HomeMy WebLinkAbout25E - 1917 NORTH VICTORIA DRIVEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 2, 2009
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2009-03 FOR THE
PROPERTY LOCATED AT 1917 NORTH
VICTORIA DRIVE
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15' 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 John and Patricia Bretza, property owners, for
the structure located at 1917 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 John and Patricia
Bretza, property owners, for the structure located at 1917 North Victoria
Drive 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.
25E-1
HPP Agreement No. 2009-03
November 2, 2009
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $103 to $517 annually, for a period
of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
'~
Jay M. T evino
Executive Director
Planning & Building Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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hs\historic info\mills act agreements\1917_N_Victoria\hppa09-03_1917 N_Victoria.cc
25E-2
REQUEST FOR
Historic Resources Commission Action
HISTORIC RESOURCES CONMSSION MEETING DATE:
OCTOBER 1, 2009
TITLE:
HISTORIC PROPERTY PRESERVATION AGREEMENT
NO. 2009-03 FOR THE PROPERTY LOCATED AT
1917 NORTH VICTORIA DRIVE
HISTORIC RESOURCES COMMISSION SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
Executive Director
Planning Manager
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager
the Council to execute the attached agreement with John
Bretza, property owners, for the structure located at
Victoria Drive subject to non-substantive changes approved
Manager and City Attorney.
DISCUSSION
Request of Applicant
The applicants, John and Patricia Bretza,
Historic Property Preservation Agreement No.
the property owner and the City of Santa Ana.
Property Description
and Clerk of
and Patricia
1917 North
by the City
request the approval of
2009-03 (Mills Act) between
The subject property includes a Tudor Revival styled residence and
garage located at 1917 North Victoria Drive and is within the Floral
Park Neighborhood. 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
25E-3
HPPA No. 2009-03
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 Hoiles House and categorized as Contributive in March of 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).
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.
_,
Ha y Sob¢ eske
Associate Planner
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HPPA-2009-03
1917 N. Victoria Drive
PLANNING AND BUILDING AGENCY
EXHIBIT 1
25E-5
EXECUTIVE SUMMARY
HOILES HOUSE
1917 North Victoria Drive
Santa AIIa, CA 92706
NAME Hoiles House REF. NO.
ADDRESS 1917 North Victoria Drive
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE SS 1
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 Hoiles House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its retention of several of
the distinguishing characteristics of the Tudor Revival style, including the use of half timbering, the complex gabled and hipped roof
configuration and rustic wood shingling, and the asymmetrical design. 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 community.
Additionally, the house has been categorized as "Contributive" for its contribution to character of Floral Park and North Victoria
Drive and as a "good example of period architecture" (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)
SSl: Is not eligible for listing in the National Register but of local interest because the resource is eligible for
listing under an existing local ordinance.
EXHIBIT 2
Page l of 4
25E-6
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) Hoiles House
P1. Other Identifier:
*P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County
*b. USGS 7.5' Quad Orange TCA 1725 Date:
*c. Address 1917 North Victoria Drive City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number: 002-151-15 Orange Grove TR Lot Irreg Lot in Tract-Lying 67.04ft
N of Goeppers Add
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Although altered, this west-facing, two-story residence is still evocative of the Tudor Revival style. The asymmetrical
residence is capped by a wood shingled roof featuring a pair of adjacent, medium-pitched front gables that intersect the
primary side gable on the north and a hipped section on the south. Decorative half-timbering adorns the projecting face of
the front gable located slightly north of center and the portion of the second story below it. To the north, exposed, notched
beam-ends punctuate the slight overhang of the gabled north bay of the facade. windows are irregularly disposed about the
facade and are varied in size and type. The entry is located beneath the projecting front gable and is framed with red brick.
A tall exterior red brick chimney is attached to the south elevation. There have been numerous alterations to the house,
including the application of a rough stucco exterior finish, replacement of the original ground floor windows north of the
entrance with newer stained glass, the addition of a high wall with an arched cutout in front of the entrance porch, the addition
or modification of a bay window on the upper story, and the installation of window awnings. A two-car garage located on the
southeast corner of the property replaced the original garage in 1989. A mature pine tree shades the broad lawn and low
shrubs of the front yard. The house is in good condition.
*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)
West elevation
January 2003
*P6. Date Constructed/Age and
Sources: ^historic
1935/ Source: City of Santa Ana
building permits.
*P7. Owner and Address:
Kristina Bretza
1917 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:
January 30, 2003
*P10. Survey Type:
Intensive Survey
*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)
*Required information
Page 2 of 4
25E-7
*P71. Report Citation: (Cite survey report and other sources, or enter "none")
None.
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 3 *NRHP Status Code 5S1
*Resource Name or ft: Hoiles House
B1. Historic Name: Hoiles 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):
September 5, 1935. Residence and garage. Owner, H. C. Head. $12, 500.
May 26, 1936. Alterations to residence by Hasper Farney. $200.
July 6, 1939. Termite treatment by R.C. Hoiles. $35.
January 29, 1973. Private pool by Leo A. Moyneur, owner. $3, 500.
June 2, 1982. Reroof for Lee Moyneur.
October 18, 1989. Two car garage.
November 21, 1989. Conform to code shed at rear of garage.
"B7. Moved? ^No ^Yes ^Unknown Date: Original Location:
''B8. Related Features:
Mature pine tree in front yard.
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: C
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The Hoiles House is architecturally noteworthy as an example of the Tudor Revival, which, while altered, is still recognizable.
Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on
North Victoria Drive. According to the building permit, the house was constructed in 1935 byowner/builder H. C. Head. Like
builder Roy Russell, Mr. Head was the owner and developer of multiple properties on North Victoria Drive. Subsequent
building permits suggest that Hasper Farney may have owned the house briefly in 1936; however, both the Orange County
directories and later building permits indicate that the Hoiles family occupied the property from 1936 until at least 1960. In
1936, Raymond C. Hoiles, wife Mabel, and son Harry H. Hoiles, a student, lived in the house. Raymond C. Hoiles was a
(See Continuation Sheet 3 of 3.)
611. Additional Resource Attributes: (List 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 3.)
613. Remarks:
*B14. Evaluator: Leslie J. Heumann
'Date of Evaluation: January 30, 2003
(This space reserved for official comments.)
DPR 5236 (1195)
Page 3 of 4
25E-8
*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) Hoiles House
'Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC 'Date January 30, 2003 O Continuation ^ Update
*B10. Significance (continued):
native of Ohio who, while studying engineering, decided to pursue a career in newspapers instead. Listed in the city
directories as president of the Register Publishing Company, Hoiles purchased a controlling interest in the Santa Ana
Register in 1935 and moved to Santa Ana. He appointed his son Clarence H. Hoiles, who moved into 2010 North Victoria
Drive, secretary of the Register Publishing Company, in charge of the business affairs of the paper. The Hoiles published
the paper until 1987; during their tenure, both the county and the paper, which became The Register in 1955 and the
Orange Countv Register in 1987, witnessed tremendous growth.
The Hoiles 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 Countv Register. September 15, 1981). The
parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the
1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45, 000 each" (Orange
Countv 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 behnreen 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 ll years, Floral Park continued its development as
numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Hoiles House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 for its retention of
several of the distinguishing characteristics of the Tudor Revival style, including the use of half timbering, the complex
gabled and hipped roof configuration and rustic wood shingling, and the asymmetrical design. 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 community. Additionally, the house has been categorized as "Contributive" for its contribution to
character of Floral Park and North Victoria Drive. Character-defining exterior features of the Hoiles House that should be
preserved include, but may not be limited to: original materials (wood and brick) and finishes where extant; roof
configuration and materials (randomly laid wood shingles); asymmetrical massing and composition; original doors and
windows where extant, architectural detailing (exposed beam-ends); and brick chimney. If returned to an earlier
appearance, the house may qualify for "Key" or "Landmark" categorization.
"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.
`Alison Honer Dies at 84,"The Santa Ana Journal, September 21, 1981.
"Builder of Honer Plaza Dies, " Orange Countv 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 Countv. 1921.
Orange County Directories, 1932-1941, 1945.
Milbauer, Jordana. A Libertarian Dynasty: Publishers of the Orange Countv Register 1935-1987. M.A. Thesis, California
State University Northridge, August 1988.
DPR 523E
Page 4 of 4
25E-9
MILLS ACT AGREEMENT
1917 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 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, (hereinafter referred to as "Owner"), owner of real property located at 1917
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 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 1917 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-
E~' 1 0
MILLS ACT AGREEMENT
1917 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:
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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25E-11
MILLS ACT AGREEMENT
1917 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
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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25E-12
MILLS ACT AGREEMENT
1917 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 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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25E-13
MILLS ACT AGREEMENT
1917 North i'ictoria 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 subject the Historic Property, located at 1917 North Victoria
Drive, Assessor Parcel Number, 002-151-15, 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: John and Patricia Bretza
1917 North Victoria Drive
Santa Ana, CA 92706
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25E-14
MILLS ACT AGREEMENT
1917 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' 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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25E-15
MILLS ACT AGREEMENT
1917 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:
MARIA D. HUIZAR
Clerk of the Council
Owner
Date:
Date:
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Benjamin Kaufman
Chief Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
John Bretza
By:
Patricia Bretza
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25E-16
MILLS ACT AGREEMENT
1917 North Victoria Drive
Santa Ana, CA 92706
Exhibit A
ORANGE GROVE TR LOT IRREG LOT IN TRACT -LYING 67.0 N OF GOEPPERS
ADD
Assessor's Parcel Number: 002-151-15
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25E-17
MILLS ACT AGREEMENT
1917 North i~ictoria 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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25E-18
MILLS ACT AGREEMENT
1917 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.
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25E-19
MILLS ACT AGREEMENT
1917 North Victoria Drive
Santa Ana, CA 92706
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25E-20
Exhibit C (photographs attached)
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25E-21
MILLS ACT AGREEMENT
1917 North Victoria Drive
Santa Ana, CA 92706
1917 NORTH VICTORIA DRIVE
PHOTO LOCATION MAP
VICTORIA
50.00
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125.00
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