two curved concrete steps; detached garage; and front yard lawn with landscaping including mature trees and shrubs. The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Tudor Revival -style house in Santa Ana. The recommended categorization is "Contributive" HRCA No. 2024-09, HRC No. 2024-06, HPPA No. 2024-11 — M. Jackson House (2312 North Spurgeon Street) September 5, 2024 Page 4 because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of the neighborhood. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • A mechanism to provide for property rehabilitation • Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan. Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: repair trim as needed. Staff also proposes the following improvements: including removing the non -compatible rear door and rear window, trimming and maintaining trimmed condition of landscaping and trees at the front of the property, landscaping the back yard, and updating the garage. 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 HRCA No. 2024-09, HRC No. 2024-06, HPPA No. 2024-11 — M. Jackson House (2312 North Spurgeon Street) September 5, 2024 Page 5 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 Park Santiago Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-68 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 $1,474.94 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map 4. Copy of Public Notice Submitted By: James Williams, Contract 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. 2024-09 TO PLACE THE PROPERTY LOCATED AT 2312 NORTH SPURGEON STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2024-06 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On September 5, 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. 2024-09) and categorization (Historic Resources Commission Categorization No. 2024-06) of the M. Jackson House located at 2312 North Spurgeon Street, Santa Ana. B. The M. Jackson House has distinctive architectural features of the Tudor Revival style and was built in 1928. C. The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Tudor Revival -style home in Santa Ana. The house displays characteristics of the Tudor Revival style through its use of complex hip -and -gable roof and asymmetrical fagade, among other original features. The recommended categorization is "Contributive" because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of its neighborhood (Santa Ana Municipal Code, Section 30-2.3). Character - defining features of the M. Jackson House include, but may not be limited to: T-shaped plan; L-shaped plan; asymmetrical primary fagade at the east; complex roof with hipped and high-pitched gabled elements; minimal roof overhang with boxed eaves; moderately rough stucco siding; brick external chimney; full -height, multi -pane, wood -sash windows; tripartite focal window with central fixed pane and flanking multi -pane wood sashes; recessed, diamond -glazed located adjacent to the front entrance and to the focal window; gables with wood -plank siding; main entrance set within in a small gable and accessible by two curved concrete steps; detached garage; and front yard lawn with landscaping including mature trees and shrubs. Resolution No. 2024-XX Page 1 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 D. The legal owners of the property are Carter L. Sapp and Chelsea N. Sapp E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimum standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement's term, including removing the non -compatible rear door and rear window, trimming and maintaining trimmed condition of landscaping and trees at the front of the property, landscaping the back yard, and updating the garage. 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-2024-68 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. 2024-09 to place the M. Jackson House located at 2312 North Spurgeon Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2024-06 placing the M. Jackson House located at 2312 North Spurgeon Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Resolution No. 2024-XX Page 2 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 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 5th day of September, 2024. Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ndon Salvatierra Deputy City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members Resolution No. 2024-XX Page 3 of 6 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 September 5, 2024. Date: Nuvia Ocampo Commission Secretary City of Santa Ana Resolution No. 2024-XX Page 4 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 003-061-11 2312 North Spurgeon THE LAND REFERRED TO Carter L. Sapp Street HEREIN BELOW IS SITUATED and Chelsea N. IN THE CITY OF SANTA ANA, Sapp COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 16 OF TRACT NO. 139, IN BLOCK "E", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2024-XX Page 5 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2024-09 and Historic Resources Commission Categorization No. 2024-06 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: 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 2312 North Spurgeon Street, historically known as the M. Jackson 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 6 of 6 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 Carter L. Sapp and Chelsea N. Sapp, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2312 North Spurgeon 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 2312 North Spurgeon 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 2312 North Spurgeon Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 20, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of 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 "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 2312 North Spurgeon 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" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-11) staff report dated September 5, 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. -3- MILLS ACT AGREEMENT 2312 North Spurgeon 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. 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 -4- MILLS ACT AGREEMENT 2312 North Spurgeon Street Santa Ana, CA 92706 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 2312 North Spurgeon Street, Assessor Parcel Number, 003-061-11, 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 2312 North Spurgeon Street Santa Ana, CA 92706 Owners: Carter Sapp and Chelsea Sapp 2312 North Spurgeon 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 2312 North Spurgeon 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 i '.- 5 D • Deputy City Attorney MILLS ACT AGREEMENT 2312 North Spurgeon Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ City Manager By: CARTER SAPP By: CHELSEA SAPP RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 2312 North Spurgeon Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 16 OF TRACT NO. 139, IN BLOCK ` E", IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 003-061-11 -9- EXECUTIVE SUMMARY M. Jackson House 2312 North Spurgeon Street Santa Ana, CA 92706 NAME M. Jackson House REF. NO. ADDRESS 2312 North Spurgeon Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of Tudor Revival -style home in Santa Ana. The recommended categorization is "Contributive" because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of its neighborhood. mania Ana iwumcmai toae. becuon su-z.s 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) M. Jackson 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 2312 North Spurgeon Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 003-061-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The M. Jackson House is a single-family residence originally built in the Tudor Revival style and augmented with a Mid - Century Modern -style rear addition (Figures 1 and 2). The residence is characterized by an L plan and a complex hip -and - gable roof with a moderate -to -high pitch, composition shingle cladding, and slight eaves. Its exterior is sheathed in rough stucco throughout. On the front (east) facade, a short set of round concrete podium steps approaches the front entrance, which includes a solid wood front door set in a gable end and sheltered by a pan -type metal awning (Figure 3). Windows to the left of the entrance serve as a focal point and feature a tripartite wood -sash assembly, in addition to a pair of narrow, deep-set, diagonally glazed windows (Figures 4 and 5). Elsewhere, windows vary in size and operability, but generally include wood, multi -pane sashes. Most original windows also feature simple molded frame details. Many windows on the east and south fagades are full -height (Figure 6). The rear addition contrasts with the historic front end of the house, exhibiting Mid -Century Modern -style elements, such as a canted exterior corner and exposed heavy rafter beams (Figure 7). Although the addition detracts somewhat from the historical design and feeling of the residence, it relatively small and is minimally visible from the street. Aside from the addition, the house does not include any alterations of note and continues to convey the property's historical Tudor Revival -style elements. (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 P5a. Photo P5b. Photo: (view and date) (Figure 1) Primary (east) facade, view east, July 2024 *P6. Date Constructed/Age and Sources: ■historic 19281 Original Building Permit *P7. Owner and Address: Carter L. and Chelsea N. Sapp 2312 North Spurgeon Street Santa Ana, CA 92706 *P8. Recorded by: James Williams City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 3, 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 *NRHP Status Code 5S3 *Resource Name or #: M. Jackson House B1. Historic Name: M. Jackson House B2. Common Name: Same 133. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): September 11, 1928. Permit to construct residence and garage. $3,000. December 29, 1936. Reroofing. Valuation unknown. March 1, 1948, Addition of new room (8' x 10). $1,000. July 6, 1953. Workshop and "rumpus room" addition to the garage. $1,000. March 10, 1955. Plastering. Valuation unknown. April 18, 1960. Addition to rear of residence, including a bedroom and a covered deck. $3, 000. April, 1960. Plastering. Valuation unknown. April 22, 1994. Reroof residence with. $5,570. *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: 1928 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The M. Jackson House is architecturally significant as an intact example of a Tudor Revival -style house in Santa Ana. The original building permit is dated September 11, 1928 and indicates it was built as a single-family residence and garage by noted Santa Ana developer Emmet C. Rogers, at a cost of $3,000. Rogers likely built the property on a speculative basis, as no evidence indicates he ever resided at the property. The original architect is unknown. The earliest known occupants are the family of Maggie and William Logan Jackson, who appear at this address in the 1930 United States Census (Ancestry.com 2002). City building permits, directories, and newspaper articles indicate Maggie resided at the property until her death in 1949 (Santa Ana Register January 7, 1949). The property may have been transferred to the Jackson's granddaughter Vitula, who married Edward W. Singer. In in the 1950s, city directories show, Edward worked as a postal carrier. Singer and Vitula resided at the address together from about 1952 to as late as 1960 (The Register August 13, 1952, city directory 1960). During his time living at this address, Edward secured building permits for the construction of the rear additions to the residence and garage. State marriage records show, in 1980, Vitula married Ernest D. Schellenberg, whose last name appears in a city building permit for this property issued in 1982 (Ancestry.com 2007). City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owners, Carter and Chelsea Sapp. (See Continuation Sheet 3) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: Ancestry.com. U.S., City Directories, 1822-1995 [database on- line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheet 4 of 5.) B13. Remarks: None *1314. Evaluator: James Williams, City of Santa Ana. *Date of Evaluation: July 18, 2024 (This space reserved for official comments.) Sketch Map C° �' - o M.Jackson House v 2312 N. Spurgeon Street 'z (D y o � L SANTA CLARA AVENUE e N 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: M.Jackson House 'Recorded by James Williams *Date July 15, 20240 Continuation ❑ Update *P3a. Description (continued): The detached garage is located at the southwest of the residence. It has a long rectangular plan, gabled roof with asphalt shingle cladding, and stucco siding throughout. On the east fagade, the board -and -batten swing -up garage door faces a concrete driveway, which leads to north Spurgeon Street (Figure 8). While its front (east) end does not reflect the influence of any discernible architectural style, the rear echoes the Mid -Century Modern styling of the rear addition to the residence. This is most evident in the large window assembly on the south fagade, which is characterized by its grid form and heavy wood mullions, in addition to two separate ribbons of steel casement windows, which provide a horizontal emphasis characteristic of architectural Modernism (Figure 9). Additional features of the garage include a glazed French and glazed standard -size door, both on the south fagade. The front yard is landscaped with a lawn and mature trees and shrubs. Tracing the front property line is a wood post -and -rail fence, which visual observation suggests is not original to the property. *1310. Significance (continued): City property records show Vitula continued to own the residence until 2003. She was succeeded by Miles Erlich and the current owners, Carter and Chelsea Sapp. The M. Jackson House is located in the Park Santiago neighborhood, an area bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single- family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War Il. The M. Jackson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of an Tudor Revival -style residence in Santa Ana. Located in Park Santaiago, the house cost $3,000 to build in 1928. The recommended categorization is "Contributive" because it is a good example of the Tudor Revival style and contributes to the historical and architectural character of the neighborhood (Santa Ana Municipal Code, Section 30-2.3). Character -defining features of the M. Jackson House include, but may not be limited to: L-shaped plan; asymmetrical primary fagade at the east; complex roof with hipped and high-pitched gabled elements; minimal roof overhang with boxed eaves; moderately rough stucco siding; brick external chimney; full -height, multi -pane, wood -sash windows; tripartite focal window with central fixed pane and flanking multi -pane wood sashes; recessed, diamond -glazed located adjacent to the front entrance and to the focal window; gables with wood -plank siding; main entrance set within in a small gable and accessible by two curved concrete steps; detached garage; and front yard lawn with landscaping including mature trees and shrubs. *1312. References (continued): . 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: M.Jackson House 'Recorded by James Williams *Date July 15, 2024❑x Continuation ❑ Update . Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012. . California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007. City of Santa Ana Building Permits McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013. Newspapers. com (Santa Ana Daily Register, The Register) Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Sanborn maps. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Additional Figures: Figure 2. Overview of front (east) and secondary (north) fagades, showing complex hip -and -gable roof form and Figure 3. At the front (east) fagade, the solid wood front full -height window, facing southwest. door is set into a small gabled projection and accessed via round podium steps; a full -height, multi -pane window faces the porch from the south fagade, facing northwest. IN Figure 4. At the front (east) fagade, the tripartite focal window consists of a central fixed wood sash flanked by operable multi -pane, wood -sash windows, facing west. Figure 5. At the front (east) fagade, immediately left of the focal window, two diamond -glazed leaded windows are recessed into a front -gabled projection, facing northwest. DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: M.Jackson House 'Recorded by James Williams "Date July 15, 20240 Continuation ❑ Update Y� " ®il a$` Figure 7. Overview of rear (west) fagade, featuring Mid - Figure 6. On the south fagade, representative full -height, Century Modern -style addition, facing east. multi -pane, wood -sash windows face the front yard, facing northeast. 000 1 tj 001 R -__ j 7 Figure 8. The detached garage is located southwest of Figure 9. The north fagade of the grage features a grid of the residence. At the front (east) fagade, a board -and- fixed -pane windows and steel casement windows, in batten swing -up garage door opens toward the driveway, addition to French and standard entry doors, facing facing west. southeast. DPR 523L MILLS ACT AGREEMENT 2312 North Spurgeon 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, and such design is compatible with -1- MILLS ACT AGREEMENT 2312 North Spurgeon 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") 2312 North Spurgeon Street Item Year Improvement 1 2024 Trim trees and landscaping and maintain their condition as necessary to ensure a clear view of the primary (east) fagade from the public right-of-way. 3 2025 Landscaping back yard, including the replacement of the damaged rear walkway, removal of plants, and planting limited new lawn 4 2026 Replace non -compatible back door and any non -compatible windows at the rear addition of the residence. H RCA NO. 2024-09, H RC NO. 2024-06, H P PA NO. 2024-11 2312 N. SPURGEON STREET M. JACKSON HOUSE PLANNING AND BUILDING AGENCY ORANGE COUNTY REPORTER SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 2312 N. Spurgeon St To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 08/26/2024 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $125.40 Total $125.40 Daily Journal Corporation Serving your legal advertising needs throughout California. ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 2874866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 2724747 ..00000ae.ao,=. OR# 3844811 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: 2312 North Spurgeon Street located within Single Family Residence (R1) zoning district. Project Applicant: Carter and Chelsea Sapp (Applicants & Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application (HRCA) No. 2024-09, Historic Register Categorization (HRC) No. 2024-06, and Historic Property Preservation Agreement (HPPA) No. 2024-11 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreements 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. Notice of Exemption, Environmental Review No. 2024-68 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 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. orglpb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments5-sa nta- ana.org(reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https:llsanta- ana.pdmegov.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 or714-667-2790. 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 an espafiol, favor de Hamer a Nuvia Ocampo at (714) 667- 2732. Neu can lien I@c bang tieng Vigt, An dign tho@i cho Tony Lai so (714) 565- 2627 . 8/26/24 OR-3844811# 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: 2312 North Spurgeon Street located within Single Family Residence (R1) zoning district. Project Applicant: Carter and Chelsea Sapp (Applicants & Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application (HRCA) No. 2024-09, Historic Register Categorization (HRC) No. 2024-06, and Historic Property Preservation Agreement (HPPA) No. 2024-11 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreements 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. Notice of Exemption, Environmental Review No. 2024-68 will be filed for this project. Meeting Details: This matter will be heard on Thursday, September 5, 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.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Pedro Gomez with the Planning and Building Agency at PGomez(aD-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 (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAP 2312 N. Spurgeon Street _ 00 Ft. Buffer Map y NOTICE OF PUBLIC HEARING BEFORE THE --MANTA 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 I group. Project Location: 2312 North Spurgeon Street located within Single Family Residence (R1) zoning district. Project Applicant: Carter and Chelsea Sapp (Applicants & Property Owners) j' Project Description: Applicants are requesting approval of Historic Resources Commission 191 15.pplication (HRCA) No. 2024-09, Historic Register Categorization (HRC) No. 2024-06, and Historic Property Preservation Agreement (HPPA) No. 2024-11 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Contributive" for the above mentioned property and to execute a Historic Property Preservation Agreements with the City i 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. Notice of Exemption, Environmental Review No. 2024-68 will be filed for this project. i Meeting Details: This matter will be heard on Thursday, September 5, 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 ora/pb/meeting-Participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments ansanta-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m, on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: htt s //santa ana primeaov com/public/portal. To Contact For Questions: Should you have any questions, please contact Pedro Gomez Who with the Planning and Building Agency at PGomezta�santa-ana.or4 or limited to Note: If you challenge the decision on the above matter, you maybe limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written _ +v o Historic Resources Commission or City Council of the City of Ilamar a Nuvia Ocampo al (714) 667-2732• , ien thoai cho Tony Lai so (714) 565-2627. 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 Jennifer Mary Schutza, an unmarried woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 1106 South Parton 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 1106 South Parton Street, Santa Ana, California, Santa Ana, CA, 92707 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on October 16, 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 1106 South Parton Street Santa Ana, CA 92707 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 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. 2024-12) staff report dated September 5, 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 1106 South Parton Street Santa Ana, CA 92707 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 1106 South Parton Street Santa Ana, CA 92707 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1106 South Parton Street, Santa Ana, California, Assessor Parcel Number, 013-092-16, 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: Jennifer Mary Schutza 1106 South Parton Street Santa Ana, CA 92707 -5- MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall 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 1106 South Parton Street Santa Ana, CA 92707 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 1 By: B ON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 CITY OF SANTA ANA ALVARO NUNEZ City Manager JENNIFER MAY SCHUTZA RECOMMENDED FOR APPROVAL: Q MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 EXHIBIT A LEGAL DESCRIPTION LOT 2 OF BLOCK A OF TRACT NO. 869, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 26, PAGE 29 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERAL AND OTHER HYDROCARBONS, AS RESERVED IN INSTRUMENTS OF RECORD. Assessor's Parcel Number: 013-092-16 -9- Exhibit B State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Other Listings Review Code Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) Whitten House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1667 Date: *c. Address 1106 South Parton Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number 013-092-16 N TR 869 BLK A LOT 2 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Strong horizontal lines and exposed structural elements keynote the design of this one-story Craftsman bungalow. The extremely low-pitched roof is arranged in a cross -gabled configuration, with two gables facing front and an extended side gable topping a continuous front porch and porte cochere. Braces are exposed in the overhanging eaves; rafter tails have been cut off. Truncated pillars sitting on heavy tapered piers support the porch roof. An elaborate design of brackets and beams braced with repeated vertical posts carries the roof superstructure. The porch space is further defined by a wood slat railing punctuated by a tapered pedestal. Clapboard of alternating heights sheathes the building. Two large, fixed windows, each banded by a row of rectangular lights across the top, face the street. The entry is located at the south end of the porch. All of the openings feature extended headers, which reinforce the horizontal theme of the design. Other than the removal of the rafter tails, the bungalow appears unaltered since its move to this location in 1929. *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 September 2003 *P6. Date Constructed/Age and Sources: ■historic Circa 1920 *P7. Owner and Address: Albar and Judith C. Velasco 1106 South Parton Street Santa Ana, CA 92707 *P8. Recorded by: Leslie J. Neumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: October 1, 2003 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ❑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 4 *NRHP Status Code 5S1 *Resource Name or #: Whitten House B1. Historic Name: Whitten House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1920. August 26, 1929. Relocate residence. September 7, 1943. Reroof. December 6, 1976. Patio cover. *137. Moved? ❑No ■Yes ❑Unknown Date: August 26, 1929 Original Location: Unknown *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Whitten House is architecturally significant as the best example of the Craftsman style in the Wilshire Square neighborhood. According to previous research (Wilshire Square Neighborhood Association, 1990), it was constructed around 1920. The bungalow was moved in 1929 from an unknown location to its current site, a lot in Wilshire Square purportedly purchased for $10.00, by Roy Langley, a resident of Cypress Avenue and proprietor of Langley Oil Company. The first occupants following relocation were Herbert and Gladys Whitten. Mr. Whitten was a meat cutter for E. R. Urbine in the Grand Central Market. In 1931, Lawrence Brown, a salesman, and his wife, Ferne, took up residence in the bungalow. Featured in the 1990 Wilshire Square Historic Home Tour, the property also contains three walnut trees in the back yard, a reminder of the earlier agricultural use of the Wilshire Square area. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: October 1, 2003 (This space reserved for official comments.) Sketch Map Whitten House 1106 South Parton Street -45' 37.33' 4LIT M5.5v TR T 15 r @114 ? �3 2 a 77 { .5 4 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 4 Resource Name or # (Assigned by recorder) Whitten House *Recorded by Leslie J. Heumann, SAIC "Date October 1, 2003 0 Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods initially developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Whitten House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K. Hanson, 0Brien, and Lewis. Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1, 875.00 boasted "five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Register, April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for "courts and apartments, " apparently as a buffer for the "neighborhood business" zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War II. Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War II building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997. The Whitten House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period. " It is a well -executed illustration of the horizontal massing and detailing, materials, and exposed structural features associated with the Craftsman era. Additionally, the house has been categorized as "Key" for its distinctive architectural style and quality as an example of the Craftsman style. Character defining exterior features of the Whitten House that should be preserved include, but may not be limited to: materials and finishes (wood, clapboard, stucco); roof configuration and treatment; massing and composition; original doors and windows; porch and porte cochere; and architectural detailing (porch supports, beams and braces, window surrounds). DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Whitten House *Recorded by Leslie J. Heumann, SAIC "Date October 1, 2003 0 Continuation ❑ Update *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources. " Sacramento: March 1995. Historic maps in the collection of the History Room of the Santa Ana Public Library. Santa Ana and Orange County Directories, 1905-1931. Santa Ana Reqister, April 12, 1923. "Vintage Santa Ana Right On Track." The Reqister, January 13, 1990. "Neighbors Gear Up For Big Project. " Los Angeles Times, August 6, 1992. "Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times, October 5, 1996. "Wilshire Square —A Profile in Pride of Ownership." City Line, July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www.wilshiresquare.com www. geocities. com/Heartland/3383/aia. htm DPR 523L MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 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, and such design is compatible with -1- MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 1106 South Parton Street Item Year Improvement 1 2024 Landscape improvements: Trimming of all of the foliage on the street -facing portions of the property, and enhancement of lawn maintenance. 2 2025 Landscape improvements: Trimming of all of the trees on the property. Trim overgrown foliage throughout the remaining yard areas. 3 2026 Repair all deteriorated areas of wood eaves. 4 2028 Repaint house. 5 2030 Preserve/restore exterior wood elements 6 2034 Repair wood siding along the north elevation of the detached garage, located towards the rear of the property Planning and Building Agency Item # c City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report September 5, 2024 Topic: HPPA No. 2024-12 — The Whitten House (1106 South Parton 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 Jennifer Schutza for the property located at 1106 South Parton Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Jennifer Schutza is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 1106 South Parton 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 Whitten House, consists of an existing one-story Craftsman bungalow style residence that is approximately 1,125 square feet in size on a 6,100-square-foot residential lot. The Whitten House was added to the Santa Ana Register of Historical Properties ("Register") in 2003 and 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. 2024-12 — The Whitten House (1106 South Parton Street) September 5, 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 2003, the Historic Resources Commission placed the Whitten 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 Whitten House that should be preserved include, but may not be limited to: materials and finishes (wood, clapboard, stucco); roof configuration and treatment; massing and composition; original doors and windows; porch and porte-cochere; and architectural detailing (porch supports, beams and braces, window surrounds). The property was briefly owned by the City of Santa Ana in 2009. In August 2009, residential alteration applications were approved by the Planning and Building Agency (PBA) for the following exterior modifications: reroof house and attached garage, removing existing composition shingles and replacing them in -kind; change -out (11) windows and front and rear doors; and wood porch posts replaced with redwood or pressure -treated wood. All work was finalized in September 2009 and all exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. The property was subsequently sold the current property owner in April 2010. 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 homeowner during the initial ten years of the Mills Act Agreement include the repair of all deteriorated areas of the wood eaves and repainting of the residence. 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 required Work Plan, staff is recommending additional improvements, including landscape improvements (e.g., trimming of all of the trees around the property, trim overgrown foliage throughout the front yard and rear yard, etc.), preserve/restore exterior wood elements, and repair wood siding along the north elevation of the detached garage, located towards the rear of the 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. 2024-12 — The Whitten House (1106 South Parton Street) September 5, 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. 2024-70, 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 $407.48 annually, for a period of not less than ten years. EXHIBIT(S) 1. Mills Act Agreement 2. Vicinity Map — 1106 South Parton Street 3. Site Photos — 1106 South Parton Street 4. Action Minutes HRC (1106 South Parton Street) Submitted By: James Williams, Contract 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 Jennifer Mary Schutza, an unmarried woman, (hereinafter collectively referred to as "Owner"), owner of real property located at 1106 South Parton 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 1106 South Parton Street, Santa Ana, California, Santa Ana, CA, 92707 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 20, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of 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 1106 South Parton Street Santa Ana, CA 92707 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. 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. 2024-12) staff report dated September 5, 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 1106 South Parton Street Santa Ana, CA 92707 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 1106 South Parton Street Santa Ana, CA 92707 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1106 South Parton Street, Santa Ana, California, Assessor Parcel Number, 013-092-16, 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: Jennifer Mary Schutza 1106 South Parton Street Santa Ana, CA 92707 -5- MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall 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 1106 South Parton Street Santa Ana, CA 92707 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 1106 South Parton Street Santa Ana, CA 92707 CITY OF SANTA ANA ALVARO NUNEZ City Manager JENNIFER MAY SCHUTZA RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency -8- MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 EXHIBIT A LEGAL DESCRIPTION LOT 2 OF BLOCK A OF TRACT NO. 869, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 26, PAGE 29 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERAL AND OTHER HYDROCARBONS, AS RESERVED IN INSTRUMENTS OF RECORD. Assessor's Parcel Number: 013-092-16 -9- State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial NRHP Status Other Listings Review Code Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) Whitten House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1667 Date: *c. Address 1106 South Parton Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number 013-092-16 N TR 869 BLK A LOT 2 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Strong horizontal lines and exposed structural elements keynote the design of this one-story Craftsman bungalow. The extremely low-pitched roof is arranged in a cross -gabled configuration, with two gables facing front and an extended side gable topping a continuous front porch and porte cochere. Braces are exposed in the overhanging eaves; rafter tails have been cut off. Truncated pillars sitting on heavy tapered piers support the porch roof. An elaborate design of brackets and beams braced with repeated vertical posts carries the roof superstructure. The porch space is further defined by a wood slat railing punctuated by a tapered pedestal. Clapboard of alternating heights sheathes the building. Two large, fixed windows, each banded by a row of rectangular lights across the top, face the street. The entry is located at the south end of the porch. All of the openings feature extended headers, which reinforce the horizontal theme of the design. Other than the removal of the rafter tails, the bungalow appears unaltered since its move to this location in 1929. *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 September 2003 *P6. Date Constructed/Age and Sources: ■historic Circa 1920 *P7. Owner and Address: Albar and Judith C. Velasco 1106 South Parton Street Santa Ana, CA 92707 *P8. Recorded by: Leslie J. Neumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: October 1, 2003 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ❑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 4 *NRHP Status Code 5S1 *Resource Name or #: Whitten House B1. Historic Name: Whitten House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1920. August 26, 1929. Relocate residence. September 7, 1943. Reroof. December 6, 1976. Patio cover. *137. Moved? ❑No ■Yes ❑Unknown Date: August 26, 1929 Original Location: Unknown *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Whitten House is architecturally significant as the best example of the Craftsman style in the Wilshire Square neighborhood. According to previous research (Wilshire Square Neighborhood Association, 1990), it was constructed around 1920. The bungalow was moved in 1929 from an unknown location to its current site, a lot in Wilshire Square purportedly purchased for $10.00, by Roy Langley, a resident of Cypress Avenue and proprietor of Langley Oil Company. The first occupants following relocation were Herbert and Gladys Whitten. Mr. Whitten was a meat cutter for E. R. Urbine in the Grand Central Market. In 1931, Lawrence Brown, a salesman, and his wife, Ferne, took up residence in the bungalow. Featured in the 1990 Wilshire Square Historic Home Tour, the property also contains three walnut trees in the back yard, a reminder of the earlier agricultural use of the Wilshire Square area. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: October 1, 2003 (This space reserved for official comments.) Sketch Map Whitten House 1106 South Parton Street -45' 37.33' 4LIT M5.5v TR T 15 r @ ? �3 2 14 4 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 4 Resource Name or # (Assigned by recorder) Whitten House *Recorded by Leslie J. Heumann, SAIC "Date October 1, 2003 0 Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods initially developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Whitten House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K. Hanson, 0Brien, and Lewis. Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1, 875.00 boasted "five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Register, April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for "courts and apartments, " apparently as a buffer for the "neighborhood business" zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War II. Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War II building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997. The Whitten House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period. " It is a well -executed illustration of the horizontal massing and detailing, materials, and exposed structural features associated with the Craftsman era. Additionally, the house has been categorized as "Key" for its distinctive architectural style and quality as an example of the Craftsman style. Character defining exterior features of the Whitten House that should be preserved include, but may not be limited to: materials and finishes (wood, clapboard, stucco); roof configuration and treatment; massing and composition; original doors and windows; porch and porte cochere; and architectural detailing (porch supports, beams and braces, window surrounds). DPR 523L State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Whitten House *Recorded by Leslie J. Heumann, SAIC "Date October 1, 2003 0 Continuation ❑ Update *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources. " Sacramento: March 1995. Historic maps in the collection of the History Room of the Santa Ana Public Library. Santa Ana and Orange County Directories, 1905-1931. Santa Ana Reqister, April 12, 1923. "Vintage Santa Ana Right On Track." The Reqister, January 13, 1990. "Neighbors Gear Up For Big Project. " Los Angeles Times, August 6, 1992. "Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times, October 5, 1996. "Wilshire Square —A Profile in Pride of Ownership." City Line, July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www.wilshiresquare.com www. geocities. com/Heartland/3383/aia. htm DPR 523L MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 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, and such design is compatible with -1- MILLS ACT AGREEMENT 1106 South Parton Street Santa Ana, CA 92707 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 1106 South Parton Street Item Year Improvement 1 2024 Landscape improvements: Trimming of all of the foliage on the street -facing portions of the property, and enhancement of lawn maintenance.. 2 2025 Landscape improvements: Trimming of all of the trees on the property. Trim overgrown foliage throughout the remaining yard areas. 3 2026 Repair all deteriorated areas of wood eaves. 4 2028 Repaint house. 5 2030 Preserve/restore exterior wood elements 6 2034 Repair wood siding along the north elevation of the detached garage, located towards the rear of the property 83B 831832 'T 0 830 833 830 829 V1 W Cubhon 5t , .lW Cubbon 5t 4 900 901 m 902' 9p1 one '� 901 } 902. _s 903 "y 907 91 1002 r 915• 915 i 1006 l it �I 410 014 �1. 9a5. n Ave SITE ic106 10,8 114 1 • 124 128 - 1 134 1137 ' 113? 71 } TWIN 1141- ' 142 1141 Y 1� 11�45 1146 11�46 11470. LL W Russell Ave 0 12d1 �• 1202 ,vi .1201 1204' c 12a1 +; 1204 08 120 126$ ^ L Q$ - r+ —kr206 HPPA 2024-12 1106 S. PARTON STREET WHITTEN HOUSE PLANNING AND BUILDING AGENCY HPPA-2024-12 The Whitten House — 1106 South Parton Street SITE PHOTOS EXHIBIT 3 ACTION MINUTES OF THE LATQ-rrtQlf' DCQ^11=f CQ 9-r%AAAA1QQ1llA1 ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA DECEMBER 4, 2003 CALLED TO ORDER: 4:41 P.M. City Hall Council Chambers 20 Civic Center Plaza, Santa Ana, California ATTENDANCE: COMMISSIONERS Present: Philip Chinn Rita Corpin Rose Anne Garcia Kings Tom Lutz Blair O'Callaghan Phillip E. Schaefer, Vie Chairman COMMISSIONERS Absent: Carlos Bustamante Paul D_ Giles, James Gartner STAFF PRESENT: Jay Trevino, Planning Manager Ben Kaufman, Chief Assistant City Attorney Maya DeRosa, Senior Planner Martha Ramirez, Commission Secretary PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR A. APPROVAL OF MINUTES RECOMMENDATION: Approve the minutes from the regular meeting of November 6, 2003 Motion to approve the minutes from the regular meeting of November 6, 2003 as presented. MOTION: Kings SECOND: Lutz AYES Chinn, Corpin, Kings, Lutz, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, Gartner, Giles (3) B. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes_ Pursuant to the Brown Act and the Maddy Act, the December 4, 2003 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 26, 2003 at 2:16 p.m. Motion to instruct the Commission Secretary as recommended. MOTION: Kings SECOND: Lutz AYES: Chinn, Corpin, Kings, Lutz, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, Gartner, Giles (3) ""END OF CONSENT CALENDAR" BUSINESS CALENDAR C_ COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED ,,.,,.,•.,__•.._ PROJECTS] Commissioner Lutz contacted Mr. & Mrs. Randy Simons regarding the Historic Resources Commission Application No. 2003-42 and Historic Register Categorization No. 2003-45_ WORK STUDY SESSION D. HISTORIC REGISTRY DISCLOSURE FOR REAL ESTATE TRANSACTIONS Vice Chair inquired if there is historic registry disclosure on property transactions for real estate agents. City provides accessibility information on website which is periodically updated. Commissioner Kings recommends city staff recap benefits of Historic Registry-, conduct educational forum on specific properties for real estate community. Ms. De Rosa noted a property owner welcome letter to the registry is mailed on the Friday following the HRC meeting. PROCEDURAL RULES PUBLIC HEARINGS 1. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2003-52 THROUGH 2O03- 61 AND HISTORIC REGISTER CATEGORIZATION NOS. 2003-54 THROUGH 2O03-63 (Melanie McCann) Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. ADDRESS STRUCTU E NAME RECOMMENDED CATEGORY 1106 South Parton Street 52/54 Whitten House Key 1102 South Birch Street (56/58) O'Brien House Key 1226 South Birch Street (53/55) Sandstrom House (1) Contributive 1310 South Birch Street 54/56 Masin House Contributive 1101 South Birch Street (55/57) Pimental House Contributive 1115 South Birch Street 57/59 Gardenier House Contributive 1205 South Birch Street (58/60) Levengood House Contributive 1218 South Broadway 59161 Bowman House Contributive 1230 South Birch Street (60/62) Sandstrom House (2) Contributive 1229 South Broadway (61/63) Irish House Contributive PUBLISHED IN THE ORANGE COUNTY REPORTER: November 21, 2003 PUBLICLY NOTICED: November21, 2003 HISTORIC RESOURCES COMMISSION MINUTES 2 DECEMBER 4, 2003 RECOMMENDATION: RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2003-52 through 2003-61 _ 2. Adopt a resolution approving Historic Register Categorization Nos_ 2003-54 through 2003-63. Melanie McCann, Associate Planner, provided staff report and recommendation. Vice Chairman Schaefer opened the public hearing. One written communication received from property owner at 1115 South Birch Street regarding a permit issue; there were no speakers on the matter. Vice Chairman Schaefer closed the public hearing. Motion to receive and file resolutions approving various structures on the Santa Ana Register of Historical Properties and requesting a 30-day continuance on the following properties: (1) 9915 South Birch Street (57159) Gardenier House, written communication received from owners, and (2) 1230 South Birch Street (60162) Sandstrom House. MOTION: Lutz SECOND: Chinn AYES: Chinn, Corpin, Lutz, Schaefer (4) NOES: None (0) ABSTAIN: OWSW 00.. ABSENT: Bustamante, Gartner, Giles (3) 3i ihi pi 2. RECONSIDERATION OF HISTORIC RESOURCES COMMISSION APPLICATION NO. 2003-42 AND HISTORIC REGISTER CATEGORIZATIQN NO. 2003-45 (Melanie McCann) By direction of the City Council the Historic Resource6 Commission shall reconsider the placement and categorization of the structure located at 1310 North Louise Street (Miller House) as Contributive on the Santa Ana Register of Historical Properties. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 21, 2003 PUBLICLY NOTICED: November21, 2003 RECOMMENDATION: 1. Adopt a resolution affirming the placement of the property on the Santa Ana Register of Historical Properties, Historic Resources Commission Application No. 2003-42. 2. Adopt a resolution affirming the categorization of the property, Historic Register Categorization No_ 2003-45. Melanie McCann, Associate Planner, provided staff report and recommendation. Ms. McCann noted property owner filed appeal for reconsideration of historical placement. Vice Chairman Schaefer opened the public hearing. Mr. Randy Simons requests 60-day continuance on Miller House due to additional construction on home and allow time for him to obtain information on Mills Act with regards to historical property classification. Vice Chairman Schaefer closed the public hearing. HISTORIC RESOURCES COMMISSION MINUTES 3 DECEMBER 4, 2003 Motion to continue Item to ou arays y-enruary `J, zuUW. Motion to continue item to 60 days (February 9, 2004). MOTION: Lutz SECOND: O'Callaghan AYES: Chinn, Corpin, Kings, Lutz, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, Gartner, Giles (3) 3. Public Comments items not on the a enda Vice Chairman Schaefer opened the public hearing. No written communications were received and there were no speakers on the matter. Vice Chairman Schaefer closed the public hearing. STAFF AND COMMISSION COMMENTS 4. STAFF COMMENTS Ms. De Rosa stated copy of approved loan program is forthcoming and communicated that the advertising firm, DGWB, won their appeal for tax credits. 5. COMMISSIONER COMMENTS Commissioner Chinn RDA loan program up to $250,000 (historical loan for rehabilitation); Armstrong Phillips Ranch will be on historical tour. • Congratulations to Commissioner O'Callaghan for attending LA Conservancy conference on preservation. Requested update on Artist Village Fountain. Ms. De Rosa indicated Matt Lamb attending January meeting for update. Commissioner Corpin • Welcome new staff. Requests staff to use her cellular telephone for messages and not home telephone number. Requested update on Mike Harrah project; she was unformed item will be continued on December 22 Planning Commission Agenda. • Requested update on Broadway One project. Planning Manager cited project still in process, discussing environmental issues on plaza area, parking structure, and mitigation details. Item moved to Planning Commission agenda in January; P&D contract extended to deal with environmental issues. Commissioner Kings Welcomed new staff. • Mentioned French Park having holiday home tours on December 13 and 14. Excused self from January 8, 2004 meeting as she will be attending a design conference in central coast. Commissioner O'Callaghan Attended seminar at Los Angeles Conservancy conference on preservation; noted Santa Ana praised for great work done by staff. Recommends commission hold study sessions on new construction properties with information on appeals. • Requested update on Wilshire Square. • Ms. De Rosa mentlgpod reviewing mid -year objectives to review changes in policy on future element and implementation strategy. HISTORIC RESOURCES COMMISSION MlIgUTES 4 DECEMBER 4, 20M F commissioner 5cnaerrer Ooni iccfori i ir-,Anfo r%n nrnr%=rfv of Rricfnl anri Ric nn Mc riP Rncn ctatari nrnii-nt IC Commissioner Schaeffer • Requested update on property at Bristol and Bis op. Ms. De Rosa stated project is proceeding as initiated. Welcomed new staff. Commissioner Lutz No comments 6. Excuse of Absences Motion by Commissioner Kings and seconded by Commissioner Corpin to excuse the absences of Commissioners Bustamante, Gartner, and Giles; approved unanimously by a vote of 6.0_ 7. Adiournment 5:45 p.m. Martha Ramirez Commission Secretary HISTORIC RESOURCES COMMISSION MINUTES 5 DECEMBER 4, 2003