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HomeMy WebLinkAbout25E - 2006 N VICTORIAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 5, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-06 FOR THE PROPERTY LOCATED AT 2006 NORTH VICTORIA DRIVE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 1S' Reading ^ Ordinance on 2"d Reading ^ Implerrienting Resolution ^ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement with Angel Barnes for the structure located at 2006 North Victoria Drive, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Angel Barnes for the structure located at 2006 North Victoria Drive, subject to non- substantive changes approved by the City Manager and City Attorney at its April 3, 2008 meeting by a vote of 7:0 (O'Callaghan abstained, Seeley absent). DISCUSSION After the public hearing on April 3, 2008, 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. 2008-06 May 5, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $131.71 to $658.53 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~~~~1 n11~'P L~ ~~s~_~ Ja Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency! HS.rb hs\historic info\mills act agreements\2006_N_Victoria\hppa08-06.cc 25E-2 REQUEST FOR Historic Resouroes Commission Action APRIL 3, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-06 FOR THE PROPERTY LOCATED AT 2006 NORTH VICTORIA DRIVE Prepared by Hally Soboleske FN.STOFiIC RESOUR(:ES OONNIAISSION SECRETARY APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Director Planning Hager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Angel Barnes for the structure located at 2006 North Victoria Drive, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Angel Barnes, requests the approval of Historic Property Preservation Agreement No. 2008-06 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a two-story residence and a detached, three-car garage located at 2006 North Victoria Drive (Exhibit 1) 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. 2008-06 April 3, 2008 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 April 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) A review of the property indicates that this Tudor 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 recommended action is Section 15061 (b) (3) , from further review. project . the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this Rally So leske Associate Planner HS:jm hs\historic info\mills act agreements\2006_N_Victoria/hppa08-06.hrc 25E-4 Sergio Princ L 2217 ' ~- 2111 ~ 2!!0 2106 2109 21p7 ~ 2lp5 B t 2103 ;' ~ i ~ s ~~~~I~: i, I~' € ,: z7.. ..,~ ~, , ~. t. N aq ~ rz ~ , `. [9 5<: 19 s~ r. ,4 1liTH St ~' ' ~ 1616 6. i 6!! !6!6 1$i5 1810 ! 1609' 1612 tat! !6!0 taruc 500' RADIUS HPPA-2008-06 2006 North Victoria Drive PLANNING AND BUILDING AGENCY I~1 EXECUTIVE SUMMARY GARDEN HOUSE 2006 North Victoria Drive Santa Ana, CA 92706 NAME Carden House REF. NO. ADDRESS 2006 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1931 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 3S Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late nineteenth century, the Tudor Revival was associated with some Craftsman era construction but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The Carden House appears eligible for listing in the 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 Tudor Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. In addition, the Carden House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the late Tudor Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) 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 Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. EXHIBIT 2 2~C'V State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Page 1 of 4 Primary #. HRI # Trinomial NRHP Status Code Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *b. USGS 7.5' Quad TCA 1725 *c. Address 2006 North Victoria Drive *e. Other Locational Data: Assessor's Parcel Number FT, W OF VICTORIA DR. *a. County Orange County Date: City Santa Ana Zip 92706 002-101-04; ORANGE GROVE TR LOT SLY 75 FT NLY 296.34 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two-story residence is a textbook example of a Tudor Revival styled house. The asymmetrical, rectangular house is capped bymedium-pitched, cross-gabled, wood shake roof with shallow eaves. Two front gables are located on the north half of the facade and are embellished with carved bargeboards and decorative half-timbering that extends down through the second story. Smooth stucco finishes the exteriors, filling in the areas between the half-timbering. Windows are mostly narrow multi-light, double-hung sash. The projecting center bay features a pair of leaded glass casement windows with diamond patterned lights on the upper floor. Below, a Tudor arch marks the deeply recessed entrance. The wood entrance door has a Tudor arched head and is detailed with vertical grooves to suggest narrow board construction. A dramatic exterior chimney anchors the south half of the facade and has a stuccoed base topped by a cluster of Three angled, brick stacks (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 P5b. Photo: (view and date) East elevation January 2003 *P6. Date Constructed/Age and Sources: ^historic 1931/ Source: City of Santa Ana building permits. *P7. Owner and Address: Angel Barnes 2006 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: February 1, 2003 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *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 Gist) DPR 523A (1/95) *Required information 2g~? ~ 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 *Resource Name or #: Carden House B1. Historic Name: Carden House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): February 20, 1931. Residence and garage. Owner, Roy Russell. $14,982. July 6, 1933. Alterations. $500. November 16, 1948. Recreation room (11x18) for H. M. Currey. $800. April. 23, 1992. Freestanding spa with 5' high fence. $9, 000. September 16, 1996. Reroof. December 3, 1998. Remodel kitchen and bathroom, C/O bay window and repair framing if needed (all interior walls being altered are non-bearing). March 2, 1999. Partial reroof. *B7. Moved? ^No DYes DUnknown Date: Original Location: *B13. Related Features: Detached garage, mature landscaping in front yard. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Carden House is architecturally notable as a particularly intact and characteristic example of the Tudor Revival style. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. Victoria Drive developer Roy Russell constructed this two-story, cross-gabled Tudor Revival residence on the west side of the street across from his own home. Built in 1931, the house cost nearly $15,000, a large sum at the time. The first owner residents, according to the 1932 Orange County Directory, were Lester L. and Rugh F. Carden. Mr. Carden was Secretary-Treasurer of the Hill & Carden Company in Santa Ana. From 1934 until at least 1941, the directories indicate that (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: Gist attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *614. Evaluator: Leslie J. Neumann *Date of Evaluation: February 1, 2003 (This space reserved for official comments.) DPR 5238 (1/95) Sketch Map Carde n House ~TOe+ a~ 2006 North Victoria Dr. , ~- ~ ~ w ~- o. ~o. ~o. ~~©~ o ~~ ' ~~ ~ tot TRACT T ~ ° ' TRAC r Q io t~ +t Q ~ ~ ® ~~ &K ®~ 0 A0~4 4 i ~ i i i i ~ i i ~ i 0 - ~~• ,S~00 0O{OO - e 1 ~M ~ .- 'Required information a ' e~ 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) Carden House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SAIC *Date February 1, 2003 x^ Continuation ^ Update *P3a. Description (continued): with corbeled caps. Brick was also used for the shallow steps leading to the entry and for the vestibule pavement. On the north side of the property, a concrete driveway leads fo a detached three-car garage with a roof design and exterior frnish comparable to the main house. The grounds are extensively landscaped with a broad front lawn, clipped hedges, a curving entry path, and mature trees. The house appears original and is in excellent condition. *B10. Significance (continued): Clarence W. Jordan, president of Great Western Cordage, Inc., and Grace S. Jordan occupied the house. Directories and building permits indicate that Dr. Hiram M. and Ruth R. Currey were owners from 1945 until at least 1956. The Carden 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" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Sfreef 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 Toro Marine Base during World War ll, 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 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 Sfy/e houses completed the growth of Floral Park. Today (2003) Floral Park maintains ifs identify as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Carden House appears eligible for listing in the 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 Tudor Revival style. The Carden House displays signature elements of the Tudor Revival style including asymmetrical arrangements of building features; a cross gabled roof,• decorative half-timbering; a tall, multiple- stack brick chimney; Tudor arched openings; and picturesque windows of diamond patterned lights. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Tudor Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Carden House are considered character derrning and should be preserved. These features include, but may not be limited to: materials (wood and brick) and finishes (stucco); roof configuration and treatment; massing and composition; entry; doors and windows; architectural detailing (bargeboards, half-timbering); brick chimney; and original detached garage. DPR 523E Page 4 of 5 25E-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 recorded Carden House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date February 1, 2003 ^D Continuation ^ Update *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. `Alison Honer Dies at 84,"The Santa Ana Journal, September 21, 1981. `Builder of Honer Plaza Dies," Orange Counfv Register. September 15, 1981. `History of Floral Park." http://www.floral-park.com/page2.html Talbert, Thomas (editor-in-chief. Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens. Volume 1. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1932-1941, 1945. `2001 Floral Park Home and Garden Tour,"April 28 and 29, 2001. Floral Park Neighborhood Association. Page 5 of 5 DPR523~ 25E-~ O MILLS ACT AGREEMENT 2006 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 May 5, 2008 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 Angel Barnes, (hereinafter referred to as "Owners"), owners of real property located at 2006 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 2006 North Victoria 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 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EL~ 1 MILLS ACT AGREEMENT 2006 North Victoria Drive 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: Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 5, 2008, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City's notice 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- 25E-12 MILLS ACT AGREEMENT 2006 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 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. -3- 25E-13 MILLS ACT AGREEMENT 2006 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 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 %) 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 -4- 25E-14 MILLS ACT AGREEMENT 2006 North Victoria 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 2006 North Victoria Drive, Assessor Parcel Number, 002-101-04, 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 hereina$er 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: Angel Barnes 2006 North Victoria Drive Santa Ana, CA 92706 -s- 25E-15 MILLS ACT AGREEMENT 2006 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 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. -6- 25E-16 MILLS ACT AGREEMENT 2006 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 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 PROPERTY OWNERS Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Angel Barnes APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25E-17 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 Exhibit A Beginning at a point on the West line of Orange Grove Tract West, as shown on a map recorded in Book 2, Page 9 of Miscellaneous Maps, records of Orange County, California, 221.34 feet South of the Northwest Corner of the tract of land marked "Jacob Fisher" on said map, said point also being the Southwest corner of a parcel conveyed to Robert E Reid and wife by deed recorded February 4, 19231 in Book 454, Page 270 of Official Records; thence East along the South line of said parcel conveyed to Robert E. Reid and wife to the west line of Victoria Drive; thence South along the West line of Victoria Drive 75 feet to the Northeast corner of the parcel conveyed to George C. Perkins by deed recorded June 4, 1929 in Book 276, Page 396 of Official Records; thence West along the North line of said parcel conveyed to George C. Perkins to the West line of the Orange Grove Tract West of West Street; thence North along the West line of said Tract 75 feet to the point of beginning. Assessor Parcel No. 002-101-04 -s- 25E-18 MILLS ACT AGREEMENT 2006 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- 25E-19 MILLS ACT AGREEMENT 2006 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 - 25E-20 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 Exhibit C (photographs attached) -~~- 25E-21 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 -12- 25E-22 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 -13- 25E-23 MILLS ACT AGREEMENT 2006 North Victoria Drive Santa Ana, CA 92706 -14- 25E-24 a z O H Q V O J H 0 a w Q H V F- Z t~ 0 0 N W 0 Q 0 U_ °' ~ __--~ i ~I i I I _ . _ . _ . - . _ . - . _ .....a. • ~_ Z 25E1~5 25E-26