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Home My WebLink About25B - HPPA - 1809 NORTH HELIOTROPE DRIVE REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 3, 2010 TITLE: APPROVED ? As Recommended HISTORIC PROPERTY PRESERVATION ? As Amended AGREEMENT NO. 2010-02 FOR THE ? Ordinance on 1St Reading PROPERTY LOCATED AT 1809 NORTH ? Ordinance on 2"d Reading ? Implementing Resolution HELIOTROPE DRIVE ? Set Public Hearing For CONTINUED TO C/ FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Lewis P. Janowsky Trust, property owners, for the structure located at 1809 North Heliotrope 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 Lewis P. Jankowsky Trust, property owners, for the structure located at 1809 North Heliotrope Drive, subject to non-substantive changes approved by the City Manager and City Attorney at its April 1, 2010 meeting by a vote of 5:0 (Villasenor absent). DISCUSSION After the public hearing on April 1, 2010, 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. 2010-02 May 3, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $114.04 to $570.49 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Ja Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hs\historic info\mills act agreements\1809_N_Heliotrope\hppa10-2.cc Exhibit: A. Historic Resources Commission Staff Report 25B-2 REQUEST FOR Historic Resouroes Corrxrission Action ~r Hsrowc~u~s~on~~r~oa~: wsra~ccESC~~sE~Tar~r APRIL 1, 2010 APPROVED TITLE: ? As Recommended HISTORIC PROPERTY PRESERVATION ? As Amended AGREEMENT N0.2010-02 FOR THE PROPERTY ? Set Public Hearing For LOCATED AT 1809 NORTH HELIOTROPE DRIVE CONTINUED TO Prepared by Hally Soboleske i 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 Lewis P. Jankowsky Trust, property owners, for the structure located at 1809 North Heliotrope Drive subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Lewis P. Janowsky Trust, request the approval of Historic Property Preservation Agreement No. 2010-02 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes aModerne/Art Moderne (Regency variant) styled residence and garage located at 1809 North Heliotrope 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 25B-3 HPPA No. 2010-02 April 1, 2010 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 Miller House and categorized as Contributive in October 2009 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 h sical environment of the PY 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. Hally Sob eske Sergio tz, IC Associate Planner Princip Plan HS:jm hslhistoric infolmills act agreements11809_N_Heliotropelhppal0-2.hrc 25B-4 ~~T 2QD9 _ ~Of2 t t~ . 1916 l 1~TN >Sl K ~ ~ iss trr~ gr ~ ~ ~ 500' RADIUS HPPA-2010-02 '1809 N. Heliotrope Drive PLANNING AND BUILDING AGENCY EXHIBIT 1 25B-6 EXECUTIVE SUMMARY MILLER HOUSE 1809 North Heliotrope Drive Santa Ana CA 92706 NAME Miller House REF. N0. ADDRESS 1809 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ? Not for Publication ®Unrestricted ? Prehistoric ®Historic ? Both ARCHITECTURAL STYLE: Moderne/Art Moderne The Moderne style encompassed the Modernistic, Streamlined Moderne, and Art Moderne variants. An evolution of the Art Deco style, the Streamlined Moderne flourished during the 1930s and lingered through the decade following World War II in a simplified version. In contrast to the verticality of earlier Art Deco designs, the Streamlined Moderne emphasized the horizontal, through bands of windows, use of decorative raised or incised horizontal lines, railings, flat canopies with banded fascia, and narrow coping at the roofline. Other characteristics include smooth wall surfaces, usually of stucco; metal detailing; glass block windows; rounded corners, porthole windows, and asymmetry. Incorporation of aerodynamic, transportation related imagery, especially nautical, is a signature of the style. In common with the Streamlined Moderne, Art Moderne buildings also tended to be horizontal in emphasis, but tended to be more clean-lined and rectilinear in their massing and detailing than their streamlined counterparts. Art Moderne designs can be recognized by their flat roofs, smooth stucco exteriors, and use of metal casement windows that often meet at the corners of the building. Colonial Revival (Regency Variant) The most universal of ail American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side- gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors. Popular in the 1930s, the Regency Variant of the Colonial Revival style draws on English rather than American precedents. The Regency Variant often displays a simplified entry and door surround, framed within a metal entry porch with a canopy roof. Simpler in its ornamental program than the Colonial Revival, the Regency Variant also incorporates features such as octagonal windows and metal balconettes formed of simple geometric patterns. (McAlester, 320-326; 331-332). SUMMARY/CONCLUSION: EXHIBIT 2 Page 1 of 6 25B-7 The Miller House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of both the Moderne style (Art Moderne variant} and the Colonial Revival style (Regency Variant). Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Art Moderne variant of the Moderne style and the Colonial Revival style (Regency Variant) in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2}. EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. I Page 2 of 6 25B-8 Stabs of Califiornia-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION Fflltl # hR~AIIt~R'Y ~EC~R~ Trinomial , NRHP Status Coda Other Listings Review Code Reviewer Dats Page 1 of 4 Resource name(s~ or number (assigned by recorder) Miller House P1. Other Identifier: *P2. Location: C3Not for Publication ¦Unrestricted *a. County Orange County `b. USGS 7.5' Quad TCA1725 Date: *c. Address J809 North Heliotrope Drive City Santa Ana Zip 92706 'e. Other Locational Data: Assessors Parcel Number 002-092-13 `P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Sheathed in smooth stucco, this two-story residence combines elements of the Art Modems variant of the Modems style and the Regency Variant of the Colonial Revive! style. The residence is capped by a hipped Hoof with a low pitch (which makes the hip Hearty imperceptible from the sidewalk) and no overhanging eaves. An asymmetrtca! but balanced design characterizes the residence, which is rectangular in plan. The design composil7ion emphasizes the horizontal, with a band of reeled molding marking the division between the first and second stories. Resting on the molding, an iron bakonet forming an abstract geometric pattern extends across the facade. Centered above the baMonet, applied iron scroll wo?Jr and a Mpartite stained~,l/ass window with wood names add decorative accent to the second story. Anofher horizontal accent is provided by a string course that forms a continuous header for the second-story windows. Above, an identical cornice fermi»ates the roof line. Second~story windows consist of a pair of six-oversix, wood-framed double-hung sashes and French doors opening onto the bakonet. First-story fenestration follows this pattern, with six-over~ix, wood-framed double- hungsashes, two of which are located on the south half of the facade, and four grouped' on the square bay on the north portion of the facade. Located in the central bay of the threebay facade, the principal entry consists of a wood paneled door elevated on two steps and recessed beneath the balconet. Extending above the south elevation, an attached, stucco-clad chimney rises above the roof tine. Alterations include the addition of an attached garage, capped with a trellis, on the north portion of the hacade, as well as a breakfast room on the south elevation. Otherwise highly intact, the residence is in excellent repair and is enhanced through mature landscaping. `P3b. Resource Attributes: (list attributes and codes} HP2. Single-family Property "P4. Resources Present: ¦Building ?Structure ?Object ?Site ?District OElement of District ?Othec PSa. Photo PSb. Photo: (view and date) West elevation January 2009 ~ `P6. Date Constructed/Age and . , , . ; ; . ~ ~ Sources: ¦historic ~ ; ~ ~ , .v . j- ' ~ " J93arCity of Santa Ana Building Permits `P7. Owner and Address: (~wis Janowsky J809 N. Heliotrope Drive Santa Ana, CA 92706 `P8. Recorded by: D.Howell Ardila 430 North Halstead Street Pasadena, California 9JJ07 `P9. Date Recorded: February 2, 2009 `P10. Survey Type: Intensive Survey Update 'P11. Report Citation: (Cite survey repod and other sources, or enter "none'} None. *Attachments: ?None ?Location Map ?Sketch Map ¦Continuation Sheet ¦Buiiding, Stnx:ture, and Object Record ?Archaeological Record ?District Record f~t.inear Feature Record OMiiling Station Record ?Roc1c Art Record ?Artifad Record ?Photograph Record ? Other (list) DPR ti23A (t195) Page 3 of 6 `Required information 25B-9 State of Califomla -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 •CHR Status Code 5S1 *Resource Name or Miller House B1. Historic Name: Mi1lerHouse B2. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence 'B5. Architectural Style: Modems (Art Modems variant), Colonial Revival (Regency Variant) *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1935 November 19, 1935. Residence and garage constructed, $8,500. Mar>;h 26, 1946. Addition to residence by Nylin Hurr1, $2,000. July 3, 1963. Addifion of breakfast room, 9 feet x 10 feet, $800. August 8, 1963. Plastering. October 18, 1988. Remodel kitchen and change-out windows and doors. 'B7. Moved? ¦No Yes DUnknown Date: Original Location: *Bt3. Related Features: None. B9a. Architect: Urrkrown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 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 Miller House is architecturally significant for its transitional styling, combining aspects of the Modems style (Art Modems variant) and the Colonial Revival (Regency Variant). According to the original building permit, dated November 19, 1935, the residence and garage were constructed for Herbert L. Miller and his wife Doris by noted Flora/ Park deve/operAlison C. Honer at a cost of $8,500. A native of Texas, Miller moved to Santa Ana by way of San Francisco in circa 1921. t3y 1936, he had founded Herbert L. Miller, Incorporated, Orange County's distributor for Wllarrl Batteries and Diamond Tires. Miller and his wife, who by 1956 served as vice president of the company over which her husband presided, owned and occupied f 809 North Heliotrope Drive until at least 1965. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: 1809 N. Heliotrope Drive City of Santa Ana Building Permits 002-091-~ 3 Santa Ana History Room Collection, Santa Ana Public Library Sketch Map Sanborn Maps ~ O (See Continuation Sheet 4 of 4.) _ 613. Remarks: ® ~ v ry ~ '814. Evaluator: Deborah Howell-Arclila 'Date of Evaluation: February 2, 2009 ~ ~ ® ~ 3 O t --OO O ~ (This space reserved for official comments.) Q a i ~ ~ _ O O i P ~ ~ O 4 ----n v n ~ i DPR 5238 (1/95) 'Required information Page 4 of 6 25B-10 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) Miller House 'Recorded by Deborah Howe/I-Arriila 'Date February 2, 2009 ®Continuation ? Update "B10. Significance (continued): Santa Ana was founded by w/liam Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The cnric and commen;ia/ core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in f 889, the city grew outwarcls, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and on;hanis dotted with widety scattered farmhouses. The Miller House is located in Flora/ Paris, a neighbofiood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widety scattered ranch houses characterized this area before 1920. Developer and builderAllison 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 pun:hased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The panel chosen became the Floral Paris subdivision between Seventeenth Sheet and Santiago Creek. °When built in the f 920s, the Floral Paris homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival anhitecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Paris showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old Santa Ana City Hall, the E/ Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Gara Avenue. !n the late 1920s and 1930s, another builder, Roy Roscoe Russell (188f-1965), continued developing the groves of Floral Panic. 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 Il years, Floral Park continued its development as numerous smaller, single-family houses were built Continuing in the Floral Panic tradition, they were mostly revival in style. !n the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Paris maintains its identity as the premier neighborhood of Santa Ana, historically home to many ati7uent and prominent citizens. The Miller House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of both the Modeme style (Art Modeme variant) and the Colonial Revi+ra/ style (Regency Variant). Typical features of the Art Modeme style illustrated by the house include its asymmetrical but balanced composition; iron bak;onet with metal balustrade, arranged in a geometric pattern; decorative horizonta! reeding uniting the bays of the fagade; smooth stucco finish; pairs of windows grouped at buiktir?g comers; and emphasis on the horizontal. These (eatures are combined with Colonial Revival (Regency Revival) elements, including the building massing, use of an iron balconet forming abstract geometric pattern; wood-framed, double-hung sash windows; and iron scroll work. Additionally, the house has been categorized as `Contributive" because it °contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Art Modeme variant of the Modeme style and the Colonial Revival style (Regency Variant) in the Floral Park neighborhood, is a good example of period architecture." Character- defrning exterior features of the Miller House that should be preserved include, but may not be limited to, materials and finishes (stucco and metal); roof configuration and detailing; original windows where extant,• chimney,' and architectural details such as horizontal banding and moldings; stained-glass windows and applied iron scrollworic,• and the squared bay projections. DPR 523E Page 5 of 6 25B-11 State of Callfornla -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Miller House 'Recorded by Deborah HowelNArdila 'Date February 2, 2009 ®Continuation ? Update 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 Panic Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange Couniv, California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364-365. Whiffen, MarcUS. American An:hitecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84,"The Santa Ana Journal. September 21, 1981. "Builder of Honer Plaza Dies,"Orange County Resister. September 15, 1981. History of Flora/ Panic." http./Mrww.floral-park.com/nage2.html. Noted Nursery Operator Dies, ° Santa Ana Register. August 28, 1957. Santa Ana and Orange County Directories, 1937-1978. Page 6 of 6 DPR 523E 25B-12 MILLS ACT AGREEMENT 1809 North Heliotrope Drlve 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 3, 2010 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 Lewis P. Janowslcy Trust, (hereinafter referred to as "Owner"), owner of real property located at 1809 North Heliotrope 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 1809 North Heliotrope 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. EXHIBIT 3 -1- 256-13 MILLS ACT AGREEMENT 1809 North Heliotrope 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 May 3, 2010, 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- 25B-14 MILLS ACT AGREEMENT 1809 NorHt Heliotrope Dave 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 chazacter- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the 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 Standazds and Guidelines for Historic Preservation Projects. These guidelines aze attached hereto, mazked 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 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. -3- 256-15 MILLS ACT AGREEMENT 1809 North Heliotrope 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 5028b. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/z) percent by Government Code Section 50286) of the current fair mazket 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 (b0) 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 aze not otherwise provided for in this Agreement or in the City's regulations governing historic properties aze available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- I 25B-16 MILLS ACT AGREEMENT 1809 North Heliotrope 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 1809 North Heliotrope Drive, Assessor Parcel Number, 002-092-13, 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: Lewis P. Janowsky Trust Lewis P. Janowsky, Trustee 1809 North Heliotrope Drive Santa Ana, CA 92706 -5- 256-17 MILLS ACT AGREEMENT 1809 North Heliotrope 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 dama a for rsonal in'uries includin death and claims for r e w ' o rt dama loch ma g 1~ J ~ g ~ p Pe Y g Y 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 rovision a lies to all dams s an p pp ge d 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 Califonva. -6- 25B=~8 MILLS ACT AGREEMENT 1809 North Heliotrope 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 yeaz first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager Owner Date: By: Lewis P. Janowsky APPROVED AS TO FORM: JOSEPH VV. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney 25B-19 MILLS ACT AGREEMENT 1809 North Heliotrope Drive Santa Ana, CA 92706 Exhibit A TR 748 LOT 14 (LOT 13 S1/2THEREOF) Assessor's Parcel Number: 002-092-13 -s- 25B-20 MILLS ACT AGREEMENT 1809 North Heliotrope 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 Standazds 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 azchitectural 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 aze 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 azchitectural 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, azchitectural or cultural material, an such design is compatible with -9- 256-21 MILLS' ACT AGREEMENT 1809 North Heliotrope Drlve 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. -10- 256-22 MILLS ACT AGREEMENT 1809 Nort/t Hettotrope DrJve Santa Ana, CA 92706 Exhibit C (photographs attached) y. 3 ~ t He_ A ei` 4 ` '1~+~* l ~ R~':+t' It ~ • t ~ y..~t>~i T'. _ ~ Front elevation -11- 1849 NORTH HELIOTROPE DRIVE PHOTO LOCATION MAP HELIOTROPE DRIVE 53.00 • 1 • i I 1 I ¦ r i 1 ¦ I • ~ ¦ I 1 ¦ 1 I ¦ I 1 ¦ 1 I ¦ ~ i ~5o.oa f i I I i i 1 I • r NORTH -12- 7~R_7d