HomeMy WebLinkAbout25B - 222 SOUTH BIRCH STREETREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 2, 2009
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-30 FOR THE
PROPERTY LOCATED AT 222 SOUTH
BIRCH STREET
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2nd Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute the
attached agreement with Carin C. and Bertram M. Kager, property owners,
for the structure located at 222 South Birch Street 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 Carin C. and Bertram
N. Kager, property owners, for the structure located at 222 South Birch
Street subject to non-substantive changes approved by the City Manager
and City Attorney at its October 1, 2009 meeting by a vote of 5:0
(Bustamante, Gartner, O'Callaghan absent).
DISCUSSION
After the public hearing on October 1, 2009, 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.
25B-1
HPP Agreement No. 2008-30
November 2, 2009
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $114 to $571 annually, for a period
of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
Jay Trevino
Executive Director
Planning & Building Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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ha\hiatoric info\milla act agreemente\222_S_Birch\hppa08-30_222_S_Birch.cc
25B-2
REQUEST FOR
Historic Resoun~s Commission Action
HSTOFtIC RESOURCES COMMSSION NEEl1NG DATE:
OCTOBER 1, 2009
TITLE:
HISTORIC PROPERTY PRESERVATION AGREEMENT
NO. 2008-30 FOR THE PROPERTY LOCATED AT
222 SOUTH BIRCH STREET
Prepared by Hally Sobeleske
HISTORIC RESOURCES COMMISSION SE(~2EfARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
CONTINUED TO
I~~ c~.e,,r~
Executive Director Planning Manager
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of
the Council to execute the attached agreement with Carin C. and Bertram
M. Kager, property owners, for the structure located at 222 South Birch
Street subject to non-substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
Request of Applicant
The applicants, Carin C. and Bertram M. Kager, request the approval of
Historic Property Preservation Agreement No. 2008-30 (Mills Act) between
the property owner and the City of Santa Ana.
Property Description
The subject property includes a single-story Craftsman Bungalow styled
residence and a detached accessory structure located at 222 South Birch
Street and is within the Heninger Park neighborhood (SD-40).
Surrounding land uses are all residential (Exhibit 1).
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.
EXHIBIT A
25B-3
HPPA No. 2008-30
October 1, 2009
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 as
the Stein House and categorized as Landmark in June 2004 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).
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 under General Rule
Section 15061(b)(3), and therefore, the recommended action is exempt
from further review. A Notice of Exemption will be filed for this
project.
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Hally Sob leske Sergi o z, A CP
Associate Planner Princ Pl r
HS jm
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25B-4
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222 South Birch Street
PLANNING AND BUILDING AGENCY
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EXECUTIVE SUMMARY
STEIN HOUSE
222 South Birch Street
Santa Ana, CA 92701
NAME Stein House REF. N0.
ADDRESS 222 South Birch Street
CITY Santa Ana ZIP 92701 ORANGE COUNTY
YEAR BUILT 1919 LOCAL REGISTER CATEGORY: Landmark
HISTORIC DISTRICT N/A NEIGHBORHOOD Heninger Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 3S
Location: ^ Not for Publication ®Unrestricted
^ Prehistoric ® Historic ^ Both
ARCHITECTURAL STYLE: Bungalow/Craftsman
Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The
Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building
traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers.
Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of
the straightforward expression of structure. Anew appreciation of nature was evident in horizontal lines that reached out
to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style,
Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep
overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary
material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned
wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s.
SUMMARY/CONCLUSION:
The Stein House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure
with the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as
"Landmark" for its "unique architectural significance" as a fine illustration of the Craftsman aesthetic (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.)
3S: Appears eligible for the National Register as an individual property throu h survey evaluation.
EXHIBIT 2
Pagl~ ~f~ ~ ~+
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page 1 of 3 Resource name(s) or number (assigned by recorder) Stein House
P1. Other Identifier:
*P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA 2555 Date:
*c. Address 222 South Birch Street City Santa Ana Zip 92701
*e. Other Locational Data: Assessors Parcel Number 398-281-09; HENINGERS RESUB BLK 5 LOT 6
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Located on the northwest comer of South Birch and West Pine Streets, this is a one story Craftsman bungalow. A complex,
cross-gable roof of extremely low pitch keynotes the strongly horizontal design. Exposed beams in the overhanging eaves
are rounded at the ends, suggesting an Asian influence. However, the gable ends are decoratively jig sawn in the manner of
Swiss chalet. Clapboard arranged in alternating bands of three narrow and one medium height sides the building. An L-
shaped porch wraps the primary (east) elevation on Birch Street and most of the south elevation. The poroh space is
enclosed by a solid brick railing that dips into concave arches between two-tiered, paneled pedestals. Projecting courses of
brick coping emphasize the horizontal line of the railing. Single and double wood posts sit atop the pedestals and carry a
porch beam that is separated from the gable ends by a row of vertical spacers. Portions of the porch on both the facade and
south elevation are covered by pergolas whose beams are rounded in the same manner as those of the roof. A broadly
(See Continuation Sheet 3 of 3.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other
PSa. Photo
P5b. Photo: (view and date)
East and south elevations
April 2004
*P6. Date Constructed/Age and
Sources: ^historic
1919/Source: City of Santa Ana
Building Permits
*P7. Owner and Address:
Azam Akhavan Borna
222 South Birch Street
Santa Ana, CA 92701
*P8. Recorded by:
Leslie J. Heumann
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
April 21, 2004
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
Les, Kathleen. "100-500 Blocks of South Birch Street." Historic Resources Inventory, September 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) ~I..~ f ~ *Required information
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Paae 2 of 3 *CHR Status Code 3S
*Resource Name or #: Stein House
B1. Historic Name: Stein House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*65. Architectural Style: Bungalow/Craftsman
*66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1919.
March 3, 1919. Residence.
July, 1922. Addition to residence.
November 17, 1988. Reroof house and garage with tear-off.
June 25, 1991. Return porch to original use, remove drywall blocking kitchen window (Notice of Violation).
February 3, 1994. Change out (rear] window to aluminum 5' by 3' and repair existing wood siding.
*B7. Moved? ^No ^Yes ^Unknown Date: Original Location:
*B8. Related Features:
Garage.
B9a. Architect: Unknown b. Builder: Unknown
*B10. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1880-1946 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 Stein House is architecturally significant as an outstanding example of a highly intact and characteristically detailed
example of a Craftsman bungalow. It was constructed in 1919, at a cost of $4, 900 for Sam and Celia Stein. The proprietor of
a store at 210 West Fourth Street that sold books, stationery, and toys, Sam Stein was swell-liked and respected member of
the community. Born in Russia in 1885, his parents immigrated to New York, and Stein came to California in 1902. His work
at the Lazarus Stationery Company in Los Angeles inspired him to open his own store in Santa Ana, and by 1921 he
employed eleven people (Armor, 1921, page 1604). Known for his apparently large "stature" and his `jollity," Stein was listed
in the 1920 city directory as "Stein, Sam Of Course."
(See Continuation Sheet 3 of 3.)
611. 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 3 of 3.)
B13. Remarks:
*B14. Evaluator: Leslie J. Neumann
*Date of Evaluation: April 21, 2004
(This space reserved for official comments.)
DPR 523B (1/95) ~ Paaa 3 0~ *Required information
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 3 Resource Name or # (Assigned by recorder) Stein House
'Recorded by Leslie J. Neumann, SAIC *Date April 21, 2004 u continuation u update
*P3a. Description:
proportioned front door, Banked by half-height sidelights is located in the center bay of the fagade. A large, horizontal
window south of the entry is balanced on the north by French doors Banked by casements in a slightly projecting bay.
Extended lintels above all of the openings provide an additional horizontal line. Bands of openings on the side elevations,
including another set of French doors that act as a secondary entry on the south, are similarly topped. A brick chimney is
attached to the south elevation, piercing the porch roof to terminate with a stepped and paneled cap. In the rear of the
property, facing West Pine Street, afront-gabled garage utilizes a simpler ve-sion of the roof design of the house. Minor
alterations visible from the street include a rear addition and replacement of the garage door. A low concrete curb, bisecfed
by concrete paths leading to the porch steps on the east and south, borders the front lawn of this substantially intact home.
*B10. Significance (continued):
The Stein House is located in Heninger Park, a residential neighborhood that developed south of the original city core,
primarily between 1910 and 1930. Generally bounded by West First Street on the north, West McFadden Avenue (originally
Fairview Avenue) on the south, South Sycamore Street on the east, and South Flower Street on the west, the neighborhood
had a few homes, mostly located in the northern half, when the area was partially mapped in 1895 by the Sanborn
Company. Most of the land was agricultural in use. The City utilized the southwest comer of West Firsf and South Gamsey
(then called Palm) for the municipal water works, and the City stables were located on the northwest comer of Palm and
West Walnut.
Brothers H. 8. and Martin Heninger were responsible for developing and platting the tract following their purchase of thirty-
fouracres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs, and
paved the streets on what had been a bartey field. Later they bought additional tracts often and eighteen acres which they
also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange
County historian Samuel Armor described the Heninger tracts as "... the finest residence section of the city, built up with fine
homes..., "adding, " Mr. (Martin] Heninger and his brother have erected 150 houses on the property" (Armor, p. 1777). The
major landmark of the neighborhood was Santa Ana Polytechnic High School, which occupied a campus that stretched from
West Walnut to West Camille between South Ross and South Parton Streets.
The majority of homes in the area showcase the Craftsman and Colonial Revival styles, and, to a lesser extent, the other
revival styles of the 1920s. Homes range in size from one to two stories and are unified by common setbacks, the repetition
of gabled roofiines and front porches, the use of similar materials, and on some blocks, by the canopy of street trees.
Portions of South Birch Street and South Broadway, in particular, present intact Craftsman streetscapes. After replacement
of some of the earlier homes with high density apartments in the 1970s and 1980s, the City of Santa Ana recognized the
integrity of the Heninger Parts neighborhood in 1986, by creating a Specific Development (SD) zoning district intended to
preserve its historic character, the second such SD in the City. (French Park was the first.)
The Stein House qualities for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a bungalow with
the distinguishing characteristics of the Craftsman style. Additionally, the house has been categorized as "Landmartc" for its
"unique architectural significance" as a frne illustration of the Craftsman aesthetic. The elaboration of the roof and porch
structure, which acts as the primary architectural decoration, and the emphatically horizontal design reaches out to embrace
the landscape are hallmarks of the Craftsman approach to design. All original and restored exterior features of the Stein
House are considered character-defining and should be preserved, including, but not be limited to: siding (clapboard) and
materials (brick); roof configuration and detailing; massing; windows and doors; porch configuration and detailing; brick
chimney; garage; concrete curbs, paths, and stairs; and architectural details (such as the beams, gable faces, extended
lintels, and porch railing).
*B12. 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.
Santa Ana and Orange County Directories, 1901-1935.
Armor, Samuel. History of Orange Couniv. Los Angeles: History Record Company, 1921.
DPR 523E ~/~e~f
MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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 November 2, 2009 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 Carin C. and Bertram M. Kager, (hereinafter referred to as "Owner"), owner
of real property located at 222 South Birch Street, Santa Ana, California, 92701 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 Owner 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 possess fee title in and to that certain qualified real property together
with associated structures and improvements thereon, located at 222 S. Birch
Street, 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
building, and other changes are appropriate; and to ensure that rehabilitation and
maintenance are carried out in an exemplary manner.
E O
MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on November 2, 2009, 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:
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256-11
MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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
of character-defining features of the building or site; removal of trees and other major vegetation
unless removal is approved by a rehabilitation plan approved by the Historic Resources
Commission, paving of yard surface; exterior alterations or additions unless approved by the
Historic Resources Commission and such alternations are in keeping with the Secretary of
Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs,
doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as
cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is
unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic examination, by prior appointment, of the
interior and exterior of the Historic Property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana
as may be necessary to determine the Owner' compliance with the terms and provisions of this
Agreement.
4. Furnishing of Information.
The Owner hereby agree 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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256-12
MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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 have 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 have 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 may be commenced
within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner),
then the City may, without further notice, declare a default under the terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief
against any violation by the Owner or apply for such relief as may be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not
enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
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256-13
MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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 subject the Historic Property, located at 222 South Birch
Street, Assessor Parcel Number, 398-281-09, 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' 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: Carin C. and Bertram M. Kager
222 South Birch Street
Santa Ana, CA 92701
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MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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' 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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MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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:
MARIA D. HUIZAR
Clerk of the Council
Owner
Date:
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Carin C. Kager
Date:
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
By:
Bertram M. Kager
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MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
Exhibit A
Lot 6 in Block 5 of the Heninger's re-subdivision of Blocks 3, 4, 5, and 12 of Palmer's
Addition to the Town of Santa Ana, in the City of Santa Ana, County of Orange, State of
California, as per map recorded in Book 5, Page 49 of Misc. Maps in the Office of the
County Recorder of said County.
Assessor's Parcel Number: 398-281-09
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MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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:
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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MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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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MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
Exhibit C (photographs attached)
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MILLS ACT AGREEMENT
222 South Birch Street
Santa Ana, CA 92701
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222 SOUTH BIRCH STREET
PHOTO LOCATION MAP
BIRCH STREET
(~ 1 50.00 4
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135.0
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ALLEY (15')
P
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