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Home My WebLink About25B - 2010 N. VICTORIA DRIVE REQUEST FOR' COUNCIL ACTION .CITY COUNCIL MEETING DATE: ~ ~ . CLERK OF COUNCIL USE ONLY: APRIL 5, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2003-09 FOR THE PROPERTY LOCATED AT 2010 NORTH VICTORIA DRIVE APPROVED . 0 As Recommended 0 As Amended 0 Ordinance on 1" Reading 0 Ordinance on 2"' Reading 0 Implementing Resolution 0 Set Public Hearing For ri {c2 >y4ib: CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the Hryniewicki Family Trust for the structure located at 2010 North Victoria Drive. Historic Resources Commission Action .Recommended that the City Council direct the City Attorney to and authorize the City Manager and the Clerk of the Council to an agreement with the Hryniewicki Family Trust for the structure at 2010 North Victoria Drive at its March 4, 2004 meeting by a 7:0 (Bustamante and Corpin absent). prepare execute located vote of DISCUSSION At the public hearing on March 4, 2004, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act) and concluded that the proposed property tax reduction would encourage the owner to reinvestment the tax savings in the maintenance of their historic property benefiting both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations and continued maintenance of the historic Reid House. The Commission recommended that the City Council execute Historic Property Preservation Agreement No. 2003-09. . 258-1 HPPA No. 2003-09 April 5, 2004 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement No. 2003-09 will reduce the property tax revenue to the City by an estimated $124.36 to $621.80 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Æj)~. Stephen G. Har~ing Executive Director Planning & Building Agency J,~ Il (úJ(dJW<4 ~I Rod R. Coloma Executive Director Finance & Management Services Agency LP:rb "p\Historic\HRC Staff Reports\hppaO3~O'.cc 258-2 ~ORIC RESOURCES COMMISSION MEETNG DAlE: RCH 4, 2004 ~ ~ HISTORIC RESOURCES COMMISSION SECRETARY REQUEST FOR Historic Resources Commission Action TITLE: HISTORI.CPROPERTY PRESERVATION AGREEMENT NO. 2003-09 FOR THE PROPERTY LOCATED AT 2010 NORTH VICTORIA DRIVE APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For CONTINUED TO Prepared by Lynnette Perry 4t J!. ) fii Deputy CI Manager ~'" M'~g" RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with the Hryniewicki Family Trust for the structure located at 2010 North Victoria Drive. DISCUSSION ~equest of Applicant The appl icants, Stephen and Jessica Hryniewicki, request approval of Historic Property Preservation Agreement No. 2003-09 (Mills Act) between the property owners and the City of Santa Aria. Property Description . The subject property is a two-story, single-family residence located at 2010 North Victoria Drive within the Floral Park neighborhood. Property improvements include a two-story residence, detached two-car garage and patio. The residential dwelling is surrounded by single-family residential uses. Analysis of the Issues . In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA) , commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owners in the form of a property tax reduction in exchange for the owners' voluntarycommítment to maintain the property in a good state of repair and to rehabilitate .he property as necessary to maintain its character and appearance. nee recorded, the agreement triggers a requirement for determining the . assessed value of the affected property, thus .resulting in potentially significant property tax savings for the owners. EXHIB~6a-3 HPPA No. 2003-09 March 4, 2004 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property, Reid House, was placed on the Register and categorized as Landmark on April 3, 2003 by the Historic Resources Commission (Exhibit I). After consideration of the owners' application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A review of the property indicates the residence was built in 1930, featuring Spanish Colonial Revival style characteristics. The house has been maintained in excellent . condition, therefore a supplemental property rehabilitation plan will not be required as part of this agreement. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for preservation of the property. 2. Assures a mechanism to provide for property rehabilitation. 3. Prevents inappropriate alterations to the historic property. 4. Provides an additional incentive designated historic structures. for homebuyers to purchase 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Provides a focus on historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. c:1~ Lynnetteperry Associate Planner, AICP ~osa~ Senior Planner LP:JM Ip\Historic\HRC Staft Hepor"\hppdO3 ~O9 .hrc 258-4 EXECUTIVE SUMMARY . REID HOUSE 2010 North Victoria Drive Santa Ana, CA 92706 NAME Reid House 1 REF. NO. ADDRESS 2010 North Victoria Drive CITY Santa Ana ZIP 192706 I ORANGE COUNTY YEARBUILT 1930 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I N/A NEIGHBORHOOD 1 Floral Park NATIONAL REGISTER CRITERIA FOR EV ALVA TION 1 C NATIONAL REGISTER STATUS CODE 13S Location: 0 Not for Publication ~ Unrestricted 0 Prehistoric ~ Historic 0 Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadaña); red tiled roofs and coping; low~pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- Califomia Exposition in San Diego in 1915, where lavish inte'1'retations of Spanish and Mexican prototypes were showcased. Easily Aognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof 'llllll!lfverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanisb vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Reid House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I for its exemplification of the Spanish Colonial Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with a member of the local business community. In addition, the Reid House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . National Reeister 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 distingnishable entity whose components may lack individual distinction. . National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Annears elieible for separate listing. . EXHIBIT 1 2'5B~5 St;lte of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Reid House Date Page -L of ....!.. P1. Other Identifier: "P2. Location: DNot for Publication -Unrestricted . "b. USGS 7.5' Quad TCA 1725 .c. Address 2010 North Victoria Drive .e. Other Locatlonal Data: Assessor's Parcel Number FT, W OF VICTORIA DR .a. County Orange County Date: City Santa Ana Zip 92706 002-101-03; ORANGE GROVE TR LOT SLY 75 FT NLY 221.34 .P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This "L "-shaped Spanish Colonial Revival residence is two-stories in height, topped with a low-pitched, cross-gabled, red tile roo~ and finished in smooth stucco. Carved rafters are visible beneath the shallow eaves of the asymmetrical, east-facing house. Located on the north half of the façade, a front-gabled wing projects towards the street. A bracketed overhang, a central double-hung sash window flanked by shutters, and a wood-framed balcony, defines its upper story. Three small pipe vents pierce the face of the gable peak near its peak. Balcony detailing includes carved wood brackets and posts. Below the balcony, the paneled wood door entry, is recessed behind a round-headed arch supported by a stout column with a molded impost. Wrought iron lanterns flank the archway. The arch motif is repeated to the south, where a pair of round-headed windows are separated by an engaged column, and to the north, where a single round-headed window is centered (See Conünuation Sheet 3 of 4.) .P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property "P4. Resources Present: -Building DStructure DObject DSite DDistrict DElement of District DOther P5a. Photo "P11. Report Citation: (Cite survey report and other sources, or enter "none') None. P5b. Photo: (view and date) East elevation January 2003 "P6. Date Constructed/Age and Sources: -historic 1930 I City of Santa Ana Building Permits "P7. Owner and Address: Hryniewicki Trust 2010 North Victoria Drive Santa Ana, CA 92706 .PS. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena. CA 91105 "P9. Date Recorded: February 1, 2003 .P10. Survey Type: Intensive Survey Update "Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building. Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMiliing Station Record 0 Rock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) 2gB~6 .Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD . Page L of...£.. "NRHP Status Code 3S "Resource Name or #: Reid House 81. Historic Name: Reid House 82. Common Name: Same B3. Original Use: Single-family Residence "85. Architectural Style: MissionlSpanish Colonial Revival "86. Construction History: (Construction date, alterations, and date of alterations): October 6, 1930. Residence and garage. Owner, Roy Russell. $15,000. July 13,1936. Alterations to private garage by C.H. Hoiles. $150. October 7. 1997. Remove wall between kitchen and nook area. 84. Present Use; Single-family Residence "87. Moved? .No DYes "88. Related Features: DUnknown Date: Original Location: Detached garage. B9a. Architect: Unknown b. Builder: Unknown "810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architecturai context as defined by theme, period, and geographic scope. Also address integrity) . The Reid House is significant as an excellent example of the Spanish Colonial Revival style in terms of its character defining features and high level of integrity. Its period revival design, substanüal scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the original building permit, the house was built in 1930 at a oostof$15,000, a large sum at/he time, by Roy Russell, the primary developer of North Victoria Drive. From 1931 unti/1935, Orange County directories indicate that Robert E. and Grace G. Reid owned the house. Mr. Reid was President of the Reid Motor Company. Clarence H. Hoiles and his wife Mabelle S. Hoiles resided at the address from 1936 unül at least 1959, according to directories and building permits. Clarence H. Hoiles was the son of Raymond Hoiles, who became publisher of the Santa Ana Register in 1935 and lived at 1917 Victoria Drive. As Secretary of the Register Publishing Company, Clarence Hoiles was in charge of the business affairs of the paper. The Hoiles published the paper until 1987; during their tenure, both the county and the paper, which became The Reaister in 1955 and the Oranae County Reaister in 1987, witnessed tremendous growth. (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes; (List attributes and codes) "812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Conünuation Sheet 4 of 4.) Sketch Map B13. Remarks: "814. Evaluator: Leslie J. Heumann "Date of Evaluation: February 1, 2003 (This space reserved for official comments.) .... @ @ DPR 5238 (1/95) 25B~7 "Required infcnnaticn . i! ~ State of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Trinomial Page ..L of ~ Resource Name or # (Assigned by recorder) Reid House 'Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC 'Date February 1, 2003 I&J Continuation Primary # HRI# 0 Update *P3a. Description (continued): below the upper story window. Wrought iron belconets distinguish the lower north window as well as a pair of French doers located on the upper southwest portion of the façade. Wrought iron was also used for a window grille in front of a small rectangular window that is the only other opening on the upper story façade. A red brick chimney is visible along the south elevation. Located on the northwest comer of the property, an original, two-car garage has a red liled roof and smoeth stucco finish that is consistent in design with the house. A curving red brick entry path leeds from the concrete driveway to the porch. The front yard is primarily lawn bordered by low vegetation and several trees. The house appears original and is in excellent condition. *810. Significance (continued): The Reid House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broa.dway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, peges 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana"(Oranae Countv Reaister September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Oranae Countv Reaister September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Taro Marine Base during World War /I, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War /I years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradilion, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Reid House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. Distinguishing characteristics of the style include the broad asymmetrical massing and composition, materials, arched openings, wrought iron detailing, and the expanses of wall unbroken by openings, very much in the manner of the Andalusian precedents of the style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business community. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Reid House are considered character defining and should be preserved. These features include, but may not be limited to: materials (woed, iron, brick) and finishes (stucco); roof configuration, materials and treatment; massing and composition; balconies; porch; projections; doers and windows; chimney; architectural detailing (columns, arches, wood and wrought iron elements, sconces, etc.), and original garage. DPR 523L Page4of5 258-8 Primary # HRI# State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Trinomial . Page 3- of 3- Resource Name or# (Assigned by recorder) "Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC "Date February 1, 2003 Reid House (j¡) Continuation 0 Update *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana An Illustrated Historv. Encinitas, Heritage Publishing, 1994. MeAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knop~ 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National RegisterBranch. National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Joumal, September 21, 1981. "Bui/derof Honer Plaza Dies." Oranae County Reaister September 15, 1981. "History of Floral Park." hffp:/lwww.floral-park.cornipage2.html . Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Inc/udina Bioaraohical Sketches of Leadina Citizens Volume I. Whiffier, Historical Publishers. 1963. Armor, Samuel. Historv ofOranae Countv. 1921. Orange County Directories, 1930-1941, 1945. . . DPR 523L 25B~9 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this 5th of April, 2004 by and between the City of Santa Ana, a charter city and municipal èorporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Hryniewicki Family Trust, (hereinafter referred to as "Owner"), owner of real property located at 2010 North Victoria Drive, Santa Ana, California in the County of Orange and listed on the Santa Ana Register of Historical Properties. D. E. 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 owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2010 North Victoria 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". 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. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits 1he use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the 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. B. C. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section EXHIBIT 2 -1- 258-10 . . . 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 I 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 April 5, 2004 and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date ofthis 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 nOlirenewal 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 (I) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days ITom receipt of City's notice ofnonrenewal, 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 ofnonrenewal. d. If either the Owner or the City serves notice to ¡he other of nonrenewal in any year, the Agreement shall remain in effect for the balance of ¡he term then remaining, either ITom its original execution or ITom 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, 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 ofthe exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the ~ 2- 258-11 State of 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 B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shan continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property ITom the public right-of-way shan be maintained, and Owner shall not be pennitted 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 alternations 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 examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to detennine the Owner's compliance with the tenns and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all infonnation requested which may be necessary or advisable to detennine compliance with the tenns 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 detennines that the Owner has 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 detennines that the Owner has 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 (12Yz) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as detennined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. - 3- 258-12 . . . 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 because, in èffect, 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 detennines that the acquisition fÌ'Ustrates 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 andlor in addition to any provisions to cancel the Agreement as referenced herein, the 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 the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Director of Planning and Building 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 the Owner), then the 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 the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the 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 the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the 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. R. The Owner hereby subject the Historic Property, located at 2010 North Victoria Drive, Assessor Parcel Number, 002-101-03, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the 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 -4- 258-13 expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the 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 the 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 tenus 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 Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Hryniewicki Family Trust Stephen W. Hryniewicki, Trustee Jessica S. Hryniewicki, Trustee 2010 North Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the temls, 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 temlS, 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 ham1less 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, agenda, 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 ofthe Owner's activities in cormection with the Historic Property. - 5 ~ 258-14 . . . c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incuITed, by reason of the operations refeITed to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, 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 oflaw 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 detennine 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. . 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. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments, This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. ~ 6- 258-15 15. Signatures. ATTEST: PATRICIA E. HEALY Clerk of the Council OWNER: Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager d~¿ ~v. 4-~ Stephen W. Hryniewicki as Trustee }?r the Hryniewicki Family Trust . ! ')~le) á..Jk ~¡¿ifjJ'cJ~L .¡-e}sica S. Hryniewicki as stee Íor the H¡yniewicki Famil rust ~ 7- 258-16 . . . State of California County of Orange }ss. On çuJ /1, â!'o-uL-1 Date before me, Rosa S. Barela, Notary Public Name and Title of Officer (e.g.. "Jane Doe, Notary Public") personally appeared 'i¡}'h{Jhc~i: W. iJrV'1Î(¡¡,V/ck; QI!c\.,Jj5J/i' 0... ,5. ;)rvrJi¡ìw¡('I(¡ N_,'orSI",",) D IT ~~~--'~.......ro.,"-""'--,,,¡¡' ROSA S. BARELA -(I corn.rrliSSion#1303103 t 1. Nota~' Public - C.rofomia ~ J Orange County f - - - _My:o:m~""_~30.:~ personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -.is~ subscribed to the within instrument and acknowledged to me that ~J executed the same. in !H&ftel~> autho~ capacity(ies), and that by ~their. signature(s) on the instrument the person(s);o; the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seaL ~ ..~ i',J(ß/rI- ~. (~¡J ""","co orN",", 'obll, PI". Not,~ 5." Ab". State of California County of Orange }ss, On , before me, Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared N,metsl Of ",""ts) D D personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seaL ""","co of No"" '0"1, PI", Nola~ 5.., Ab'" 258-17 E)!:hibit A LEGAL DISCRIPTION Beginning at a point on the West line of Orange Grove Tract West of West Street is shown on a map recorded in Book 2, Page 9 of Miscellaneous Maps, records of Orange County, California 146.34 feet South of the Northwest comer of the tract ofland marked "Jacob Fisher" on said map, said point being also the Southwest comer of the parcel conveyed to Geo. R. Wells by deed recorded March 5, 1927 in Book 22, page 151 of Official Records of Orange County, California; thence East along the South line of said parcel conveyed to Geo. R. Wells 211.50 feet to the center line of Victoria Drive; thence South along the center line of Victoria Drive 75 feet; thence West parallel with the South line of said parcel conveyed to Geo. R. Wells to the West line of the Orange Grove Tract 75 feet to the point of beg inning. 258-18 . Exhibit B 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: . . I. 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 thàn on conjectural designs or the availability of different architectural elements ti-om 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 alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Exhibit B Page 1 of2 258-19 10. size, scale, color, material and character of the property, neighborhood, or environment. 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 fonn and integrity of the structure would be unimpaired. Exhibit B Page 2 of2 258-20 . Exhibit C (photographs attached) . . 258-21 CD @ 0 CD @ PROPERTY NAME: REID HOUSE ADDRESS: 2010 NORTH VICTORIA DRNE OWNER: STEPHEN W. AND JESSICA S.HRYNIEWICKI ..... NORTH PHONE: (714) 973-1544 . r . .' r, ,'-:" ;;;;.., .' , ""t~:_- 2. Asymmetrical "L" shaped front façade with cross-gabled, red tile roof and smooth stucco finish. Tbe upper story is defined by carved rafters beneath shallow eaves, a wood-framed balcony and a bracketed overhang with a double-bung sash window flanked by shutters. .",,; . Exhibit C of Historic Preservation Property Agreement Reid House 2010 North Victoria Drive, Santa Ana, CA 258-23 '" <'t - 4. Pair of recessed round-headed windows separated by an engaged column. Wrought iron balconet distinguished upper French doors. Exhibit C of Historic Preservation Property Agreement Reid House 2010 North Victoria Drive, Santa Ana, CA 258-24 . . . North Elevation Double hung windows with wood trim and sills. Exhibit C of Historic Preservation Property Agreement Reid House 20] 0 North Victoria Drive, Santa Ana, CA 258-25 . ' i West Elevation Wood-framed balcony with carved rafters and decorative railing. Also shown is the stucco chimney with brick cap. Exhibit C of Historic Preservation Property Agreement Reid House 20] 0 North Yictoria Drive, Santa Ana, CA 258-26 . . . .~, ._"~~ Ä-_..h 10. Brick patio with pergola and decorative fountain on garage wall. Exhibit C of Historic Preservation Property Agreement Reid House 2010 North Victoria Drive, Santa Ana, CA 258-27 ,:¡~ ~- .~ ::;i/it ~...;.L.~ 10. Brick patio with pergola and decorative fountain on garage wall. Exhibit C of Historic Preservation Property Agreement Reid House 20] 0 North Victoria Drive, Santa Ana, CA 258-28 . ~.-_._---- 11. South Elevation Wood casement window with rectangular divided lights. . . Exhibit C of Historic Preservation Property Agreement Reid House 2010 North Victoria Drive, Santa Ana, CA 258-29