HomeMy WebLinkAbout25A - 1310 S. BIRCH STREET
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
AUGUST 21, 2006
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2006-02 FOR THE
PROPERTY LOCATED AT 1310 SOUTH
BIRCH STREET
t2J /IlL-
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
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Deborah J. Davidson
for the structure located at 1310 South Birch 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 Deborah J. Davidson for the structure located at 1310
South Birch Street at its August 3, 2006 meeting by a vote of 7:0 (Cook-
Giles abstained and Bustamante absent) .
DISCUSSION
After the public hearing on August 3, 2006, 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. 2006-02
August 21, 2006
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $39.51 to $393.02 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
~.~
Jay . Trevino
Exe tlve Dlrector
Planning & Building Agency
"\~'\~J ~~~~
Francisco Gutierrez
Executive Director ~
Finance & Management Services Agency
HS:rb
hs\historic info\mills act agreements\hppa06-02_1310_S_Birch.cc
25A-2
REQUEST FOR
Historic Resources Commission Action
HISTORIC RESOURCES COMMSSION PtIIEED.JG DAlE:
AUGUST 3, 2006
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2006-02 FOR THE PROPERTY
LOCATED AT 1310 SOUTH BIRCH STREET
HISTORIC RESOURCES COMMISSION SECRETARY
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
~eCUlive Director
\~~
Planning anager
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 Deborah J. Davidson for the structure located at 1310
South Birch Street.
DISCUSSION
Request of Applicant
The applicant t Deborah J. Davidsont
Property Preservation Agreement No.
applicant and the City of Santa Ana.
requests
2006-02
the approval
(Mills Act)
of Historic
between the
Property Description
The subj ect property includes a single story residence and a detached
two-car garage located at 1310 South Birch Streett and is within the
Wilshire Square neighborhood (Exhibit 1). Surrounding land uses are
residential.
Analysis of the Issues
In March 1999t the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA)t commonly known as the
Mills Act contractst 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 recordedt the agreement triggers the use of a different valuation
method in determining the propertyt s assessed valuet thereby resulting
in potentially significant property tax savings for the owner.
EXHIBIT A
25A-3
HPPA No. 2006-02
August 3, 2006
Page 2
One of the eligibility requirements for the
property must be listed on the Santa Ana
Properties. The subject property was placed
categorized as Contributive in October 2003
Commission (Exhibit 2)
Mills Act is that the
Register of Historical
on the local register and
by the Historic Resources
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 3). 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.
~
Associate Planner
HS:jm
hs\historic info\mills act agreements\hppa06-02_1310_S_Birch.hrc
25A-4
500' RADIUS
H PP A-2006-02
Deborah Davidson
1310 South Birch Street
P LAN N
N G AND B U I L DIN GAG E N C Y
2ri~51
EXECUTIVE SUMMARY
MASIN HOUSE
1310 South Birch Street
Santa Ana, CA 92707
NAME
ADDRESS
CITY
YEAR BUll..T
Masin House
REF. NO.
1310 South Birch Street
Santa Ana
ZIP 92707
ORANGE COUNTY
1925
mSTORIC DISTRICT
N/A
LOCALREGISTERCATEGORY: Contributive
NEIGHBORHOOD Wilshire Square
NATIONAL REGISTER CRITERIA FOR BV ALUA TlON C
NATIONAL REGISTER STATUS CODE
5S1
Location: 0 Not for Publication
t81 Unrestricted
o Prehistoric
~ Historic
o Both
ARCHlTECTURAL 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 Hcnry Greene of Pasadena. It drew from the wood building traditions of I apan and
Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture sl1"eSSed 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 land~ and the incorporation of capacious
porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable aDd hipped
oo(s with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of
.tone 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 19208.
SUMMARY/CONCLUSION:
The Masin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the
"distinguishing characteristics of an architectural style or period." Additionally. the house has been categorized as "Contributive"
because it "conb'ibutes to the overall character and history" of Wilshire Square and "is a good example of period architecture" as an
illustration of the 19205 Craftsman style (Municipal Code Section 30-2.2)."
;..~~ (From~7ofI_f<vRoooromg~21~:..
- . 'C:' chat e~f. the-diSanaive. characteNtks ofa type, peri04.oTlnethod of const.ructio~. ordiij.., .;ft:; ." ..'
.. . . . . wOrt oh.iDlq~o~dJa.t pOssess Jijgh ~tie value.. OJ' dfai represent. asignifieant anCJd' - . . . ~ .:'
_, .' ..' . wtilise ~m~f~j iack i~iVicilial di~~n.' ." . - :'.:; ':'}t:~"';:;~:i::; <"
. ..' . Co :. "..:
.' ~ ~atio~ Re~ Status Cooe:(From Appendix 2. of Instructions for Recording Historical Reaources, ~ ~f~..,:' .
~tioa:l) . '. . ..:~; .::'~>-": ; . .
m Isscparate1y listcci or.designated under an existiog local ordinance. or is eligible for such l~i (;lr~~tion.
2gA~62
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code
Page -.L of ~
P1. Other Identifier:
*P2. Location: oNot for Publication -Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA 1667 Date:
*c. Address 1310 South Birch Street City Santa Ana
*e. Other Locational Data: Assessor's Parcel Number N TR 352 BLK 15 LOT 3
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Other Listings
Review Code Reviewer
Resource name(s) or number (assigned by recorder) Masin House
Date
Zip 92707
This well-maintained Craftsman bungalow is one of the few examples of the style in the Wilshire Square neighborhood. It is
one story, topped by a cross-gabled roof, and sheathed in narrow clapboard siding. Beams and rafter tails are visible in the
overhanging eaves. A front gabled porch occupies the north half of the fayade. Art stone pedestals and tapered posts
support the porch gable, and a metal weather vane crowns the apex. A large, tripartite window is centered on the south half
of the fayade. Window surrounds feature slightly extended headers. On the south elevation, an attached brick chimney rises
above the roof. The garage, located in the rear of the lot on the south, is similar in style and materials and has been
embellished with a mural, painted by the current (2003) owner, artist Deborah Davidson. Edged by a white picket fence, the
property is substantially unaltered.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: -Building oStructure o Object oSite o District oElement of District oOther
P5b. Photo: (view and date)
East elevation
September 2003
*P6. Date Constructed/Age and
Sources: -historic
1925/ Source: City of Santa Ana
Building Permits
*P7. Owner and Address:
Deborah J. Davidson
1310 South Birch Street
Santa Ana, CA 92707
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
October 1, 2003
Intensive Survey
*P10. Survey Type:
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
*Attachments: oNone oLocation Map oSketch Map -Continuation Sheet -Building, Structure, and Object Record
oArchaeological Record oDistrict Record oLinear Feature Record oMilling Station Record oRock Art Record
oArtifact Record oPhotograph Record 0 Other (list)
DPR 523A (1/95)
*Required information
25A.~7
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUilDING, STRUCTURE, AND OBJECT RECORD
Page -2- of ~ *NRHP Status Code 5S1
*Resource Name or #: Masin House
B1. Historic Name: Masin House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*85. Architectural Style: Bungalow/Craftsman
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1925.
February 21, 1925. Residence and garage.
September 5, 1929. Fireplace.
June 6, 1939. Reroof.
December 20, 1948. Addition to residence (16' x 18').
November 30, 1989. Reroof with tear off (house and garage).
January 24, 1990. Storage room (garage).
*87. Moved? -No DYes DUnknown Date:
*88. Related Features:
Original Location:
Garage.
B9a. Architect: Unknown
b. Builder: George Styring (attributed)
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Masin House is architecturally significant as one of the few Craftsman style homes in the Wilshire Square neighborhood.
Although the Craftsman style continued to be popular into the early 1920s, most home builders in the area chose to use the
revival styles that had become fashionable during that decade. This house and garage were constructed in 1925 at a cost of
$4,000.00. The owner, George Styring, was a building contractor, and probably made the improvements himself as an
investment, since the house was immediately sold to Joseph and Muriel Masin. Mr. Masin was a pharmacist at the Santa
Ana Drug Company. From 1931, only Mrs. Masin appears in the city directories as the occupant; she continued to reside at
this address until at least 1948, according to the building permit records.
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes)
*812. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
Sk h M
(This space reserved for official comments.)
etc ap I 1
Masin House
1310 South Birch Street
.. WLSIME
.
w ss. ..
" 0TR~ CT @ ~
'"
i 18 ,
CD 0 @ .
y ,
- ~ ." " .2
1I!l"
K (0 @ .
\S J
. CD 0 .
" 4
(See Continuation Sheet.4 of 4.)
B13. Remarks:
*814. Evaluator: Leslie J. Heumann
*Date of Evaluation: October 1,2003
DPR 5238 (1/95)
25A'58
*Required information
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page ~ of -.L Resource Name or # (Assigned by recorder) Masin House
*Recorded by Leslie J. Heumann, SAle *Date October 1, 2003 lBJ Continuation 0 Update
*810. Significance (continued):
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as
Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of
Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and
selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods
initially developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with
cultivated fields and orchards dotted with widely scattered farmhouses.
The Masin House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West
McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower
Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut
and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden
Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K.
Hanson, O'Brien, and Lewis.
Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing
between $635.00 and $1,875.00 boasted "five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees"
(Santa Ana Reaister. April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the
remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished
circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In
1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A
1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set
aside for "courts and apartments, " apparently as a buffer for the "neighborhood business" zone on South Main Street. By
1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger A venues on Birch,
Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between
1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War II.
Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase,
circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the
Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked
the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World
War /I building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of
mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue
collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height,
scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities
today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the
American Institute of Architects in 1997.
The Masin House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with
the "distinguishing characteristics of an architectural style or period." The Craftsman style, although simplified during the
1 920s, still exhibited the horizontal lines, low pitched gable roofs, and capacious front porches that had characterized
bungalows during the previous two decades, and all of these features can be observed on the Masin House. Additionally,
the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Wilshire
Square and ''is a good example of period architecture" as an illustration of the 1920s Craftsman style. Character defining
exterior features of the Masin House that should be preserved include, but may not be limited to: materials and finishes
(wood, clapboard, brick, art stone); roof configuration and treatment; massing and composition; original doors and windows;
porch; chimney; and architectural detailing (porch supports, rafter tails, window surrounds, etc.).
CPR 523L
25A'59
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page ~ of ~ Resource Name or # (Assigned by recorder) Masin House
*Recorded by Leslie J. Heumann, SAle *Date October 1, 2003 lBJ Continuation 0 Update
*812. References (continued):
Harris, Cyril M. American Architecture: An Illustrated EncvcloDedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995.
Historic maps in the collection of the History Room of the Santa Ana Public Library.
Santa Ana and Orange County Directories, 1905-1931.
Santa Ana Reaister. Apri/12, 1923.
'Vintage Santa Ana Right On Track." The Reaister. January 13, 1990.
"Neighbors Gear Up For Big Project." Los Anaeles Times. August 6, 1992.
"Neighborliness Lives On Wi/shire Square's Streets." Los Anaeles Times. October 5, 1996.
'Wilshire Square-A Profile in Pride of Ownership." Citv Line. July/August 2001.
Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994.
www.wilshiresauare.com
www.aeocities.com/Heartland/3383/aia.htm
DPR 523L
25A'51 0
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
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 August 21, 2006 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 Deborah J. Davidson, (hereinafter referred to as "Owner"), owner of real
property located at 1310 South Birch Street, Santa Ana, California, 92707 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 1310
South Birch Street, Santa Ana, CA 92707 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. 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 -
HAax131
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
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 August 21,2006, 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 ofnonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner ofnonrenewal.
d. If either the Owner or the City serves notice to 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 ofthe 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-12
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
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 ofthe appearance ofthe exterior to the satisfaction ofthe 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 -
25A-13
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
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 Yz) 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 proVIsIons to cancel the Agreement as
referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the
Agreement. In the event of a default, under the provisions to cancel the Agreement by the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the 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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25A-14
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
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 1310 South Birch
Street, Assessor Parcel Number, 013-131-16, 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:
Deborah J. Davidson
1310 South Birch Street
Santa Ana, CA 92707
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25A-15
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, 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 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 restnctIons
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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25A-16
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
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 Owners:
Date:
By:
Deborah J. Davidson
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
- 7 -
25A-17
Exhibit A
North Tract 352, Block, 15 Lot 3
Assessor Parcel No. 013-161-16
- 8 -
25A-18
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
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
- 9 -
25A-19
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
- 10-
25A-20
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
Exhibit C (photographs attached)
- 11 -
25A-21
MILLS ACT AGREEMENT
1310 South Birch Street
Santa Ana, CA 92707
- 12 -
25A-22
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