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HomeMy WebLinkAbout25A - HPPA NO. 2007-02REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 20, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-02 FOR THE PROPERTY LOCATED AT 2117 NORTH VICTORIA DRIVE ((~~ ~(~ ~E CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 151 Reading ^ Ordinance on Intl Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with David J. Lang, M. D. and Mary Joann Lang as Trustees of the Lang Family Trust for the structure located at 2117 North Victoria Drive. 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 David J. Lang, M. D. and Mary Joann Lang as Trustees of the Lang Family Trust for the structure located at 2117 North Victoria Drive at its August 2, 2007 meeting by a vote of 7:0 (Schaefer and Seeley absent). DISCUSSION After the public hearing on August 2, 2007, 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. 2007-02 August 20, 2007 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $197.44 to $987.19 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~ , D~ ~'- Jay Trevino ~!i rancisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~i HS:rb hs\hietoric info\mills act agreements\2119_N_V ictoria\hppa00-02.cc 25A-2 REQUEST FOR Historic Resources Commission Action HisroR~c RESOURCES comm~ssloN n~rriG DATE: AUGUST 2, 2007 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-02 FOR THE PROPERTY LOCATED AT 2117 NORTH VICTORIA DRIVE Prepared by Hally Soboleske HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO ~`~-t-~. Executive Director Planni g Manager RECOMMENDED ACTION Recommend that the City Council direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with David J. Lang, M.D, and Mary Joann Lang as Trustees of the Lang Family Trust for the structure located at 2117 North Victoria Drive. DISCUSSION Request of Applicant The applicants, David J. Lang, M.D. and Mary Joann Lang, as Trustees of the Lang Family Trust, request the approval of Historic Property Preservation Agreement No. 2007-02 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached two- car garage located at 2117 North Victoria Drive, and is within the Floral Park neighborhood. Surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. ~~13- HPPA No. 2007-02 August 2, 2007 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Landmark in May 2003 by the Historic Resources Commission (Exhibit 1). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) A review of the property indicates that this 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. l~U~ v Ha ly So oleske Associate Planner HS:jm hs\hiatoric info\mills ac[ agreements\2ll0_N_Victoria\hppa0'1-02.hrc 25A-4 EXECUTIVE SUMMARY L. A. WEST HOUSE 2117 North Victoria Drive Santa Ana, CA 92706 NAME L. A. West House REF. NO. ADDRESS 2117 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Pazk NATIONAL REGISTER CRITERIA FOR EVALUATION B,C NATIONAL REGISTER STATUS CODE 3S Location: ^ No[ for Publication ®Unrestricted ^ Prehistoric ®Historic ^ 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 espadarTa); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by lazge, 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 file roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. The L. A. West House appears eligible for listing in [he National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the Spanish Colonial Revival style, and under Criterion 4b, for its association with prominent Santa Ana citizen, attorney Leonard A. West. The house also contributes to the historic character of the Floral Pazk neighborhood through its age, style, scale, and historic associations. In addition, the L. A. West House has been categorized as "Landmark" because the building "appeazs to be eligible" to be placed on the National Register and the Califomia Register and "has a unique architectural significance" as an intact and representative example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: National Reeister Criteria for Evaluation: (From Appendix 7 of Instmctions for Recording Historical Resources, Office of Historic Preservation) B: that are associated with the lives of persons significant in our past. C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instmctions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. 2~~-B~' State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD 1 of 4 Primary HRI # NRHP Status G Other Listings Review Code Reviewer e name(s) or number (assigned by recorder) L A P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange TCA 1725 Date: *c. Address 2117 North Victoria Drive City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number. 399-11-16; Coles North Santa Ana TR Block: B Lot' 6 & 7, S 32 Ft. Lot 8 of Said Blk 8-Ex S 44Ft & E 204 Ft- *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This sprawling two-story, 6,500 square foot home is an outstanding example of the Spanish Colonial Revival style. Asymmetrical in composition, the building is finished with stucco and capped by hipped, gabled, and shed roofs covered in red clay tile. Located in the approximate center of the fagade, the entry is deeply recessed within aFlat-headed opening outlined by a stepped surround. Three terra cotta paved stairs lead to the elaborately carved and paneled wood door. Wrought iron sconces illuminate the opening. A shed roo(shades the entry and continues south atop aone-story wing pierced by large arched windows. North of the entry, a patio is enclosed by shrubbery and a low stucco wall. Above it, a wooden balcony with fumed balusters rests on decoratively carved beams. A Porte cochere with a large, round-headed opening occupies the northernmost bay. A variety of window types, shapes, and treatments was utilized, including two round windows and two covered with pierced stucco grilles. Wrought iron grilles protect some windows. Abroad, stuccoed chimney rises from the rtdgeline of the south wing. In the rear of the property, aone-story garage continues the Spanish theme, with a tiled roof and stucco siding. The house appears virtually unaltered from the street and is complemented by an expansive lawn and a variety of trees and shrubs. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other PSb. Photo: (view and date) East elevation March 2003 *P6. Date Constructed/Age and Sources: ^historic 1929/ Source: The Register. September 18, 1982. *P7. Owner and Address: Lang 1994 Trust 2117 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Neumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 'P9. Date Recorded: April 2, 2003 *P10. Survey Type: Intensive Survey 'Attachments: ONone ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record OArtifact Record ^Photograph Record ^ Other (list) DPR 523A (1195) 2 C (~agyQ of 5 'Required infonnalion 'P11. Repoli Citation: (Cite survey report and other sources, or enter "none") None. State of California-The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 3S ..oavw a.o .*ame w~ K. L. n. rrCSl muse 61. Historic Name: L. A. West House B2. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929. June 22, 1934. Lath House. December 9, 1983. Bath addition. December 14, 1983. A/C. January 16, 1984. Rebuild exterior stairway. March 29, 1999. Detached Entertainment Room with bathroom, 448 square feet; attached patio cover. *B7. Moved? ^No OYes OUnknown Date: Original Location: *88. Related Features: Mature landscaping, rear garage. 69a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: B, C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The L. A. West House is amhitecturally significant as an exceptional example of the Spanish Colonial Revival style, one of the best in Santa Ana. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. The house was built in 1929 for attorney Leonard A. West and his wife, Mamie H. West. Born in Kentucky in 1872 and educated in Indiana, West arrived in Santa Ana in 1907. He opened a law office and practiced alone until 1930, when he entered into a partnership with 8. Z. McKinney. West was elected district attorney of Orange County three times, serving from 1910 until 1921. Active in many fraternal organizations in the city, West was also chairman of the board oftrustees of the Methodist Episcopal Church South. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Neumann *Date of Evaluation: April 2, 2003 (This space reserved for official comments.) Sketch Map - ~,~... T - - r ~~ :w:.~~t c i As a~pnr ~v a aw t :., _ l fYn A wnr i J - ~ J L. A. WEST HOUSE 2117 NORTH VICTORIA DRIVE DPR 5236 (1195) Jig 9p `Required information 2~H~/ f5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) L. A. West House *Recorded by Leslie J. Neumann, SAIC *Date April 2, 2003 ~ Continuation ^ Update *B10. Significance (continued): The West family occupied the house until 1982, selling it complete with the original Barker Brothers fumishings to Cad Lundquist and Gary Conway that year. Featured in a local home tour shortly thereafter, the house was described in an article in the The Resister on September 18, 1982. Highlights include atwo-story entry hall with exposed trusses and beams, tiled Floors and a tiled stairoase with Mexican file risers and wrought iron railings, astep-down living room, formal dining room, outdoor tiled /fireplace, five bedrooms, and five baths finished in various combinations of colored tiles. Original hardware and lighting was also in place at the time. The L. A. West House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West 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"(Oranse Countv Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Omnse Countv Resister. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during Wodd War 11, 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 eady 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 eady post Wodd War ll years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The L. A. West House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also quali(es for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style and under Criterion 46 for its association with a prominent member of the community. The signature use hand troweled stucco exteriors and red clay the roofs in combination with the wood work of the roof and balcony, the asymmetrical massing incorporating patios in the front and rear, the incorporation of arcades and arched openings, and the employment of such Moorish in/luenced features as pierced stucco grilles and tiled staircases are notable in [his regard. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with a prominent member of the community. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior (eatures of the L. A. West House are considered character defining and should be preserved. These features include, but may no[ be limited to: materials and finishes (stucco, tile, wood, wrought iron); roof configuration, materials, and treatment; massing and composition; entry, doors and windows; patios and balcony; porfe cochere; architectural detailing (archways, grilles); chimney and fireplaces; garage; original landscaping; and original interior materials, spaces, finishes, and furnishings. DPR 523E ~flp Hof State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) L. A. West House *Recorded by Leslie J. Neumann, SAIC *Date April 2, 2003 O Continuation ^ Update "612. References (continued): Harris, Cyril M. American Architecture An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources."Sacramento: March 1995. 'Alison Honer Dies at 84,"The Santa Ana Journal, September 21, 1981. 'Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html Talbert, Thomas (editor-inchief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens Volume 1. Whittier, Historical Publishers, 1963. Pleasants, Mrs. J. E. History of Orange County California volume 3. Los Angeles: J. R. Finnell & Sons, 1931. Orange County Directories, 1928-1952. "Fantasy building spree left its mark on OC." The Register September 18, 1982. DPR 523E 7~~6q( PL~7H5 MILLS ACT AGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this August 20, 2007 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 David J. Lang, M.D. and Mary Joann Lang, as Trustees of the Lang Family Trust, (hereinafter referred to as "Owner"), owner of real property located at 2117 North Victoria Drive, 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 2117 North Victoria Drive, Santa Ana, CA, 92701 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 -1- ~~~_'~ ~ MILLSACTACREEMENT 1117 North ['ictoria Drive Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 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 20, 2007, 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 (] 0) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- 25A-11 MILLS ACT AGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessazy, restore or rehabilitate the property and its chazacter- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appeazance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property from the public right-of--way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction ofcharacter-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 yazd 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 Pazks and Recreation, the State Boazd 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-12 MILLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it 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 standazds 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 %) 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. a 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 maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- 25A-13 MILLSACTAGREEMENT 2117 North Victorta Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 2117 North Victoria Drive, Assessor Parcel Number, 399-111-16, and more particulazly 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 regazdless 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: James David J. Lang, M.D. and Mazy Joann Lang, as Trustees of the Lang Family Trust 2117 North Victoria Drive Santa Ana, CA 92706 -5- 25A-14 MILLS ACT AGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regazdless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings aze 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. -6- 25A-15 M/LLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Oftce 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: PATRICIA E. HEALY Clerk of the Council Property Owner: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: David J. Lang, M.D. Date: By: Mary Joann Lang APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -~- 25A-16 MILLSACTACREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 Exhibit A Lot 6, and 7 and the south 32 feet of Lot 8 all in Block B of Cole's North Santa Ana Tract in the City of Santa Ana, as shown on a map recorded in Book 31, page 13 of Miscellaneous Records of Los Angeles County, excepting therefrom the south 44 feet thereof. Also excepting therefrom the east 204 feet thereof. Assessor Parcel No.399-111-16 -8- 25A-17 MILLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort 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-18 MILLS ACT AGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. - to - 25A-19 MILLSACTACREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 -11- 25A-20 Exhibit C (photographs attached) MILLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 ©Side yard/porte cochere -12- 25A-21 MILLSACTAGREEMENT 2117 North Victoria Drive Santa Ana, CA 92706 _13_ 25A-22 a Q z O U O J 2 W ~_ D _Q 0 V 2 H Z ti r N Q O _U _~ 0 Z i i I I I I I I I I _I 25A-23 25A-24