HomeMy WebLinkAbout25E - HPPA NO 2006-06
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
NOVEMBER 20, 2006
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2006-06 FOR THE
PROPERTY LOCATED AT 2102 NORTH
ROSS STREET
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CITY MANAGER
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
cr
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Robert W. Johnson
and Judith M. Johnson for the structure located at 2102 North Ross
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 Robert W. Johnson and Judith M. Johnson for the structure
located at 2102 North Ross Street at its November 2, 2006 meeting by a
vote of 6:0 (O'Callaghan abstained, Chinn and Seeley absent) .
DISCUSSION
After the public hearing on November 2, 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.
25E-1
HPP Agreement No. 2006-06
November 20, 2006
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $88.92 to $444.60 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
J~inO
Exec 1ve D1rector
Planning & Building Agency
~~ ~~~-I . ~
l~rancisco Gutierrez
rD Executive Director
Finance & Management Services
Agency
-
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hs\historic info\mills act agreements\2102_N_Ross\hppa06-06.cc
25E-2
REQUEST FOR
Historic Resources Commission Action
HISTORIC RESOURCES COMMISSION SECRETARY
HISTORIC RESOURCES COMMSSION MEEft.JG DATE:
NOVEMBER 2, 2006
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2006-06 FOR THE PROPERTY
LOCATED AT 2102 NORTH ROSS STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
'v- ',----- - \
J Executive Director
v (l A.&'-'L Mul~
Planning M nager
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 Robert W. and Judith M. Johnson, property owners, for the
structure located at 2102 North Ross Street.
DISCUSSION
Request of Applicants
The applicants, Robert W. and Judith M. Johnson, property owners,
request the approval of Historic Property Preservation Agreement No.
2006-06 (Mills Act) between the property owner and the City of Santa
Ana.
Property Description
The subject property includes a one-story residence and a detached
garage located at 2102 North Ross Street. The property is within the
Floral Park neighborhood and the 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. 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
25E-3
HPPA No. 2006-06
November 2, 2006
Page 2
One of the eligibility requirements for the Mills Act
property must be listed on the Santa Ana Register
Properties. The subject property is to be placed on the
and categorized as Contributive in November 2006 by
Resources Commission (Exhibit 1).
is that the
of Historical
local register
the Historic
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 Spanish Colonial Revival
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.
HS :jm
hs\historic info\mills act agreements\2102_N_Ross\hppa06-06.hrc
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Ha ly n boleske
Associate Planner
25E-4
EXECUTIVE SUMMARY
SMEDLEY HOUSE
2102 North Ross Street
Santa Ana, CA 92706
NAME
ADDRESS
CITY
YEAR BUILT
Smedley House
2102 North Ross Street
I REF. NO.
1927
ZIP 1 92706 I ORANGE COUNTY
LOCAL REGISTER CATEGORY: Contributive
NEIGHBORHOOD 1 Floral Park
CALIFORNIA REGISTER STATUS CODE 1551
Santa Ana
HISTORIC DISTRICT I N/A
CALIFORNIA REGISTER CRITERIA FOR EV ALUA TION
1 3
Location: 0 Not for Publication
[8J Unrestricted
o Prehistoric
[8J Historic
o Both
ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival
The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival
vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include
curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by
large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between
1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama-
California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily
recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof
coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry,
balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements.
SUMMARY/CONCLUSION:
The Smedley House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of
the distinguishing characteristics of the Mission/Spanish Colonial Revival style. Additionally, the house has been categorized as
"Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Mission/Spanish
Colonial style in the Floral Park neighborhood "is a good example of period architecture" (Municipal Code, Section 30-2.2).
EXPLANATION 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 4,2001.)
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.
Z5g~5 1
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page -L of -L Resource name(s) or number (assigned by recorder) Smedley House
P1. Other Identifier:
*P2. Location: DNot for Publication _Unrestricted *a. County Orange County
*b. USGS 7.5' Quad Date:
"c. Address 2102 North Ross Street City Santa Ana Zip 92706
"e. Other Locational Data: Assessor's Parcel Number Block: Lot:
*P3a. Description: (Describe resource and its major elements. Include design. materials, condition, alterations, size, setting, and boundaries.)
This one-story, stucco-clad Spanish Colonial Revival residence features a low-pitched, cross-gabled roof with red tiles and
shallow overhangs. H-shaped in plan, the residence has a prominent front-gabled wing, projecting from the fayade's north
half. The stucco finish of the gable is uninterrupted, except for two exposed clay drainage pipes in the gable apex. Along the
fayade's south half, a low, stucco-clad wall encloses an open courtyard, which is raised on three steps. The south portion of
the courtyard features a projecting wing with multi pane casement windows. The main entrance is recessed in the northeast
corner of the courtyard. Fenestration on the fayade consists of a tripartite window, capped with a molded arch and a
multipane transom, centered on the projecting wing. A variety of multi pane casement windows, some with awnings, as well
as double-hung sash windows line the courtyard and the side elevations. Side elevations display rows of three exposed clay
pipe ends, repeating the theme found on the fayade. A wrought-iron railing marks the side entrance on the north elevation,
which consists of a wood door with single-light glazing and an awning. Wrought-iron fences that appear nonoriginal (albeit
sensitive to the house's Spanish Colonial Revival style) enclose the north side of the porch and mark the entrance to the
driveway. Other alterations include an addition to the original garage in the northwest corner of the property. The house
otherwise appears substantially intact and is enhanced by mature trees and landscaping.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: _Building DStructure DObject DSite o District DElement of District DOther
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
P5b. Photo: (view and date)
WesteJevt;ltion
September 2006
*~6.DateConstructed/Age and
Sourees:.historic
'1927/City of Santa Ana Building
Permits .
*P7. Owner and Address:
*P8. Recorded by:
L. Heumann and D.HoWell-Ardila
Sapphos Environmental, Inc.
133 Martin Alley
Pasadena, California 9110S
*P9. Date Recorded:
September 2S, 2006
*P10. Survey Type:
Intensive Survey Update
*Attachments: DNone DLocation Map DSketch Map -Continuation Sheet _Building, Structure, and Object Record
DArchaeological Record DDistrict Record DUnear Feature Record DMilling Station Record DRock Art Record
DArtifact Record DPhotograph Record 0 Other (list)
DPR 523A (1/95)
256~6
"Required information
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page ~ of ~ *CHR Status Code 5S1
*Resource Name or #: Smedley House
B1. Historic Name: Smedley House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*85. Architectural Style: Mission/Spanish Colonial Revival
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1927
January 11, 1927. Residence and garage constructed for $6,600.
March 18, 1949. Unspecified alterations, $125.
March 21, 1949. Unspecified alterations, $14.
February 4, 1970. Patio brought into code, $60.
March 28, 1979. Add den and hobby room to garage, $10,200.
September 27, 1982. Reroof.
*87. Moved? -No eVes eUnknown Date:
*88. Related Features:
None.
Original Location:
B9a. Architect: Unknown
b. Builder: Unknown
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: Circa 1895-1965 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 Smedley House is architecturally significant as an intact and representative example of the Mission/Spanish Colonial Revival
style. City of Santa Ana records indicate that the house was constructed in January 1927 for Roland Dye for a total cost of $6,600.
Mr. Dye, an executive with the Orange County Council of the Boys Scouts of America, resided in the house with his wife Ruby until
1928. Between 1929 and 1930, city directories indicate that the house was owned by Ralph C. Smedley, a prominent Santa Ana
resident who founded the first Toastmasters Club in Santa Ana in 1924-then founded Toastmasters International in 1930, when he
was listed as owner of this house with his wife Frances. By 1935, the ownership had shifted to Hiram Currey, an eye, ear, nose,
and throat doctor with an office at 311 S. Main, and his wife Ruth. The Curreys owned the house until at least 1941. In subsequent
decades, ownership of the house shifted on multiple occasions.
(See Continuation Sheet 3 of 3.)
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
Sketch Map
(See Continuation Sheet 3 of 3.)
B13. Remarks:
*814. Evaluator: Leslie J. Heumann
*Date of Evaluation: September 25,2006
(This space reserved for official comments.)
DPR 5238 (1195)
25E~7
"Required information
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET Trinomial
Page L of L Resource Name or # (Assigned by recorder)
"Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date September 25, 2006
Primary #
HRI#
Smedley House
00 Continuation
o 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
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 Smedley 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" (Orange County 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" (Orange County
Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and
1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival.
The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa
Ana City Hall, the EI Taro Marine Base during World War II, 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 II 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 (2006) Floral Park maintains its
identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Smedley House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its
exemplification of the distinguishing characteristics of the Mission/Spanish Colonial Revival style. Typical features of this
style illustrated by the house include its low-pitched, tile-roof with shallow eaves; stucco cladding with sparse ornament; its L-
shaped plan and courtyard; and its arched tripartite window and exposed clay pipe ends on the front gable. Additionally, the
house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and,
as an example of the Mission/Spanish Colonial Revival style "is a good example of period architecture." Character-defining
exterior features of the Smedley House that should be preserved include, but may not be limited to, materials and finishes
(stucco and wood); roof configuration and detailing; original windows and doors where extant; architectural details such as
exposed clay pipe ends and awnings.
*812. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. 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.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Armor, Samuel. Historv of Oranoe Countv. Los Angeles: History Record Company, 1921.
Franklin, Don. "NW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room
Historic House File, circa 1995.
Santa Ana and Orange County Directories, 1932-1954.
DPR 523L
25E~8
MILLS ACT AGREEMENT
2102 North Ross 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 S6l03
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this November 20, 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 Robert W. and Judith M. Johnson, (hereinafter referred to as "Owner"), owner
of real property located at 2102 North Ross 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 2102
North Ross 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 -
2i6tt92
MILLS ACT AGREEMENT
2102 North Ross 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 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 November 20, 2006, and shall
remain in effect for a term often (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 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 -
25E-10
MILLS ACT AGREEMENT
2102 North Ross 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 ofthe appearance of the 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 -
25E-11
MILLS ACT AGREEMENT
2102 North Ross 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 72) 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 ofthis Agreement. No waiver by
-4-
25E-12
MILLS ACT AGREEMENT
2102 North Ross 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 2102 North Ross
Street, Assessor Parcel Number, 002-112-20, 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:
Robert W. and Judith M. Johnson
2102 North Ross Street
Santa Ana, CA 92706
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25E-13
MILLS ACT AGREEMENT
2102 North Ross 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
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 restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation oflaw on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
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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25E-14
MILLS ACT AGREEMENT
2102 North Ross 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 of the Council
DAVID N. REAM
City Manager
PROPERTY OWNERS
Date:
By:
Robert W. Johnson
Date:
By:
Judith M. Johnson
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
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25E-15
MILLS ACT AGREEMENT
2102 North Ross Street
Santa Ana, CA 92706
Exhibit A
Lot 29 of Tract No. 788, in the City of Santa Ana, County of Orange, State of California, as
per map recorded in Book 23, Page(s) 49 inclusive, of Miscellaneous Maps, in the office of
the County Recorder of said County.
Assessor's Parcel Number: 002-112-20
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25E-16
MILLS ACT AGREEMENT
1101 North Ross Street
Santa Ana, CA 91706
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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25E-17
MILLS ACT AGREEMENT
2102 North Ross 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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25E-18
MILLS ACT AGREEMENT
2102 North Ross Street
Santa Ana, CA 92706
Exhibit C
(photographs attached)
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25E-19
MILLS ACT AGREEMENT
2102 North Ross Street
Santa Ana, CA 92706
- 12 -
25E-20
MILLS ACT AGREEMENT
2102 North Ross Street
Santa Ana, CA 92706
- 13 -
25E-21
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25E-22