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Home My WebLink About25A - HISTORIC PROPERTY PRESV AGMT NO. 2006-001 CITY COUNCIL MEETING DATE: CLER OF COUNCIL USE ONLY: VED D As Recommended D As Amended D Ordinance on 1 sl Reading o Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For REQUEST FOR COUNCIL ACTION AUGUST 7, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-01 FOR THE PROPERTY LOCATED AT 2419 NORTH BONNIE BRAE ~ 1/~ CITY MANAGER CONT NUED TO FILE UMBER RECOMMENDED ACTION Direct the City Attorney to prepare and author' ze the City Manager and the Clerk of the Council to execute an agree ent with Glenn William Robertson and Jane Adair Robertson for the st ucture located at 2419 North Bonnie Brae. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council direct the Cit Attorney to prepare and authorize the City Manager and the Clerk of t e Council to execute an agreement with Glenn William Robertson and Jane Adair Robertson for the structure located at 2419 North Bonnie Brae at 'ts July 6, 2006 meeting by a vote of 7:0 (O'Callaghan and Seeley absent) DISCUSSION After the public hearing on July 6, 2006, the Historic Resources Commission reviewed the proposed Historic Proper y Preservation Agreement (Mills Act Contract) and concluded that the res lting potential property tax savings would encourage the owner to reinves the tax savings in the maintenance of their historic property, and woul benefit both the owner and the community (Exhibit A). Additionally, the agreement prevents inappropriate alterations. 25A-1 HPP Agreement No. 2006-01 August 7, 2006 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement wil revenue to the City by an estimated $79.21 to period of not less than ten years. reduce the property tax $396.01 annually, for a APPROVED AS T FUNDS AND ACCOUNTS: 9K:..~1...---, JWM. Trevino Executive Director Planning & Building ~a /tt1 ~ranci~co G~t roV"1;:xecutlve Dlr Finance & Man Agency HS:rb ha\hiatoric info\mills act agreements\hppa06 Ol_2419_N_BonnieBrae.cc 25A-2 ~-/~ , ..--... '--.J errez ctor gement Services Agency~ REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES COIIIMSSIOI~ I\oEEI1IIG DAlE: JULY 6, 2006 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2006-01 FOR THE PROPERTY LOCATED AT 2419 NORTH BONNIE BRAE HIST RESOURCES COMMISSION SECRETARY APPR VED o As Recommended o As Amended o Set Public Hearing For CONT NUED TO Prepared by Hally Soboleske ~../"" ,) Executive Director ~-<<- ~ . I Planning flA2(nager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of th Council to execute an agreement with Glenn William Robertson and Jane Adair Robertson for the structure located at 2419 North Bonnie Brae. DISCUSSION Request of Applicant The applicants, Glenn William Robertson and request the approval of Historic Property Pre 2006-01 (Mills Act) between the applicant and the Jane Adair Robertson, ervation Agreement No. City of Santa Ana. Property Description The subject property includes a two-story car garage located at 2419 North Bonnie Floral Park neighborhood (Exhibit 1). residential. reside ce and a detached Brae, and is within the Surr unding land uses Analysis of the Issues two- West are 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 pro erties. The agreement provides monetary incentive to the property 0 ner 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 rep ir and to rehabilitate the property as necessary to maintain its ch racter and appearance. Once recorded, the agreement triggers the use a different valuation method in determining the property's assessed lue, thereby resulting in potentially significant property tax savings f r the owner. E~~~~ HPPA No. 2006-01 July 6, 2006 Page 2 One of the eligibility requirements for the ills Act is that the property must be listed on the Santa Ana egister of Historical Properties. The subject property was placed on the local register and categorized as Key in March 2006 by the Histo ic Resources Commission (Exhibi t 1). Upon consideration of the application, it is re ommended that the City enter into a Historic Property Preservation Ag eement (Exhibit 2). A review of the property indicates that this Tudor Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be req ired as part of this agreement. Photos of the property are include with the agreement as well as a photo location map. The benefits of xecuting this agreement include, but are not limited to, the following: 1. Reduced property tax to allow preservation of the property. for the long-term 2. Allows for a mechanism to provide for proper y rehabilitation. 3. Provides an additional incentive for poten ial buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual impro ement 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 Environme tal Quality Act, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. oleske e Planner HS:jm hs\historic info\mills act agreements\hppa06-01 2419~N_BonnieBrae.hrc 25A-4 2J3B 2330 u'"" 1<< 3i o i UNK 339 335 32. 325 2Jll 2311 305 222< ~ ~ 2232 p21 2220 225 ;;; '0 22JB 2230 i NK 2214 22u 0 ~14 22JO 2212 ~ 200 :),~(' 500 feet HPPA 2006-01 ROBERTSON RESIDENCE 2419 NORTH BONNIE B E PLANNING AND BUILDING AGENCY tS~'!'5 1 EXECUTIVE SUMMARY D. R. BALL HOUSE 2419 North Bonnie Brae Avenue Santa Ana, CA 92701 -l REF, NO, I NAME 1 D. R, Ball House I ADDRESS 1 2419 North Bonnie Brae Avenue I CITY 1 Santa Ana I YEAR BUILT 11926 I HISTORIC DISTRICT 1 N/A I CALIFORNIA REGISTER CRITERlA FOR EY ALUATION I ZIP I 92701 I ORANGE COUNTY I LOCAL REGISTER CATEGORY: Key I NEIGHBORHOOD I West Floral Park I 2, 3 I CALIFORNIA REGISTER STATUS CODE 1202 Location: 0 Not for Publication I8J Unrestricted o Prehistoric I8J Historic o Both ARCffiTECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows ofleaded glass or diamond patterned lights, The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s, SUMMARY/CONCLUSION: The D, R. Ball House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 4, for its association with a locally famous person and family, and under Criterion I for its exemplification of the distinguishing characteristics of the Tudor Revival style The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with important members of the local business and social community. Additionally, the house has been categorized as "Key" because it"is associated with a significant person," Dr. Dexter R. Ball, and because it "has a distinctive architectural style and quality" as an example of the Tudor Revival style (Municipal Code, Section 30-2,2), Because the North Broadway Corridor has been determined eligible for the National Register for its "historical/cultural significance to the City" as an example of the City Beautiful planning movement, the D, R. Ball House, as a contributor to the district, has been listed in the California Register, EXPLANATION OF CODES: . California ReQister 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. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003,) 2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Rel!;ister. tS~~ 2 State of California - The Resources Agency Primary # I DEPARTMENT OF PARKS AND RECREATION HRI # I PRIMARY RECORD Trinomial I NRHP Status Code Other Listings . I Review Code Reviewer I Date Page -L of ~ Resource name(s) or number (assigned by recorder) D, R, Ball House P1. Other Identifier: 'P2. Location: DNot for Publication _Unrestricted 'a. County Orange County 'b. USGS 7.5' Quad: TCA0054 Date: 'c. Address 2419 Nofih Bonnie Brae Avenue City Santa Ana Zip 92706 'e. Other Locatlonal Data: Assessor's Parcel Number: 002-121-13 *P3a. Description: (Describe resource and its major elements. Include design, materials, co dition, alterations, size, setting, and boundaries.) A pair of steeply pitched front gables centered on the faqade anchors the design of this one-story Tudor Revival residence, Sheathed with stucco. the house features decorative half-timbering in the easter gable, which shelters the entry, Paired wooden posts with simple brackets form a slightly arched opening to the vestibul , The front door features a planked design with a small window, A side-gabled roof caps the building, and is accented by a himney attached to the faqade towards the west end, The chimney is asymmetrical, wffh its west flank stepping down and 0 t in a series of drops and curves, Windows are primarily casements in type, with two notable groupings: a row of five single asements along the east half of the faqade and a band of two double casements framed by wooden shutters that is centere beneath the western of the two front gables, A tall and narrow attic vent, with small arched niches to effher side is ce tered in the west gable end, A second chimney is attached to the east elevation, Beyond the house, a front-gabled ga ge is also stucco-clad and gable-roofed, (See Continuation Sheet 3 of 4.) 'P3b. Resource Attributes: (list attributes and codes) HP2, Single-family Property 'P4. Resources Present: _Building DStructure DObject DSite P5a, Photo ~~,::f-: P5b. Photo: (view and date) South elevation January 2006 'P6. Date Constructed/Age and Sources: _historic 1926/City of Santa Ana Building Permits 'P7. Owner and Address: Jane and Glenn Robertson 2419 North Bonnie Brae Santa Ana, CA 92706 'P8. Recorded by: Leslie J. Heumann 600 N, Sierra Bonita Ave. Los Angeles, CA 90036 'P9. Date Recorded: March 13, 2006 'P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") Califomia Department of Transportation, Broadway Overcrossing Historic Prope Survey, March 1979, 'Attachments: DNone DLocation Map DSketch Map _Continuation Sheet _Buildin ,Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Stati n Record DRock Art Record DArtifact Record DPhotograph Record D Other (list) CPR 523A (1/95) 25A~ 7 *Required Information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page L of ~ *NRHP Statu *Resource Name or #: D, R. Ball House B1, Historic Name: D. R. Ball House B2, Common Name: Same B3, Originai Use: Single-family Residence B4, Present se: Single-family Residence *65. Architectural Style: Tudor Revival *86. Construction History: (Construction date, alterations, and date of alterations): Cons ructed in 1926. Code 2D1 September 23, 1926. Residence and garage, September 9, 1991. Reroof garage, 2005. One-story addition. *67. Moved? .No eVes eUnknown Date: *68. Related Features: Original Lo tion: Garage, B9a, Architect: Unknown b, Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Period of Significance: circa 1888-1953 Property Type: Single-family Resi nce Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, an geographic scope. Also address integrity) The D. R. Ball House is historically significant for its association with Dr, Dexter . Ball and his family and architecturally notable for its Tudor Revival styling, According to the building permitissued on eptember 23, 1926, the house and garage were built for a cost of $7, 750. Previously, Dr, Dexter R, Ball and his wife, Edna ,Ball, had resided at 2306 Spurgeon, When it was constructed, this house was twelfth house to be erected on Bonnie rae and it was until after World War the westernmost house on the street, The Balls occupied the house for over fifty ye rs, They were quoted in the Santa Ana Reaister in 1976: 'When we moved here, this was the country" ("Country Doctor Has More Than One Doctor in the House," Santa Ana Reoister. December 23, 1976), (See Continuation Sheet 3 of 4.) 811. Additional Resource Attributes: (List attributes and codee:.) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (This space reserved for official comments.) (See Continuation Sheet 4 of 4.) B13, Remarks: *614. Evaluator: Leslie J. Heumann *Date of Evaluation: March 13, 2006 2419 North Bonnie Brae nn?_1?1_1~ DPA 523B (1/95) *Required information 25A"68 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI# Page ~ Of2 "Recorded by Leslie J, Heumann Trinomial Resource Name or # (Assigned by rec "Date March 13, 200 rder) D, R, Ball House IRI Continuation 0 Update In good condition, the house was modified in 2005 by the addition of a 536,5 sq faqade west of the two front gables. The addition conforms to the original desi subtly differentiated from it by a slightly different setback, a lower ridgeline, exp integral treatment of the spark arrester atop the chimney. are foot wing, comprising the portion of the of the house in style and scale, but is sed rafters in the eaves. and the modem. "P3a. Description: "B10. Significance (continued): Dexter R, Ball was the second generation of a medical family that achieved a hI h level of distinction in Santa Ana and Orange County, Patriarch Dr, Charles Dexter Ball came to Santa Ana 1887 fro Canada. With his second wife, Emma, Dr, C. D, Ball had four children: John D, and Dexter R, both of whom followed thel father into medicine; Charles, whose engineering career encompassed consulting on the designs of Hoover Dam an the Golden Gate Bridge; and daughter Arvilla, a teacher, A man of many interests, Dr, Charles D, Ball was a founder f the first hospital in Orange County, the Orange County Medical Association, and the Orange County Historical Society, in addItion to serving on the Board of Education and in the State Assembly, He also remembered for authoring the b oks. Oranae Countv Medical Historv and Pioneer Churches of the Santa Ana District, Dr, C, D, Ball died in 1937, Born in Santa Ana. Dexter R Ball was educated at Santa Ana High School and the University of California at Berkeley, and received his medical training at the University of California at San Francisco, H began practicing medicine in 1922, joining his father's practice along with his brother, John, When the elder Dr. Ball was isabled by a car accident, "DR." and "Jack" took the lead in the practice, Both followed in their father's footsteps and serve as presidents of the Orange County Medical Association Jack specialized in surgery, while D R. practiced general medicine and obstetrics and was said to have delivered 3,700 babies by 1968, Edna Ball, whom D, R married in 1921, was also a civic leader, as a charter member of the Santa Ana Assistance League, a life member of the Ebell Club, nd a charter member of the Orange County Medical Association Women's Auxiliary, DR. and Edna had three sons, Dexte T" Robert, and Donald, all of whom became doctors, along with their cousin, Jack's son John D" Junior, D, R was the olde t practicing physician in Orange County at the time of his retirement in 1970, He died, at home, in 1978 at the age of 83, The D, R Ball House is located in Floral Park, a neighborhood northwest of do ntown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway, Grov s of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920, Developer nd builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa An ,arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356), "Before nightfall on the day of his rrival, Mr, Honer purchased a parcel of land, And that month, he began building custom homes in Santa Ana" (Oranae Coun v Reaiste~ 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, hey sold for about $45,000 each" (Oranae Countv Reaister, September 15, 1981), Revival architecture in a wide variety 0 romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French orman, Spanish Colonial, and Colonial Revival, The Allison Honer Construction Company went on to complete such n table projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Taro Marine Base during World War II, and the 960 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 betwe n West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival style, Including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive, In the early post World War II years, FI ral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Pa k tradition, they were mostly revival in style, In the 1950s, low, horizontal Ranch Style houses completed the growth of Flora Park, Today (2005) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to man affluent and prominent citizens. The D, R Ball House has been determIned eligible for listIng in the National Re ister of Historic Places as a contributor to a North Broadway Park historic district that is bounded by Riverside Drive, Santa lara Avenue, North Broadway, and North Flower Street. Comprising the northern end of the Floral Park neighborhood, N rth Broadway Park was subdivided in 1923, The Keeper of the National Register found that: "North Broadway Park reflects he City Beautiful planning movement in Southern California during the early twentieth century, The vernacular adaptati ns of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and plea ant middle class suburban neighborhood DPR 523L 25A"69 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page ~ of 2 Resource Name or # (Assigned by rec rder) 0, R, Ball House 'Recorded by Leslie J, Heumann 'Date March 13, 200f IiiI Continuation 0 Update 'B10. Significance (continued): environment which is unique in the early historical development of the city of S, nta Ana, ,,1 Under the regulations implementing the Califomia Register of Historical Resources, the 0, R. Ball Ho se has been listed in the California Register, It also qualifies for listing in the Santa Ana Register of Historical Properties und r Criterion 4, for its association with a locally famous person and family and under Criterion 1 for its exemplification of the di. inguishlng characteristics of the Tudor Revival style, The verticality of the gables, attic vents, and chimneys and the s licco cladding in combination with decorative half-timbering, a wood-framed entry vestibule, and planked front door represen the Tudor Revival as it was interpreted in southern California, The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with important members of the local busin ss and social community, Additionally, the house has been categorized as "Key" because it "is associated with a significaf t person," Dr, Dexter R, Ball, in the history of the City and because it "has a distinctive architectural style and quality" as an e ample of the Tudor Revival style, Character-defining exterior features of the 0, R. Ball House that should be pres rved include, but may not be limited to: original materials and finishes (stucco, wood); roof configuration and pitch; asy metrical composition; entry; original doors and windows; architectural detailing (half-timbering, attic vents and flanking nic es, entry posts and brackets); and garage, 'B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia, New York, WW Norton, 1998. Marsh, Diann, Santa Ana, An Illustrated Historv. Encinitas, Heritage Publishin , 1994, McAlester, Virginia and Lee, A Field Guide to American Houses, New York: AI ed A. Knopf, 1984, National Register Bulletin 16A. "How to Complete the National Register Regist ation Form," Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991, Office of Historic Preservation, "Instructions for Recording Historical Resource ," Sacramento: March 1 995, Whiffen, 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 Countv Reaister. September 15, 1981, "Charles Dexter Ball, MoO,," The Reaister. June 17, 1937. "County Doctor Ball Services Set Friday," Dailv Pilot, January 5, 1978, "County Family Has More Than One 'Doctor In The House,'" The Reaister, Dec mber 23, 1976, "Death Takes Well Known Civic Leader. The Reaister, January 16, 1937, "Dexter R, Ball. Dean of DC's Doctors, Dies," (No source), January 5, 1978, "Dr, and Mrs, Dexter Rankin Ball," Santa Ana Reaister, June 6, 1971, "Dr, Ball Given Honor at Meetin Bay City," (No source), October 16, 1956.. "Dr, Ball Rites Held on Friday," The Reaister, June 17. 1937, "Dr, John Ball, Jr" third-generation surgeon, dead at 57," The Reaister, Novem er 23, 1982, "Family of Doctors Follows County Tradition Since '87," The Reaister, January , 1968, "Family toast three generations of DC doctors," The Orani'e Countv Renister: [lecember 1, 1987, "History Makers: Charles Dexter Ball, Pioneer Doctor Active in Historical Pursu ts," Santa Ana Journal. August 18, 1935, "Isabel Ball, 75, Dies At Home," (No source), October 11, 1970. "Pioneer Resident Called by Death," (No source or date). "Prominent Surgeon Drops Dead," Santa Ana Reaister. December 21, 1951, "Rites Today For Dr, Dexter Ball," Los Anaeles Times< January 7, 1978.. Armor, Samuel. HistorvofOranae Countv. 1911 and 1921, Ball, Charles Dexter, Oranae Countv Medical Historv, Santa Ana: A. G, Flagg, 1926, Pleasants, Mrs, J. E. Historv of Oranae Countv, Los Angeles: J, R. Finnell & ~ ons Publishing Co" 1931, Guinn, James Miller. Historical and Bioaraohical Record af Southern California, Chicago: Chapman Publishing Co" 1902, Talbert, Thomas (editor-in-chief), Historical Volume and Reference Works Inr.II dina Bioaraohical Sketches of Leadina Citizens. Volume I. Whittier, Historical Publishers, 1963, "History of Floral Park." http://www.floral-park.comlpage2.html Santa Ana and Orange County Directories, 1926-1956, 1 Determination of Eligibility, February 25, 1980. DPR 523L 25A-1 0 o 6 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 2 of 2 Resource Name or # (Assigned by rec rder) 0, R, Ball House >Recorded by Leslie J, Heumann >Date March 13,200 Ii1I Continuation 0 Update P5b. Photograph .....r ( "-.. ;:>- 2419 N. Bonnie Brae Avenue, south elevalion, prior to 2004 addition CPR 523L 25Af;,11 M/LLSACTAGREEMENT 24/9 North Bonnie Brae 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 g6l03 HISTORIC PROPERTY PRESERVATION AG IrnEMENT This agreement ("Agreement") is made and entered into this August 7, 2006 by and between the City of Santa Ana, a charter city and municipal cotporation duly organized and existing under the Constitution and laws of the of the State of CalFornia (hereinafter referred to as "City"), and Glenn William Robertson and Jane Adair Robertson, (hereinafter referred to as "Owner"), owner of real property located at 2419 North Bonni<< Brae, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Registe of Historical Properties, RECITALS A. The City Council of the City of Santa Ana s authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical propert' es to provide for appropriate use, maintenance, rehabilitation and restoration sucl that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that cdiain qualified real property together with associated structures and improvemmts thereon, located at 2419 North Bonnie Brae, Santa Ana, CA, 92701 and n ore particularly described in Exhibit "A," attached hereto and incorporated hereir 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 0 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 th use and alteration of this Historic Property in order to enhance and maintaiu its value as a cultural and historical resource for the Owner and for the commtlnity; 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- ~1! MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter I, Part 5 of Division 1 f Title 5, Article 12, Section 50280 et seq., which will enable the Historic Propert to qualify for an assessment of valuation as a restricted historical property pursu t 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 0 ner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on Augu t 7, 2006, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon th anniversary of the effective date of this Agreement, such initial term will automatically be exte ded as provided in California Government Code Sections 50280 through 50290 and in Section 2, elow. 2. Renewal. a. Each year on the anniversary of the effective date 0 this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agre ment unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not 0 renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the A eement on the other party. Unless such notice is served by the Owner to the City at least ninet (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty ( 0) days prior to the annual renewal date, one (1) year shall automatically be added to the term f the Agreement as provided herein. c, Within 30 days from receipt of City's notice ofnonr newal, the Owner may file a written protest of City's decision ofnonrenewal. The City may, a any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of onrenewal. d. If either the Owner or the City serves notice to th other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the te then remaining, either from its original execution or from the last renewal of the Agreement, wh chever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property sh 11 be subject to the following conditions, requirements and restrictions: 2SA-13 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a g od state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate t e property and its character- defining features, notably the general architectural form, stye, materials, design, scale, proportions, organization of windows, doors, and other openings textures, details, mass, roof line, porch and other aspects ofthe appearance ofthe exterior to th satisfaction of the City. b. All changes to the Historic Property shall comply ith applicable City plans and regulations, and conform to the rules and regulations of the Office fHistoric Preservation of the State of Department of Parks and Recreation, namely the D.S Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. T ese guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this refl rence. The condition of the exterior of the property, as of the effective date of this Agreement, 's documented in photographs attached hereto as Exhibit B and incorporated herein by referen e. Owner shall continually maintain the Historic Property in the same or better condition as do umented in Exhibit C. c. A view corridor enabling the general public to see t e 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, nces or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Hi toric Property or destruction of character-defining features of the building or site; removal oftre s 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 addi ions unless approved by the Historic Resources Commission and such alternations are in ke ing with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired stru tures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discard d or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, st cture or vegetation which is unsightly by reason of its height, condition, or inappropriate locatio . e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of t e County Assessor, the State Department of Parks and Recreation, the State Board of Equalizati n, 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 ofInformation. The Owner hereby agrees to furnish the City with any which may be necessary or advisable to determine compliance wit this Agreement. isA-14 d all information requested the terms and provisions of 5. Cancellation. MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 a. The City, following a duly noticed public hearing b the City Council as set forth in Goverrunent Code Section 50280, et. seq., may cancel this Agre ment if it determines that the Owner has breached any of the conditions of this Agreement, or !lave allowed the property to deteriorate to the point that it no longer meets the standards for a ( ualified Historic Property, or if the City determines that the Owner has failed to restore or reJlabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is c Incelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as se forth in Goverrunent Code Section 50286. This cancellation fee shall be a percentage (curren ly set at twelve and one-half (12 \1,) percent by Goverrunent Code Section 50286) of the cur ent fair market value of the property at the time of the cancellation, as determined by the coun y assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquak , 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 hall 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 damain and the City Council determines that the acquisition frustrates the purpose of this Agree nent, this Agreement shall be cancelled and no fee imposed, as specified in Goverrunent Code Se tion 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any prOVISIOns 0 cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin th breach of, the terms of the Agreement. In the event of a default, under the provisions to (ance1 the Agreement by the Owner, the City shall give written notice to the Owner by registere( 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 thereaft~r, or if not corrected within such a reasonable time as may be required to cure the breach or ~efault, or default cannot be cured within thirty (30) days (provided that acts to cure the breach ( r default may be commenced within thirty (30) days and shall thereafter be diligently pursued t 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 ob1i ations 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 b~ appropriate. b. The City does not waive any claim of default by th Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in e uity which are not otherwise provided for in this Agreement or in the City's regulations gOV! ming historic properties are available to the City to pursue in the event that there is a breach oft\.is Agreement. No waiver by 25A-15 MILLS ACT AGREEMENT 2419 North Bonnie Brae 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 2419 North Bonnie Brae, Assessor Parcel Number, 002-121-13, 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: Glenn William Robertson and Jane Adair Robertson 2419 North Bonnie Brae Santa Ana, CA 92706 25A-16 10. General Provisions. MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 a. None of the terms, provisions, or conditions ofthi 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 hol~ the City and its elected and appointed officials, officers, agents, and employees hannless from iability 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 hose of his or her contractor, subcontractor, agenda, employee, or other person acting on his or I er behalf which relates to the use, operation, and maintenance of the Historic Property. The Ow: er 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 hannless provision applies to all dam ges and claims for damages suffered, or alleged to have been suffered, and costs of defens incurred, by reason of the operations referred to in this Agreement regardless of whether or ill t the City prepared, supplied, or approved the plans, specifications or other documents for the His oric Property. d. All of the Agreements, rights, covenants, n servations, and restrictions contained in this Agreement shall be binding upon and shall inur 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 my 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 restri tions contained herein, or to determine the rights and duties of any party hereunder, the prevai ing 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, r by subsequent preemptive legislation, the validity and enforceability of the remaining provisi ns, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed i accordance with the laws of the State of California. 2tA-17 11. Recordation. MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 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 ofthe Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, tr e owner or agent of an owner shall provide written notice ofthis Agreement to the Office of Hist( ric Preservation. 13. Amendments. This Agreement may be amended, 10 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' ritten above. 15. Signatures. ATTEST: CITY OF SM TA ANA P ATRlCIA E. HEALY Clerk of the Council DAVID N. RE f\M City Manager Property Owners: Date: By: Glenn William ROberSOn By: Jane Adair Robertsor Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7 - 25A-18 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 Exhibit A Parcell: The East 23 feet of that portion of Lot 3 of Potts, Borden and Sidwell Tract, as per Map thereof recorded in Book 4, Page 624 of Miscellaneous Recor s of Los Angeles County, California, described as follows: Beginning at the point of intersection ofthe North line ofBonn'~ Brae with the West line of Tract 761, as per thereof recorded in Book 22, Page 35 of Misc~lIaneous Maps, records of said Orange County; thence West along the Westerly extensi< n of the North line of said Bonnie Brae to a point in a line which is 101 feet West of and I arallel with the 164.75 feet to the South line, of Tract No. 761; Thence North 1 degree, 03' 5" East along said Parallel line 164.75 feet to the South line of Tract No, 755, as per Map t ereof recorded in Book 22, Page 33 of Miscellaneous Maps, records of said Orange Coun~; thence East along said South line to the West line of said Tract 761; thence South 1 de ree 03' IS" West along said West line, 164.75 feet to the point ofbegiJ ning. Assessor Parcel No. 002-121-13 - 8- 25A-19 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commis ion and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic uildings, as follows: 1. Every reasonable effort shall be made to provide a ompatible use for a property which requires minimal alteration of the buildin , structure, or site and its environment, or to use a property for its originally i ended purpose. 2. The distinguishing original qualities or character 0 a building, structure or site and its environment shall not be destroyed. The emoval or alteration of any historic material or distinctive architectural featu es should be avoided when possible. 3. All buildings, structures, and sites shall be recogni ed as products of their own time. Alterations that have no historical basis and hich seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the cours of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance i their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of silled craftsmanship which characterize a building, structure, or site shall be tre ed with sensitivity. 6. Deteriorated architectural features shall be rep ired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in comp sition, design, color, texture, and other visual qualities. Repair or replacement of issing architectural features should be based on accurate duplications of feat es, substantiated by historic, physical, or pictorial evidence rather than on conj ectural designs or the availability of different architectural elements om the other buildings or structures. 7. The surface cleaning of structures shall be undert en 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 protec and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions t existing properties shall not be discouraged when such alterations and additio s do not destroy significant historical, architectural or cultural material, an su design is compatible with 25A-20 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to st ctures 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 ofthe structure would b unimpaired. 21SA-21 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 Exhibit C (photographs attache ) ..:~t.c ..,-. '\..,_;...,.L,_ "., ):':~,c:"}~\',,,_:_;~L ',. - 11 - 25A-22 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 II Ill.ow'!IIIJ I ,iW ,Ilill~i: II,,~,IIIII, Jl, I! -12 - 25A-23 MILLS ACT AGREEMENT 2419 North Bonnie Brae Santa Ana, CA 92706 - 13- 25A-24 I ')"^"-~ c.. e:( :E z o - t- e:( U o ..J o t- O :I: c.. W ~ m w - z z o m :I: t- ~ o z 0) ~ oqo N I '" ~ ci LO ~ ------------ e (I.) e ~ CO " 0Cl (I.) LO c: c: 8 0 co .c t:: 0 Z >- e <( ;:: u.J > a: 0 ----------- I ti: o .. '" LO '<i ... ~ 25A:'25 ------ I 8i . I . I . I . I . I . I . I . ______1 25A-26 Il