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HomeMy WebLinkAbout25A - 1720 N. POINSETTIA ST. ~ ~ ,/ REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: SEPTEMBER 7, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-04 FOR THE PROPERTY LOCATED AT 1720 NORTH POINSETTIA STREET 1 04Ø~ER APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 151 Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For 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 Naomi Estrine, property owner, for the structure located at 1720 North Poinsettia Street. HISTORJ:C RESOURCES COMMISSION ACTION Recommended 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 Naomi Estr~ne, property owner, for the structure located at 1720 North Poinsettia Street at its August 5, 2004 meeting by a vote of 6:0 (Bustamante, Lutz, Schaefer absent) . DISCUSSION After the public hearing on August 5, 2004, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25A-1 HPP Agreement No. 2004-04 September 7, 2004 Page 2 PISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $44.63 to $222.78 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Agency a irector anagement Services Agency HS:rb hS\historic info\mills act agreementS\HPPA04-04_1720_N_Poinsettia.cc 25A-2 REQUEST FOR Historic Resources Commission Action ~ ~ HSTORIC RESOURCESCCMJISSION SECRErARY HSTORICRESOURCESCQIMSSION MEETN3 DATE: AUGUST 5, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-04 FOR THE PROPERTY LOCATED AT 1720 NORTH POINSETTIA STREET APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~Zt¿¡ ~iredOr ~~ Planning Manager 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 Naomi Estrine, property owner, for the structure located at 1720 North Poinsettia Street. DISCUSSION Request of Applicant The applicant, Naomi Estrine, property owner, requests the approval of Historic Property Preservation Agreement No. 2004-04 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached, three-car garage located at 1720 North Poinsettia Street and is within the Park Santiago neighborhood. Surrounding land uses are residential with the I-S freeway to the immediate west of the property. 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 owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. EXHIBIT A 25A-3 HPPA No. 2004-04 August 5, 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 was placed on the local register and categorized as Landmark in April 2004 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2). A review of the property indicates that this craftsman styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1 . Reduced property tax to allow reinvestment for the long-term preservation of the property. 2 . Allows for a mechanism to provide for property rehabilitation. 3 . Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and 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. ~~ Hally So oleske Assistant Planner II ?to~ Senior Planner HS : JM hS\historic info\mills act agreements\HPPA04-04_1720_N_Poinsettia.hrc 25A-4 EXECUTIVE SUMMARY ENDERLE HOUSE 1720 North Poinsettia Street Santa Ana, CA 92706 NAME Enderle House I REF. NO. ADDRESS 1720 North Poinsettia Street CITY Santa Ana ZIP I 92706 I ORANGE COUNTY YEAR BUlL T Circa 1909 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT I N/ A NEIGHBORHOOD I Park Santiago CALIFORNIA REGISTER CRITERIA FOR EV ALVA TION 12,3 CALIFORNIA REGISTER STATUS CODE 3S Location: 0 Not for Publication [8] Umestricted 0 Prehistoric [8] Historic 0 Both ARCIDTECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Enderle House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Landmark" for its "unique architectural significance" as a decoratively detailed example of the Craftsman style (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Reeister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4,2001.) 2: It is associated with the lives of persons important to local, California, or national history. 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. . It 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. 3S: A ars eli ible for the National Re . ster as an individual ro EXHIBIT 1 2 SA 2. 55 State 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) Enderle House Date Page....L of J.-. P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *b. USGS 7.5' Quad TCA 1725 *c. Address 1720 North Poinsettia Street *e. Other Locational Data: Assessor's Parcel Number OF LOT *a. County Orange County Date: City Santa Ana Zip 92706 003-164-48; NOB HILL TR BLK G LOT 4 POR OF LOT AND POR *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This impressive Craftsman home occupies a double lot at the southwest edge of the Park Santiago neighborhood. The building is topped by a side-gabled roof with shaped rafter tails and braces exposed in the eaves. It appears to be one and a half stories from the street, but actually has a full second story with an attic in the rear. A double dormer, front-gabled and trimmed with a decoratively carved bargeboard, is centered over the façade and is a focal point of the design. Beneath latticework vents, the dormer contains a broadly proportioned, tripartite window. Narrow clapboard sheathes the structure. Spanning the lower story façade, a recessed porch is defined by an arched beam supported by paneled and tapered posts. Decorative cutouts distinguish the porch railing. Another tripartite window, banded by a multi-light transom, overlooks the south half of the porch. The entry, at the north end of the porch, contains an oak door with a large, beveled glass window in its upper half. All of the window and door openings feature tapered surrounds with slightly extended lintels. North of this highly intact house, a one-story garage that echoes the design of the house was constructed in 1990. The property is su"ounded by a modem wrought iron fence and is complemented by trees in the garden and in the parkway. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure 0 Object DSite 0 District -Element of District DOther P5b. Photo: (view and date) Nó1th 21M éfí$f elsvartõM DeœmI1er 2003 *P8. Dãf4J~.and 5outcø; 8hmotfé CIrca 1Ø11ISoorœ..- Le§; 1Ø80. *P1. Ownërand~; NãõÐn; Eštrîné 17ïö North Poimdía Strøt Santa Ana. CA. &Z706 fl. ~Ød~ I.e- J, Heumann SAlC 35 S. R-äyTi'iOOd Ave. #I 204 þ~; CA Ø1106 1\'fJ9.. Date Recønfød~ DeœrnIJe, 31, 2fJ(J3 *Pi... SurveyT~ Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Les, Kathleen. "1720 North Poinsettia Street." Historic Resources Survey, March 1980. *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) Z5Ä~f6 *Required infonnation State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUilDING, STRUCTURE, AND OBJECT RECORD Page ---2- of ~ *NRHP Status Code 3S *Resource Name or #: Enderle House B1. Historic Name: Enderle House B2. Common Name: Same B3. Original Use: Single-family Residence *85. Architectural Style: Bungalow/Craftsman *86. Construction History: (Construction date, alterations. and date of alterations): October 6, 1980. Shorten existing greenhouse 10 feet. June 14, 1990. Repair foundation/seismic. September 24, 1990. Reroof. November 14, 1990. New 1,750 square foot garage on existing slab. February 9, 2001. Legalize conversion of closet in attic to shower. *87. Moved? -No DYes DUnknown Date: *88. Related Features: 84. Present Use: Single-family Residence Constructed circa 1909. Original Location: None. B9a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901-1954 Property Type: Single-family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Enderle House is architecturally significant as a picturesque and intact example of a Craftsman bungalow from the first quarter of the twentieth century and historically notable for its association with a prominent Orange County family. According to Orange County Tax Assessor's property records, the house was constructed in 1909. The first listing in the city directories, however, occurred in 1912; in 1911, the directory had noted that Poinsettia was Unot built on. n From 1912 through at least 1920, the residents of the house were listed as the Misses Clara, Katherine, and Matilda Enderle. Clara Enderle was teacher at the (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Pennits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: Sketch Map Enderle House 1720 North Poinsettia Street (This space reserved for official comments.) '-= *814. Evaluator: Leslie J. Heumann *Date of Evaluation: December 31, 2003 . DPR 5238 (1/95) @ TR. 2671.:'15 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Page -L of-L *Recorded by Leslie J. Heumann, SAIC Primary # HRI# Trinomial Resource Name or # (Assigned by recorder) Enderle House *Date December 31,2003 I&J Continuation 0 Update *810. Significance (continued): Tustin City School while Matilda Enderle worked as a secretary for the Orange County Mutual Insurance Company. Mrs. Magdalena Enderle lived briefly at the house in the mid-1910s before moving to Hannibal, Missouri. Clara, Katherine, and Matilda Enderle were sisters of Herman Enderle, a foundry operator turned rancher who came to Orange County in 1892 from Iowa to work with the Santa Fe Railroad. His son, Maurice Enderle, achieved prominence in the community as the Orange County Assessor from 1944 to 1951. The sisters sold the house in the 1920s to the Blower family (still the owners as of 1949, per the City building permits) in order to live with their brother on his ranch in Tustin (now the site of the Enderle Center). Rehabilitated in the 1990s by Naomi Estrine, its fourth owner, the house was featured on the 1999 Holiday Home Tour of Park Santiago. The Enderle House is located in the Park Santiago neighborhood, near the present northern city limits of Santa Ana and substantially north of the original city core. 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 Streef' (now North Santiago Street), North Bush Street and North Main A venue, 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 II. The Enderle House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Landmark" for its "unique architectural significance" as a decoratively detailed example of the Craftsman style. The characteristic Craftsman features of horizontal massing and exposed structural elements have been supplemented by the decorative treatment of the gable ends, rafter tails, and porch. All original and restored exterior features of the Enderle House are considered character-defining and should be preserved. These features include, but may not be limited to: sheathing (clapboard); roof configuration and detailing (bargeboards, rafter tails, braces); massing; windows and doors (including surrounds); porch; architectural details (porch posts, railing, and beams, attic vents); and porch steps. DPR 523L 2S"-:,! State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Page ~ of~ *Recorded by Leslie J. Heumann, SAIC Primary # HRI# Trinomial Resource Name or # (Assigned by recorder) Enderle House *Date December 31,2003 IE Continuation 0 Update *812. References (continued): Haffis, Cyril M. American Architecture: An Illustrated EncvcloDedia. 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. 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. Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel. Historv of Oranae CountY. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Lande Holiday Home Tour, 1999." Brochure. Rischard, Maureen McClintock. "People Behind Places: Enderle Center." Oranae CountY Geneoloaical SocietY Quarterlv. December 1993, pages 4-7. Santa Ana and Orange County Directories, 1905-1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. DPR 523L 2g \5_~5 MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 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 mSTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 6, 2004 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 Naomi Estrine, (hereinafter referred to as "Owner"), owner of real property located at 1720 North Poinsettia Street, Santa Ana, California, 92706 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 1720 North Poinsettia 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. The City and the Property 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 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. EXHIBIT 2 - 1 - 25A-10 MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 E. 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 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on September 6, 2004, 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 theinitial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal. of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25A-11 MILLS ACT AGREEMENT 1720 North PoinsettÜl Drive Santa Ana, CA 92706 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 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 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 shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view conidor 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 conidor 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 determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -~5A-12 MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 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 have 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 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 (cuITently set at twelve and one-half (12 ~) percent by Government Code Section 50286) of the CUITent 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 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, 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 cOITected, to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not COITected 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 -4- 25A-13 MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 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. a. The Owner hereby subjects the Historic Property, located at 1720 North Poinsettia Street, Assessor Parcel Number, 003-164-48, 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 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 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 Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Naomi Estrine 1720 North Poinsettia Street Santa Ana, CA 92706 -25A-14 MILLS ACT AGREEMENT 1720 North Poinsettia 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, 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 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 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 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. -25A-15 MILLS ACT AGREEMENT 1720 North Poinsettia 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. 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. 15. Signatures. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNER Date: 1tjð f ... APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Deputy City Attorney -25A-16 State of California County of Orange On 7/ W!J Date }SS. , before me, Rosa S. Barela. Notary Public Name and Tide of Officer (e.g., "Jane Doe, Notary Public") personally appeared Naomi Estrine Narœ(a) ofSi IIcr(a) g" personally known to me ~ proved to me on the basis of satisfactory evidence to be the personts) whose name(s) CQæ:e- subscribed to the within instrument and acknowledged to me that hef@they executed the same in ~ authorized capacity(ies), and that by ~ signaturefst-on the instrument the person(s1, or the entity upon behalf of which the personW acted, executed the instrument. J------------' ROSA S. BARELA " Commllslon'1303103 í' Notary F'Llb.IIC. Callfomia I ~ Orange C..nty I MyComl'lt ~iI'8lM_ao1aaœ ~_.....~--------- Place Notary Seal Above State of California County of Orange On }SS. WITNESS my hand and official seal. Qß/}1t,J I ;1ïrvuN~- SigJwurc of Notary Public , before me, ... Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Narœ(a) ofSi IIcr(a) Place Notary Seal Above 0 0 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 his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. si¡nature of Notary Public 25A-17 MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 Exhibit A Parcell: Lots 4 and 5 in Block "G" of the Nob Hill Tract, in the City of Santa Ana, County of Orange, State of California, as per map recorded in book 4 page 24 of Miscellaneous Maps, in the Office of County Recorder of said County. Parcel 2: That portion of Lot 3, Block "G" of the Nob Hill Tract, as shown on a map recorded in book 4 page 24 of Miscellaneous Maps records of Orange County, California described as follows: Beginning at a point in the Northerly line of said Lot 3, distant South 89 deg 50' 33" East 90.50 feet from the Northwest corner of said Lot 3, said point being the beginning of a tangent curve concave Southwesterly having a radius of 130.00 feet; thence Southeasterly along said curve through a central angle of 32 deg 19' 15", an arc distance of 73.33 feet to a point in the Easterly line of said Lot 3, distant Southerly thereon 20.14 feet from the Northeast corner of said lot 3; thence along said Easterly line North 0 deg 06' 02" West 20.14 feet to said Northeast corner; thence Westerly along said Northerly line to the point of beginning. Assessor Parcel No. 003-164-48 - 8- 25A-18 MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 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: 1. Every reasonable effort shaH 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 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 - 9 - 25A-19 J MILLS ACT AGREEMENT 1720 North Poinsettia 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. - 10- 25A-20 Exhibit C (photographs attached) MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 8 South side elevation; note decorative rafter tails and window trim -~5A-21 MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 - ~5A-22 MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 . ~ } ~ ,::.,;-::..";$.:~::~1-~..~":~. ':'IIt~~~:!.~~$ir. ~.I~ - 25A-23 .- .' ~f""~-::':-:.~---' . "'¡¡¡¡'¡¡'f¡~~ 0 Front house elev<:ttion; note porch railing and window detail MILLS ACT AGREEMENT 1720 North Poinsettia Drive Santa Ana, CA 92706 - ---- --..- .'--'.._0___.__-..-- ~=~-'~~.. .'~ .. ...-.,.-.---. .-0___- .'''n........ .......---.-.- ..._- ,., - ~5A-24 . j r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-. . . . . . Sound TENNIS COURT . . Wall . . . . I . . I I . . I I . . I I . . I œ I . . I Q) I . . I I . . I CID I . . I ø @ I . . I DRIVEWAY I . (j) . I I CID . ORCHARD CD I . .-.-.-.-.-.-.-.-.-.-.-. .-.-.- POINSETTIA STREET 1720 North Poinsettia Street ~ NORTH 25A-25 .J 25A-26