HomeMy WebLinkAbout25D - 419 W. NINETEENTH ST.
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
DECEMBER 19, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-15 FOR THE
PROPERTY LOCATED AT 419 WEST
NINETEENTH STREET
APPROVED
o As Recommended
o As Amended
o Ordinance on 151 Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
A
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CITY MANAGER
CONTINUED TO
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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 Sheryl L. Harvey
for the structure located at 419 West Nineteenth Street.
HISTORIC 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 Sheryl L. Harvey for the structure located at 419 West
Nineteenth Street at its December I, 2005 meeting by a vote of 6:0
(Bustamante, Seeley and Sarmiento absent) .
DISCUSSION
After the public hearing on December I, 2005, 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.
250-1
HPP Agreement No. 2005-15
December 19, 2005
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $26.76 to $133.81 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
. Trevino
E ec tive Director
ning & Building Agency
"\C\~\\,,~\~r- 1'J ~-\-~.
Francisco Gutierrez
Executive Director
Finance & Management Services Agencyt~
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HS:rb
hS\historic info\mills act agreements\hppa05-14-419_W_19th.cc
250-2
REQUEST FOR
Historic Resources Commission Action
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HISTORIC RESOURCES COMMISSION SECRETARY
HISTORIC RESOURCES COMMISSION MEE'J'N; DATE:
DECEMBER 1, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-15 FOR THE PROPERTY
LOCATED AT 419 WEST NINETEENTH STREET
APPROVED
D As Recommended
D As Amended
D Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
~ve Director
~~~a~
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 Sheryl L. Harvey for the structure located at 419 West
Nineteenth Street.
DISCUSSION
Request of Applicant
The applicant, Sheryl L. Harvey, requests
Property Preservation Agreement No. 2005-15
applicant and the City of Santa Ana.
the approval
(Mills Act)
of Historic
between the
Property Description
The subj ect property includes a single story residence and a detached
single-car garage located at 419 West Nineteenth Street, and is within
the Floral Park neighborhood. Surrounding land uses are residential.
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 to maintain its character and appearance.
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
250-3
HPPA No. 2005-15
December 1, 2005
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 Contributive in February 2003 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 Colonial Revival style of
architecture structure is in good 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 addi tional 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.
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Ha ly SO~leSke
Assistant Planner II
HS:JM
hs\historic info\mills act agreements\hppa05-14-419_W_19th,hrc
250-4
EXECUTIVE SUMMARY
YEARY HOUSE
419 West Nineteenth Street
Santa Ana, CA 92706
NAME
ADDRESS
CITY
YEAR BUILT
Yeary House
REF. NO.
419 West Nineteenth Street
Santa Ana
ZIP 92706
ORANGE COUNTY
1922
LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT
N/A
NEIGHBORHOOD
Floral Park
CALIFORNIA REGISTER CRITERIA FOR EV ALUA nON
3
CALIFORNIA REGISTER STATUS CODE
5SI
Location: D Not for Publication
r8J Unrestricted
D Prehistoric
r8J Historic
D Both
ARCHITECTURAL STYLE: Colonial Revival; Bungalow/Craftsman
The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial
celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian,
Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually
symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled,
sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and
frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds
and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights
in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have
wood, brick, or stucco exteriors (McAlester, 320-326).
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 Yeary House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the
distinguishing characteristics of a typical bungalow from the early 1920s. The house also contributes to the historic character of
Floral Park through its age, style, and scale. Additionally, the house has been categorized as "Contributive" because it "contributes to
the overall character and history" of Floral Park, and, as an intact and representative example of an early 1920s bungalow, "is a good
example of period architecture" (Municipal Code, Section 30-2.2).
2m~51
EXPLANA nON 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, 200 I.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the
work of a master, or possesses high artistic values.
· California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
5S1: Individual property that is listed or designated locally.
25D~6
Primary I
HRII
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page -.L of ~ Resource name(s) or number (assigned by recorder) Yeary House
P1. Other Identifier:
*P2. Location: DNot for Publication -Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA0054 Date:
*c. Address 419 West Nineteenth Street City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number Block: Lot: 002-101-19
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Located on the north side of West Nineteenth Street, this one-story bungalow displays both Craftsman and Colonial Revival
stylistic features. It is side-gabled, with carved braces exposed in the overhanging eaves of the gable ends. A front-gabled
attic vent is centered on the ridgeline. Narrow clapboard sheathes the building. Offset to the east, an attached portico is
defined by a front gable with a swept design. Centered in the gable face, a vent repeats the arched shape of the gable. A
pair of elephantine posts on brick pedestals supports the porch gable. Brick was also used for the chimney attached to the
west elevation. The entry consists of an eighteen-light door flanked by full height, twelve-light sidelights. A pair of multi-light
casements east of the entry is balanced by a cluster of three casements to the west. In the northeast corner of the property,
a one-story, front-gabled garage echoes the design of the house. Both appear to be substantially unaltered.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: -Building DStructure DObject DSite o District -Element of District DOther
P5a. Photo
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
P5b. Photo: (view and date)
South and west elevations
November 2004
*P6. Date Constructed/Age and
Sources: -historic
1922/Source: City of Santa Ana
Building Permit
*P7. Owner and Address:
Sheryl L. Harvey
419 West 19th Street
Santa ana, CA 92706
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
November 30, 2004
*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 DMilling Station Record DRock Art Record
DArtifact Record DPhotograph Record 0 Other (list)
DPR 523A (1/95)
25D~7
*Required information
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUilDING, STRUCTURE, AND OBJECT RECORD
Page 2 of ~ *CHR Status Code 5S1
*Resource Name or #: Yea/}' House
81. Historic Name: Yea/}' House
82. Common Name: Same
83. Original Use: Single-family Residence 84. Present Use: Single-family residence
*65. Architectural Style: Colonial Revival, Bungalow/Craftsman
*66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1922.
December, 1922. Residence and garage.
July 17, 1928. Repair fire damage.
May 13, 1933. Rebuild chimney.
October 7, 1948. Rebuild fireplace.
*67. Moved? -No DYes DUnknown Date:
*68. Related Features:
Original Location:
Garage.
89a. Architect: Unknown
b. 8uilder: Unknown
*610. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Yea/}' House is architecturally significant as a characteristic example of the middle class bungalows built in the southern
portion of the Floral Park area prior to its development as Santa Ana's most upscale neighborhood in the mid 1920s.
Physician Howard N. Brothers applied for the permit to build this $4,200 house and garage in December 1922. Apparently Dr.
Brothers intended to use the property as an investment; he lived on North Broadway and maintained an office in downtown
Santa Ana. The first residents of the bungalow, according to city directories, were Fred R. and Emily E. Yea/}', who occupied
the house in 1926 and 1927. They were followed in 1928 by William E. Otis, Junior, vice-president of the Santa Ana Finance
Company, and his wife, Pearl. Dr. Brothers still owned the house as of July 1928. Subsequent residents included Mrs. Mabel
W. Blee, a clerk at Williard Junior High School and Har/}' Blee, a student, in 1934-1935, and Joe W. and Amalia S. McLoney,
from 1936 through at least 1948. Mr. McLoney was an electrician.
(See Continuation Sheet 3 of 3.)
811. Additional Resource Attributes: (List attributes and codes)
*612. References:
City of Santa Ana Building Permits
Santa Ana Histo/}' Room Collection, Santa Ana Public Libra/}'
Sanborn Maps
813. Remarks:
Sketch Map
MI:TCIIII4 llfIlK ~i-;
"
VE'
'0. 0
e
"
!) (!)@ <0 12 @ e
(See Continuation Sheet 3 of 3.)
*614. Evaluator: Leslie J. Heumann
(This space reserved for official comments.)
419 West Nineteenth Street
*Date of Evaluation: November 30, 2004
DPR 5238 (1/95)
25D~8
*Required information
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page -L of -L Resource Name or # (Assigned by recorder) Yea/}' House
"Recorded by Leslie J. Heumann "Date November 30, 2004 lB] Continuation 0 Update
*810. Significance (continued):
The Yea/}' House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by East Seventeenth
Street, North Flower Street, Riverside Drive, and Broadway. 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, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month,
he began building custom homes in Santa Ana" (Oranae Countv Register, September 15, 1981). The parcel chosen became
the Floral Park subdivision between Seventeenth Street and Santiago Creek. 'When built in the 1920s, the Floral Park
homes were the most lavish and expensive in the area. They sold for about $45,000 each" (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 Toro 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 tradition, 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 Yea/}' House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification
of the distinguishing characteristics of the a typical bungalow from the early 1920s. Typically, bungalows from this period
combined Colonial Revival and Craftsman characteristics. The Yea/}' House demonstrates this marriage of two styles, with
its nearly symmetrical fa9ade, ent/}' portico, and multi-paned windows and doors referencing the Colonial Revival and its
elephantine posts and exposed braces suggesting Craftsman traditions. The house also contributes to the historic character
of Floral Park through its age, style, and scale. Additionally, the house has been categorized as "Contributive" because it
"contributes to the overall character and histo/}''' of Floral Park, and, as an intact and representative example of an early
1920s bungalow, "is a good example of period architecture." Character-defining exterior features of the Yea/}' House that
should be preserved, include, but may not be limited to: materials and finishes (clapboard, brick); roof configuration and
detailing; massing; original windows and doors; portico; chimney; architectural details such as the braces, attic vent, and
porch supports; and garage.
*812. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encvclovedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995.
Whiff en, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
"Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981.
"Builder of Honer Plaza Dies," Oranae County Reaister, September 15, 1981.
"Histo/}' of Floral Park." http.//www.floral-park.com/page2.html
Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Includina Bio/oaical Sketches of Leadina Citizens.
Volume I. Whittier, Historical Publishers, 1963.
Santa Ana and Orange County Directories, 1922-1936.
CPR 523L
25D~9
MILLS ACT AGREEMENT
419 West Nineteenth Street
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 96103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this December 19, 2005 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 Sheryl L. Harvey, (hereinafter referred to as "Owner"), owner of real property
located at 419 West Nineteenth 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 419
West Nineteenth 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.
- 1 -
EXt!5{)-1 0
MILLS ACT AGREEMENT
419 West Nineteenth Street
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 ofthe 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 December 19, 2005, 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 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 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 -
250-11
MILLS ACT AGREEMENT
419 West Nineteenth Street
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 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 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.
- 3 -
250-12
MILLS ACT AGREEMENT
419 West Nineteenth Street
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 ifit determines 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 (currently set at twelve and one-half
(12 12) 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 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 provlSlons 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 Deputy City Manager for
Development Services 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
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250-13
MILLS ACT AGREEMENT
419 West Nineteenth Street
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 419 West
Nineteenth Street, Assessor Parcel Number, 002-101-19, 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:
Sheryl L. Harvey
419 West Nineteenth Street
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
419 West Nineteenth 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, 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 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 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.
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MILLS ACT AGREEMENT
419 West Nineteenth 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. 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 ofthe Council
DAVID N. REAM
City Manager
Property Owner:
Date:
By:
Sheryl L. Harvey
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
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250-16
MILLS ACT AGREEMENT
419 West Nineteenth Street
Santa Ana, CA 92706
Exhibit A
Parcel One:
Lot(s) 9 in Block A of Tract No 256, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 14 Page(s) 23 of Miscellaneous Maps, in the Office
of the County Recorder of said County.
Assessor Parcel No. 002--101-19
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MILLS ACT AGREEMENT
419 West Nineteenth Street
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 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 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
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MILLS ACT AGREEMENT
419 West Nineteenth 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.
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250-19
MILLS ACT AGREEMENT
419 West Nineteenth Street
Santa Ana, CA 92706
Exhibit C (photographs attached)
..
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250-20
MILLS ACT AGREEMENT
419 West Nineteenth Street
Santa Ana, CA 92706
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250-21
MILLS ACT AGREEMENT
419 West Nineteenth Street
Santa Ana, CA 92706
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250-22
MILLS ACT AGREEMENT
419 West Nineteenth Street
Santa Ana, CA 92706
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250-23
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