HomeMy WebLinkAbout25A - HPPA 2357 N RIVERSIDE DRREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 1, 2007
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-04 FOR THE
PROPERTY LOCATED AT 2357 NORTH
RIVERSIDE DRIVE
l~K ~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1S` Reading
^ Ordinance on 2"d 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 Eric E. Renezeder
and Lynn T. Renezeder, Trustees of the Renezeder Family Trust, for the
structure located at 2357 North Riverside 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 Eric E. Renezeder and Lynn T. Renezeder, Trustees of the
Renezeder Family Trust, for the structure located at 2357 North Riverside
Drive at its September 6, 2007 meeting by a vote of 6:0 (Dickman, Mill,
Schaefer absent).
DISCUSSION
After the public hearing on September 6, 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. 2007-04
October 1, 2007
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $69.26 to $346.32 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
r--- ~~ ~
Jay__ Trevino //~ncisco Gutierrez
Executive Director ~j "Executive Director
Planning & Building Agency Finance & Management Services Agency
HS:rb
hs\historic info\mills act agreements\hppa07-04-2357_N_Riverside.cc
25A-2
REQUEST FOR
Historic Resources Commission Action
~esrowc ~sou~s ao~sioN caTE:
SEPTEMBER 6, 2007
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-04 FOR THE PROPERTY
LOCATED AT 2357 NORTH RIVERSIDE DRIVE
~rowc ~sou~s ao~sioN sECx~ra~r
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
;J Executive Director
RECOMMENDED ACTION
Recommend that the
authorize the City
agreement with Eric
Renezeder Family
Riverside Drive.
DISCUSSION
~~ti -~
Planning Man er
City Council direct the City Attorney to prepare and
Manager and the Clerk of the Council to execute an
E. Renezeder and Lynn T. Renezeder, Trustees of the
Trust, for the structure located at 2357 North
Request of Applicant
The applicants, Eric E. Renezeder and Lynn T. Renezeder, Trustees of the
Renezeder Family Trust, request the approval of Historic Property
Preservation Agreement No. 2007-04 (Mills Act) between the Renezeder
Family Trust and the City of Santa Ana.
Property Description
The subject property includes a one and a half-story English Revival
residence and a detached garage located at 2357 North Riverside Drive,
just south of the Santa Ana Freeway, and is within the Floral Park
neighborhood. Surrounding land uses are residential to the west, south
and east, with the freeway to the north.
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
EXHIBIT A
25A-3
HPPA No. 2007-04
September 6, 2007
Page 2
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.
One of the eligibility requirements for the Mills Act is that the
property must be listed on the Santa Ana Register of Historical
Properties. The subject property was placed on the local register and
categorized as Contributive in June 2007 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 English 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.
2 5A-4
HPPA No. 2007-04
September 6, 2007
Page 3
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.
Hally So oleske
Associate Planner
HS:jm
hs\historic info\mills act agreements\hppa07-04-2357_N_Riverside.hrc
25A-5
EXECUTIVE SUMMARY
WARNER HOUSE
2357 North Riverside Drive
Santa Ana, CA 92706
NAME Warner House REF. NO.
ADDRESS 2357 North Riverside Drive
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2
Location: ^ Not for Publication ®Unrestricted
^ Prehistoric ®Historic ^ Both
ARCHITECTURAL STYLE: English Revival
A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew
upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but
not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance
than the other, sometimes changing the angle of slope in the process. Arches maybe used for windows and doors, and, unlike their
Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned
casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition.
SUMMARY/CONCLUSION:
As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of
Historic Places, the Warner House is eligible for listing in the California Register of Historical Resources. The Warner House also
qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing
characteristics of the English 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 English Revival style "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.)
2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106
process. Listed in the California Register.
EXHIBIT 1
Z~e~ _1~
State of California-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Other Listings
Review Code
Page 1 of 4 Resource name(s) or number (assigned by recorder) Warner House
Date
P1. Other Identifier:
*P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County
*b. USGS 7.5' Quad Date:
*c. Address 2357 North Riverside Drive 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 and one-half story residence features the picturesque asymmetry characteristic of the English Revival style. Clad in
stucco, the house is capped by a steeply pitched, cross-gabled roof whose rolled edges are meant to suggest thatching.
Three front gables of varying heights, each accented with fenestration and venting of different shapes and sizes, add fo the
effect of asymmetry on the facade. The fagade's south half is dominated by a projecting wing, whose gable extends past the
wall line on the south to enclose a narrow archway. The gable apex is pierced with a small, round-headed, six-light window.
Beneath a shallow blind arch, awood-framed, tripartite window, featuring a fixed, three-over-one sash flanked by two
casements with lengthwise muntins, is centered on the fagade of the south wing. The tripartite window arrangement is
duplicated on the north of the central entry, but is slightly more horizontal in proportions. Set back slightly, the north wing is
topped with afront-gabled dormer containing a square, six-light window. Around-headed archway in a wing wall terminates
the north end of the facade. Capped by the third front gable, the west-facing entryway consists of around-headed wood door
(See Continuation Sheet 3 of 4.)
*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)
West elevation
April 27, 2007
*P6. Date Constructed/Age and
Sources: ^hstoric
1928/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 91105
*P9. Date Recorded:
Apri127, 2007
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
California Department of Transportation, Broadway Overcrossing Historic Property Survey, March 1979.
*Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record
^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record
^Artifact Record ^Photograph Record ^ Other (list)
DPR 523A (1/95)
Primary
HRI #
Trinomial
NRHP Status Code
Reviewer
*Required information
2~~-~` 5
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 4 *CHR Status Code 2D2
"Resource Name or ~: warner r-louse
61. Historic Name: Warner House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*B5. Architectural Style: English Revival
*66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1928
May 25, 1928. Residence and garage.
August 7, 1940. Reroof.
October 5, 1993. Addition of first floor nook and kitchen (totaling 256 square feet). Addition of second story, with two
bedrooms, two bathrooms, playroom, and stairway (totaling 670 square feet).
*B7. Moved? ^No f7Yes Unknown Date:
*B8. Related Features:
Original Location:
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: 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 Warner House is architecturally signitrcant as a whimsical and representative example of the English Revival style. According
fo the original building permit, dated May 25, 1928, the residence and garage were constructed at a cost of $4,500. The original
owner of the property was Nelson J. Warner, owner of Warner Realty Co., and his wife Nora. The Warners resided in the property
for over 10 years, until at least 1938. By 1940, the owner was Clyde W. Cromer, a salesman with Shipkey and Pearson, Inc., and
wife Mildred. In subsequent years, ownership of the house changed various times.
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes)
*612. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 4.)
613. Remarks:
Sketch Map
*614. Evaluator: Leslie J. Heumann
*Date of Evaluation: Apri130, 2007
(This space reserved for official comments.)
DPR 5238 (1195) *Required information
25AP=~ 3 of 5
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
aa„o ~ ~f 4 Resource Name or # (Assigned by recorder) Warner House
*Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date April 30, 2007 ~ Continuation ^ Update
*P3a. Description (continued):
embellished with decorative paneling and a small square opening that is covered with an iron grill. Side elevations repeat the
tripartite arrangement of windows used on the facade. The north elevation displays an attached brick chimney. Alterations
include a 256-square foot rear addition to the first floor and the addition of a 670-foot second story. Set back from the facade
and topped by a compatible front gable, the addition is most apparent on the south elevation of the house. The materials and
design utilized in the addition are consistent with the character-defining features of the house, but can be distinguished from it
through use of modern aluminum-frame windows, as well as in the lower pitch of the gable. Other modifications include the
addition of awnings on wrought iron supports, replacement of the original garage door, and hardscape improvements such as
paving of the front steps and the addition of a white picket fence. Despite these changes, the house still effectively conveys
the period of its signifrcance.
*B10. 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 Warner 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 fhe 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 archifecture in a wide variety of romantic styles was celebrated in the 1920s and
1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival
styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old
Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the
neighborhood he had helped 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 befween West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. In the early post-World War I! years, Floral Park continued its development as
numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2006), Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Wamer House lies in the northern section of Floral Park known as North Broadway Park. Bounded by Riverside Drive,
Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been
determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that:
`North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century.
The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to
create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical
development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources,
the Warner House, which is a contributor to the National Register district, is eligible for listing in the California Register.
1 Determination of Eligibility, February 25, 1980. QPage 4 of 5
DPR 523E 25A-9
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) Warner House
'Recorded by Leslie J. Heumann and Deborah Howell-Ard11a "Date Apra :~u, zuui u connnuauon u upaate
*610. Significance (continued):
The Warner House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for ifs
exemplification of the distinguishing characteristics of the English Revival style. Typical features of this style illustrated by the
house include its smooth stucco cladding with little applied ornament; steeply pitched gables with rolled edges; picturesque
asymmetry in the arrangement of facade elements, including fhe varied gable heights and accents, juxtapositions of pointed
and rounded shapes, and incorporation of differently sized and shaped windows. 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 English Revival style `9s a good example of period architecture." Character-defining exterior features of the Warner
House that should be preserved include, but may not be limited to, materials and finishes (stucco); roof configuration and
detailing; original windows and doors where extant; wing walls with archways; and attached chimney.
"612. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. 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.
Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
`Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981.
`Builder of Honer Plaza Dies," Orange County Register. September 15, 1981.
`History of Floral Park." http://www.floral-park.com/page2.html.
Santa Ana and Orange County Directories, 1932-1954.
Cynthia Ward, Anaheim. `Rogers-Warner House Primary Record and Building, Structure and Object Record,"May-June
2006.
DPR 523E w ~~=5~f~
MILLS ACT AGREEMENT
2357 North Riverside 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 October 1, 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 Eric E. and Lynn T. Renezeder, Trustees of the Renezeder Family Trust,
(hereinafter referred to as "Owner"), owner of real property located at 2357 North Riverside
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 2357
North Riverside Drive, 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
EXHIBIT 2
-i-
25A-11
MILLS ACT AGREEMENT
2357 North Riverside 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 October 1, 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 (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 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:
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25A-12
MILLS ACT AGREEMENT
2357 North Riverside Drive
Santa Ana, CA 92706
a. Owner shall maintain the Historic Property in a good state of repair and shall
preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-
defining features, notably the general architectural form, style, materials, design, scale,
proportions, organization of windows, doors, and other openings, textures, details, mass, roof
line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
c. A view corridor enabling the general public to see the Historic Property from the
public right-of--way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
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 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.
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25A-13
MILLS ACT AGREEMENT
2357 North Riverside 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 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 %2) 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 maybe 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
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25A-14
MILLS ACT AGREEMENT
2357 North Riverside 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 2357 North
Riverside Drive, Assessor Parcel Number, 002-131-07, 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: Eric E. Renedezer and Lynn T. Renezeder, Trustees of the Renezeder Family
Trust
2357 North Riverside Drive
Santa Ana, CA 92706
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25A-15
MILLS ACT AGREEMENT
2357 North Riverside 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 regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
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25A-16
MILLS ACT AGREEMENT
2357 North Riverside 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 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:
PATRICIA E. HEALY
Clerk of the Council
CITY OF SANTA ANA
DAVID N. REAM
City Manager
Trustees of the Renezeder Family Trust
Date:
Date:
By:
Eric E. Renezeder, Trustee
By:
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
Lynn T. Renezeder, Trustee
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25A-17
MILLS ACT AGREEMENT
2357 North Riverside Drive
Santa Ana, CA 92706
Exhibit A
Lot 35 of Tract No. 425, North Broadway Park, in the City of Santa Ana, County of
Orange, State of California, as per Map Recorded in Book 16, Page(s) 33 and 34 of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Excepting therefrom that portion of said land described in the final order of condemnation
tot eh State of California by document recorded January 27, 1993 as instrument No. 93-
059876 Official Records.
Assessor Parcel No. 002-131-07
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25A-18
MILLS ACT AGREEMENT
2357 North Riverside 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
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25A-19
MILLS ACT AGREEMENT
2357 North Riverside 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.
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25A-20
Exhibit C (photographs attached)
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25A-21
MILLS ACT AGREEMENT
2357 North Riverside Drive
Santa Ana, CA 92706
MILLS ACT AGREEMENT
2357 North Riverside Drive
Santa Ana, CA 92706
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25A-22
MILLS ACT AGREEMENT
2357 North Riverside Drive
Santa Ana, CA 92706
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25A-23
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