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Home My WebLink AboutHRC FULL PACKET 2012-06-28is ~'. ;' CC9~~hi~. ~~~~~° `~~~ ~~tI~~R ~1~~~ ~} G~' ,~L~ ~C~~; '1 ~~, F~ III ~~ ~ ~ ~~~, t -^ ~~ ---- _ ' ~ - . .._, "de fit _ r ~a~n'r~l ~~~6~'' - Imo, ~~.~~ ~~!~~,°`~~~~t ~~~~ r a-~ ~ ~~~ ~~ ~ errs €~f a~~c~ ~~c~s, c~~~~ mod: c~t~ees tQ a~ p~C€ ~~ ,~ ~ ~ ~~`~ ~ c + faun ark #'~~ ~ ~~ ~ ~~ h~'~ iu~~e,. ~f~~~ ~1' ~~ 1~fl1'4'~31 ~~~tl TQ' ~, ~3~5~ J`~~ ICY ~t~~ ~~~ ~eq€te~t~~q ~~~~#c" ~ ~~€~~ ~~t'ri1~~t ~s~re~~~. ~r~r fc~P~ ~re',~u#~ z ~ aid ~~` Ltby~ t~~ ~ ~ ~ ~ ~~ ~~ mat, e~-~. ~t~ '..cam ~±# ~~t' ~~, '~~~r~~~rt~ #~i bra' ~~~~~~n_ ~ _ ~~e~rt f~ e~~':; ~., 'rt~~;~~" ~ ~f a ~4~~r~,~ a~~c ~~ Ct~~~~~ ~.~~r J _. 'T ~€~~ +~ ~ ~!~ ~ ~ ~e P~l~ ~r~t#s `#bn tom' ~t~~y,: ~ r. ~.:. y :. ~ir-r" ~ ~ ~ ~~~ ~ c~~l c~e~ms to ~~ araEe .c~~ < ate; ~. ~~~; ~r~ ~ ~~~ o ~~ ~l ; ~~ ;off ~ ft r~~#° 1~s~e~ c~ t ,#~!'~ls i~ l~c~et~ ~'' ~, "mss ~r~x, '~~ ~~s~rr„ 'mac ~~t~r1~, ~~a. ~ Via:;, ~~h~e ~~~er Ps: ~~9~1 7~-~~j`_ ~~e t~~i~ei~~ ~~~t~ ~~~u ~~ . . ~~ ~~ ~e ~~ ~~~ s~'_ ,~~ ~ .~s tie ~n . ~ ~~- dar - fl h~~~s ~i~~ ~d~r ~ ~.fi~~~~~~~t't~' ~"~ e~rts~d~~t . ~ _ tai ' _ ~~ 'req~c by' ~e ~Il ~, ~r n~~~~1 ~ ~~~d€~# ~~ a r~~t~r c ~~~ ~or~~9s~n m~r~t~r~ ra~~g ~ ~ t~ ~ ~~ '_, - - ~~ ` ~ 3 _ - f .: f ~ z `.. q ~ f-. _.:~... ~ 'ii Gs Y3 is $ ~5 ~ ~ ~ ~s r .~ _ y _ _,_ .,.._,_ ~~~~ ~~ ~~~`" ~' is _ _ _ _ ~,~~@ ' ~ - ~ ~ ~ k rid ±~ ~~a'~~~y _ _ PROCEDURAL RULES 1. 2. 3. PUBLIC HEARING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-02 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-02 (Rally Soboleske} Filed by Laszlo and Patricia Biro, to place and categorize as Contributive the structure at 2002 North Heliotrope Drive (Lasby House} on the Santa Ana Register of Historical Properties. PUBLISHED IN THE ORANGE COUNTY REPORTER; June 15, 2012 PUBLICLY NOTICED: June 14, 2012 RECOMMENDATION: Adop# a resolution approving Historic Resources Commission Application No. 2012-02 and Historic Register Categorization No. 2012-02. HISTORIC RESOURCES N0.2012-01-RML (Nally Soboleske} Filed by John and Leslie Sherman, to allow the removal of the McGowan House at 214 East Santa Clara Avenue, from the Santa Ana Register of Historical Properties. PUBLISHED IN THE ORANGE COUNTY REPORTER; June 15, 2012 PUBLICLY NOTICED: June 14, 2012 RECOMMENDATION: Adopt a resolution denying Historic Resources No. 2012-01-RML (removal} to remove the McGowan House, HRC No. 2004-03 and HRCA No. 2004-03, categorized as Landmark from the Santa Ana Register of Historical Properties (SARHP}. HISTORIC EXTERIOR MODIFICATION APPLICATION NO, 2010-03 (Rally Soboleske) Filed by Jane Lewis representing John and Leslie Sherman to permit exterior modifications to the McGowan House at 214 East Santa Clara Avenue located in the Single Family Residence (R1) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: PUBLICLY NOTICED: June 15, 2012 June 14, 2012 Historic Resources Commission Agenda 4 June 28, 2012 RECOMMENDATION: 4. 5. 6. 7. 8. Adopt a resolution denying Historic Exterior Modification Application for awrap-around porch on the north front elevation and west side elevation, French doors and balcony on the west side elevation and attic dormers on the north and the west side elevations. APPLICATION OF INTENT TO DEMOLISH HISTORIC PROPERTY HRD NO. 2012-01 AT 1584 EAST SANTA CLARA AVENUE (Vince Fregoso) Filed by the property owners, Concordia University and Lutheran High School of Orange County, to receive public comments on alternatives to the demolition of the Sexlinger House and Orchard at 1584 East Santa Clara Avenue. PUBLISHED IN THE ORANGE COUNTY REPORTER: June 15, 2012 PUBLICLY NOTICED: June 14, 2012 RECOMMENDATION: 1. Review the Application of Intent to Demolish the Sexlinger Farmhouse and Orchard. 2. Receive public testimony on alternatives to the demolition of the Sexlinger Farmhouse and Orchard. 3. Appoint an ad hac subcommittee of the Historic Resources Commission to investigate alternatives to demolition of the Sexlinger Farmhouse and Orchard. PUBLIC COMMENTS (items not on the a enda STAFF AND COMMISSION COMMENTS STAFF COMMENTS HISTORIC RESOURCES COMMI5SION COMMENTS EXCUSE OF ABSENCES ADJOURNMENT Historic Resources Commission Agenda 5 June 28, 2012 .'9 ~ _ ~ 1, ` .: :x.~ a ~.:.: v:.. . ~~~ T~ . '~ ~.~;~ Pte': ~~ ~~ ?~ ~~€ Lang ;;~~~ ~~~ ~: ~~~! ~'~J g ~, ~.. '~~± '_ ~' I~ -~'~I ... ~ ... Tom, ~ '-~ ~. ~~ ~~ ._. ~ ~,~ ~#'; ~ ffi~. ~_ - l~ MOTION: O'Callaghan VOTE: AYES: NOES: ABSENT: ABSTAIN: SECOND: Polce Bustamante, Hitterdale, MorFin, O'Callaghan, Polce, Schaefer, Yrarrazaval {7) None (0} None (0) Christy (1) * * * END OF CONSENT CALENDAR BUSINESS CALENDAR B. ELECTION OF OFFICERS RECOMMENDATION: 1. Elect Chair of the Historic Resources Commission for the year 2012. 2. Elect Vice Chair of the Historic Resources Commission for the year 2012. MOTION: Elect Commissioner Schaefer Chairman for the Historic Resources Commission for the year 2412, MOTION: O'Callaghan VOTE: AYES: NOES: ABSENT; ABSTAIN: SECOND: Yrarrazaval Bustamante, Christy, Hitterdale, MorFin, O`Callaghan, Polce, Yrarrazaval {7) None {0) None {0) Schaefer (1} MOTION. Elect Commissioner O'Callaghan Vice Chairman for the Historic Resources Commission for the year 2012. MOTION: Bustamante VOTE: AYES: NOES: ABSENT: ABSTAIN: SECOND: Hitterdale Bustamante, Christy, Hitterdale, Morfin, O'Callaghan, Polce, Schaefer, Yrarrazaval (8) None (0) None (0) None (0) Ftistoric Resources Commission Minutes 2 April 5, 2012 MOTION: Recommend that the City Council execute the fiollowing agreements [items C through E). MOTION: Yrarrazaval VOTE: AYES: NOES: ABSENT: ABSTAIN: SECOND, O'Callahan Bustamante, Christy, Hitterdale, Morfin, O'Callaghan, Polce, Schaefer, Yrarrazaval (8) None (0) None (0) None (0) C. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-06 Filed by the City of Santa Ana to execute a historic property preservation agreement with Jerome Morin for the structure located at 932 North French Street (Ratan House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Jerome Morin, praperty owner for the structure located at 932 North French Street subject to non-substantive changes approved by the City Manager and City Attorney. D. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-01 Filed by the City of Santa Ana to execute a historic property preservation agreement with Jose Luis Correa and Maria Esther Reynoso for the structure located at 2335 N. North Park Boulevard Street {Emison Georgieff House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Jase Luis Correa and Maria Esther Reynoso, property owners far the structure located at 2335 N. North Park Boulevard subject to non-substantive changes approved by the City Manager and City Attorney. E, HISTORIC PROPERTY PRESERVATION AGREEMENT NO, 2072-02 Filed by the City of Santa Ana to execute a historic praperty preservation agreement with Alfonso G. Cordero far Corbin LLC for the structure located at 207 West Second Street (Southern Counties Gas Building). Historic Resources Commission Minutes 3 April 5, 2012 RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Alfonso G. Cardero for Corbiz, LLC, property owner for the structure located at 207 West Second Street subject to non-substantive changes approved by the City Manager and City Attorney. F. COMMISSIONER COMMUNICATION DISCLOSURE [REGARDING AGENDIZED PROJECTSI There were no disclosures made. PROCEDURAL RULES PUBLIC HEARING 1. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-(11 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-01 Filed by the City of Santa Ana to designate and categorize as Key the structure at 1584 East Santa Clara Street (Sexlinger Farmhouse and Orchard) to the Santa Ana Register of Historical Properties. PUBLISHED IN THE ORANGE COUNTY REPORTER: March 23, 2012 PUBLICLY NOTICED: March 22, 2012 RECOMMENDATION: Adopt a resolution approving the Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01. Associate Planner Hally Soboleske presented the staff report and recommendation providing background information and history on the property and its current owners, criteria for historic designation on the city and state level, and the findings of previous cultural reports related to the site. Commissioner Yrarrazaval commented on Page 4 of the staff report, the last sentence of the first paragraph on the main criteria for meeting the Secretary of the Interior`s Standards for historic resources noting it is not clear if the entire site must remain a physical record or if there are options of changing any part of the site. Ms. Soboleske noted in order to maintain the Secretary of Interior's Historic Resources Commission Minutes 4 April 5, 2012 Standards, the main criteria is that the entire site would have to remain a physical record of its place and time. Commissioner Yrarrazaval asked that this be noted for clarification and clear far permanent record. Written communication received from Dwight and Lowell Schroeder opposing historic designation; and Jeannie Gillett, Deborah Strunk, Coni Claypoole, Orange County Historical Commission, LULAC and Inland Orange Conservancy in support of designation. The public hearing was opened at 5:11 p.m. and the following speakers addressed the Commission on the matter: • Yvonne Gonzalez Duncan, Chairperson of Heritage Museum of Orange County, invited Commissioners to the Heritage Music and Arts Festival fundraiser on June 2. • Michele Calegury, Program Coordinator of Heritage Museum of Orange County spoke in support of historic designation. • .Jeff Dickman, member of the Historic French Park Association, spoke in support of historic designation. • Jeannie Gillett, representing Save Our Orchard, spoke in support of designation. • Deborah Strunk spoke in support of designation. • Julie Stroud, Commissioner on the Orange County Historical Commission, spoke in support of historic designation. • Kevin Tilden, representing property owner Concordia University, spoke in opposition to designation. • Dwight Schroeder spoke in apposition to designation. • Greg Pinick, representing Orange Lutheran High School, spoke in opposition of designation. Robert Odle, representative of Concordia and Orange Lutheran High School, reiterated the opposition of his clients to the designation. • Nick Spain, representing Save Our Orchard Coalition, spoke in support of historic designation. • Jamie Sue Abrahams spoke in support of designation. • Lowell Schroeder spoke in opposition to designation. The public hearing was closed at 5:59 p.m. Commission discussion ensued an the designation of the properly with the following concerns cited: opposition of the property owner to the listing, the His#oric Resources Commission Minu#es 5 April 5, 2012 overall quality of the site as a historic resource, and the fact that the designation would not necessarily result in the long-term preservation of the property. Vice Chairman O'Callaghan left the meeting at 6:09 p.m. MOTION: Deny the application for the Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012x01. MOTION: Bustamante SECOND: Polce VOTE: AYES: Bustamante, Hitterdale, Morfin, Polce, Schaefer, (5) NOES: Christy, Yrarrazaval (2) ABSENT: O'Callaghan ('[) ABSTAIN: None (0) 2. PUBLIC COMMENTS items not on the a enda No public comments were made. STAFF AND COMMISSION COMMENTS 3. STAFF COMMENTS No staff comments were made. 4. HISTORIC RESOURCES COMMISSION COMMENTS Chairman Schaefer announced the Flaral Park Home and Garden Tour will be held April 28 & 29 and encouraged everyone to attend. 5. EXCUSE OF ABSENCES None ADJOURNMENT: 6:27 p.m. RB His#oric Resources Commission Minutes 6 Aprii 5, 2092 a ~ .~ - , ~ ~. ~ _. _ _ d~. ~,y, .~_I [ ~, ,. _ ~ _ 1~~k~~ +,i~~~ Ike, ~-~~y, '~ t II I~, - ,~ ti -- _..~ ~. ~,~ -. ~ ~~. '~ v y ~ ~~t ~ ~~~ ~~~ ~` ~~ ~ ~ ~+ € c`ir Intl :~ ~ ~ ~ ,~~ tt~a~~ C HPPA No. 20'{2-03 June 28, 2012 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 focal register and categorized as Contributive in 2001 by the Historic Resources Commission {Exhibit 2). It is also designated as a contributor to the Historic Downtown, a National Register District. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). A review of the property indicates that this Spanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long-term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is not considered a project, and as such, is not subject to further environmental rev;~evy. ~,.. V.M.. ~_„~,.,~~, Ha y Sobol ke Ser io z, Associate P nner Principa Ian HS:jm hslhistoric iniolmiils aci agreernenis5217_N_Broadway4hppa t 2-03_217 N Broadway.hrc Attachments: Exhibit 1 -Radius Map Exhibit 2 -Executive Summary Exhibit 3 -Mills Act Agreement ~~ ~~ '~7 ~i~ ~ t ._ ..,.: ;~, r '"~v ~! CONSTRUCTION HISTORY: {Construction data, alterations, and date of alterations) Built in I931 RELATED FEA'T'URES: (Other important feahlres such as barns, sheds, fences, prominent or unusual trees, or landscape) None. DESCRIPTION: {Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) This Spanish Colonial Revival style building is located on the east side of N. Broadway behveen 2nd and 3rd Streets. One story itt height, it is built of brick with a shicco exterior, and has a tiled side gable roof. Only about 30 feet deep, the building consists of three bays: a central drive-through passage topped by a froltt gable roof flanked ott either side by storefronts recessed beneath the side gable roof. Around-headed arch defines the auto passage while broad elliptical arches forte a shallow arcade in (rout of the storefronts. Impast moldings detail each arclnvay. Orange and black glazed file in a zig-zag motif decorate the bulkheads. The storefronts have newer plate glass display windows, and the entrance doors are recessed with arched transoms. Rear elevation windows are one-over-one double-hung wood sash. The building appears to be in good condition, and retains a high degree of integrity of materials, design and workmanship. HISTORIC HIGHLIGHTS: The Gilmaker Auto Agency Building was constntcted as the froltt office on alt auto sales lot, and was expected to be used ott a temporary basis {National Register Non~iltatiott Form, 7:2~k). The Depression precluded the replacement of the building with a new one, and it remains in use today. RESOURCI<a ATTRIBUTES: {List attribtttes and codes from Appendix 4 of Instntctions for Recording Historical Resources, Office of Historic Preservakion.} (HP 6) 1-3 story camntercial building RT;SOURCES PRESENT: Page 2 of 4 cmVtistoricltcntp]atcslBruadteay 217 H (Gilroakcr Au[o oidg) S/81€11 ® Building ^ Structure ^ Object ^ Site ^ District ®Element of District ^ Other MOVED? ®No ^ Yes ^ Unknown Date: Original Location: STATEMENT OR SIGNIFICANCE: (Discuss importance in terms of historical or architechtral context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by ~Villiatn Spurgeon in 1869 as a speculative townsite on part of the Spanislt land grant known as Raltclto Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad ilt 1878 and the Santa Fe Railroad in 1886. By the eltd of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick CotriIllerClal blltldEltgS Oll FOllrth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:l). The period of 1911-1915 saw many characteristic new business blacks or remodels along Fourth Street, and by the 1920s Santa Ana's downtown had expanded in each direction to include both convnerciai and civic development. The Califontia style of living evidenced itself in the abuudaltce of Spanish Colonial Revival style buildings, which were commonly built during the 1920s and early i930s. Character-defining exterior feahlres of this building which should be preserved include, but are not limited to: stuccoed exterior; side gable roofwith central front gable; red clay the roof cladding; three bay arcade; impost moldings; storefront cottfguration and materials where original (tile bulkeads, wood and glass door); and central pass-through. The Gilmaker Auto Ageltcy Building is architecturally significant as a good, ilttact example of the Spanish Colonial Revival style iIt downtown Saltta Ana. The stucco fi~tish, the roof, and arches are all typical of the style, and the building retailts good integrity. SUMMARYICONCLUSION: This building was listed in the National Register of liistaric Places in 19$4 as a contributor to the Downtown I-Iistoric District. Under the regulations implementing the Califontia Register of Ilistorical Resources, the building is also listed in the California Register. As an intact example of the Spanislt Colonial Revival styliltg which typified att importaltt architectural trend itt Santa Ana development during the 1920s and 1930s, the building satisfies Criterion 1 for inclusion in the Santa Ana Register of Ilistorical Property. Additionally, the property has been categorized as "Contributive" because it "colttributes to the overall character and history" of the downtown historic district (Municipal Code, Section 30-2.2(3)). OWNER AND ADDRESS: Joseph L. Gilmaker __ 307 West Third Street Santa Ana, CA 92701 RECORDED BY: (Name, affiliation, and address) Page 3 of 4 cmVtistoricltcmplateslt3raadway 217 i`E (Gilcnakcr Auto nldg) 8lSi41 Leslie Ilettmann & Liz Carter Science A lications International Co oration 35 S. Raymond Avenue, Sttite 204, Pasadena, CA 91105 DATE RECORDED: January 19, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) lntensive Surve U date REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. "Santa Ana Historic Surve ,)'final Resources Inveltto :Downtown." Ma 1980. Thomas, Harold M. "Downtown Santa Ana Historic District" National Register nomination form, 1984. REFERENCES: {List documents, date of publication, and page numbers, May also include oral interviews.} Harris, Cyril M, rlrner-ican ~lrclritectlrj•e: tI» Illustraled Encyclopedia. New York, ~VW Norton, 1998. Ileritage Orange County Inc. "Downtown Santa Ana historic District Walking Tour." ltd. McAlester, Vir inia and Lee. rI Field Gurde to ~turericml houses, New York; Alfred A. Kno f, 1984. National Register Bulletin 16A. "I-Iow to Complete the National Register Registration Form." Was nngton DC: National Register Brandt, Nationa, ,•,,, I Park Service, US Department of the Interior, 1991. Wltiffen, Marcus. Aurericau ~Ircl:ileclrn•e Srnce 1780. Cantbrid e: MIT Press, 1969. EVALUATOR; Leslie Heuntann DATE OF EVALUATION: January 19, 2001 EXPLANATION DF CODES: • National Re ister Criteria for Evaluation: (From Appendix 7 of Instntctions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or metltad 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 • Nationa_t_Regster„Status Code: (b'rom Appendix 2 of ittstntctions for Recording Historical Resources, Office of Historic Preservation) 1 D: Contributor to a listed district. Page 4 of 4 cmlhistoriclltn~plateslDroadKay 2171,' (Gilmaktr Auto Dldg) 8/8,'f1t MILLS ACT AGREEMENT' 217 N. Bronrirvay SR11lR Allll, 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) Sa~rta Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement"} is made and entered into this J~~ly IG, 201.2 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 Alfonso G, Cordero for Corbiz, LLC, (hereinafter referred to as "Owner"}, owner of real property located at 217 N. Broadway, Santa Ana, California, 92701 in the County of Oz'ange 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 Cade Section 502$0 et seq, (known as the "Mills Act"} to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated st~uctnres and improvements thereon, located at 217 N. Broadway, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by refez'ence, 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 Histaz•ic 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- EXHIBIT 3 MILLS ACT AGRI:EMI;NT 217N. Broadway 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 I of Title 5, Article l2, 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 I.9, Sec. 439 et seq., Chapter 3 Part 2 of Division l 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 July 16, 2012, 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. Standa~•ds and Couditious for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 217N. Brorrdwrry Snrrta Arrn, CA 92701 a. Owner shall maintain the Historic Property in a goad state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its charactez•- 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 ar better condition as documented in Exhibit C. c. A view corridor enabling the general public to see the Historic Property fi'am the public right-of--way shall be maintained, and Owner shall not be permitted to black the view coz•ridor to the property with any new structure, such as walls, fences or slu•zjbbery, 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 stz•ucttzres such as fences, roofs, doors, wails, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, ar fiirnihzre; and other unsightly by decoration, strzrcttu•e or vegetation which is unsightly by z'eason 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 Praper•ty 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 azzd provisions of this Agreement. 4. Furnislriug of Iuformatio~i. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- MILLS ACT AGRLI:ML'NT 217 N, Broadway Sa-r~a A1ra, CA 92701 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Sectian 502$0, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to detez•iorate to the paint that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or z'ehabilitate 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 Sectian 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %} percent by Government Code Section 50286) of the current fair market value of the propez•ty at the time of the cancellation, as determined by the county assessor, witlrout regard to any restriction imposed pursuant to this Agreement. b. If tl~e Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official mare than sixty {60) percent of the original fabric of the strz-eture most be replaced, this Agreement shall be canceled because, in effect, the historic value of the strzzctzzz•e 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 fnzstrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 502$8. 6. Enforcement of Agreement. a. In lieu of andlor in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the tez'ms 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 z•egistered or certifzed mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Sezvices oz• designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may Ue required to cure the breach or default, or default cannot be cured within thirty {30) days {provided that acts to cure the breach or default maybe commenced within thirty (30} days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Ownez• 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 far in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 217 N. Brondway Sa1~ta Ann, 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. Bi~idii~g effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 217 N. Broadway, Assessor Parcel Number, 398-267-02, 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 r«nning with the Land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. Na Compe~~satio~~. 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: Alfonso G. Cordero, Corbiz, LLC 217 N. Broadway Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 2I7 N. Broariivrry SerrPrr Arrrt, 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 ar 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 far daynage far 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 ar 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 offtcials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, ar approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreeme~tt shall be binding upon and shall intu•e 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 an in any manner whatsoever. e. In the event legal proceedings are brought by any party oz• parties to enforce or restrain a violation of any of the covenants, reservations, ar 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 caui~ 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 enfoz'ceability 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 Califor~iia. -~- MILLS ACT AGREEMENT 217 N. Bronfivay Srrsta A1rrr, 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 ofhce of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (G} months of entering into the contract, tl;e owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Ameudmeuts. This Agreement may be amended, in whole or in part, only by a written recorded instrume~it 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 Property 0-vuers: Date: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. VVALTERS City Manager By: _~.. Alfonso G, Cordero MILLS ACT AGREEMENT 2l7 N. Brond-vny Sn-irn Asn, CA 92701 Exhibit A TOWN OF SANTA ANA BLK 5 LOT 7 Assessor Parcel No, 398-2fi7-02 -8- MILLS ACT AGREEMENT 217 N. Broadway Snrrtn Atra, 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: 1. Evety reasonable effort shall be made to provide a compatible use for a p1•opelty which requires minimal alteration of the building, st1•ttcture, or site and its environment, ar to use a property for its originally intended purpose. 2, The distinguishing o1•iginal 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 p05Slble. 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, str<tchire, 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 buildi~tg, 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 Ieplaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of featuues, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements fiom the other buildings or stl~ICtures. 7, The st-rface 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. Contempora-y design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy signifcaltt historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 2l7 N. Broarlivny Srrntrr Arra, CA 92701 size, scale, color, material and character of the property, neighborhood, or environment. 14. Wherever possible, new additions or alterations to strictures 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- .~~:~ ~:~~ ~~~ ~~ ~~ _- ~~ ~ ~- ,` r ~' ~~ ,~` F- x s ..;~..::. _ .i... ~, y ~A~TI~ ~r~~'JI~ ~'~!~~~~~~l~~_, Sat ~~" e a~ Au i ~,raic~:losal i~i9';e t,qt: ~ ~ '~ ~;~ ~ -tom ' ~ Vii: ~t~ ~ ~ ~~E~~u ~~~ ~ ~ a _ i HRCA No. 2012-02 HRC No. 2012-02 June 28, 2012 Page 2 Analysis of the Issues The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code. The first criterion for selection requires that structures be 50 or more years old. As detailed in the following property descriptions, the structures proposed for placement on the Register meet the minimum age criterion. The analysis further indicates the criteria the property meets for consideration of historic designation. No known code violations exist at this property. 2082 North Heliotrope Drive -Lasby House (HRCAIHRC No. 2x12-02). The Lasby House has distinctive architectural features of the CoConial Revival style, and was built in 1940 by prolific builder, Allison Honer. The first owner was Mr. and Mrs. Albert James Lasby. Mr. Lasby worked in the real estate business. Character defining features include of the Lasby House that should be preserved include, but may not be limited to, exterior materials, massing and dormers, original windows where extant, chimney, and front porch configuration {Exhibit 2). It is recommended to be designated to the Santa Ana Register of Historical Properties and categorized as "Contributive", and is a goad example of period architecture. Public Notification The subject site is located within the Floral Park neighborhood. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, Floral Park Neighborhood president was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association president, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project sites. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption will be filed #or this project. ~~ -'~ ~t~_~~ ~ ±i° P ` ~ ~~~ '#. ~~ .~~ 't ~ rte' _ ~~' ~~a~ ~~~;'. ~~~ ~: ~~' .,: _~ :: ~E.. ,. •;~h~r L:~~r~#ia~~la#~: Agst's P~t~et Plum[ "~- ff ,, fern. ~~~ #~~~rs:~ ~^~ _ ~:f a'a~+. ,~ de#ae#€ed nza~s ~~~ ~o ~ rem ~torf~-mf Il~e~3~~3f~s p~'e~e ~~ ge~t~ra~a ~~fs~1 exce~~i et_. _ _ _ , v _`. eSOt~r~ .. Pl'[~'38t~ f ~ ~ ~u~ k~i'~, ©tec€ C~ ~ ~ _ r I4 VVRfr '_~i ~-~'~. qy~ ~" 1~, ~~ ~' =t ~'~~~ . _ ~'~ "~:`. ~;~' e '~ ~ ~, _ .. ~~8 . - _ _ "~~ ~~~ '~ ~~ ~~~ ~_ __ °'~ ; State of Californ€a--The Resources Agency Primary # DEPARTMENT OF PARKS AND RBGREATION IiRi# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 "Ke50UfCe Name ar if: Lasby House B1. Historic Name : Lasby House B2. Common Name: Same B3. Original Use: Single-family Residonce *B5. Architectural Style: Colonial Reviva! B4. Present Use: Single-family Rosidence *Bt3. Construciian History: (Construction date, alterations, and date of alterations): Constructed 9940 March 6, 1940. 7 room residence and garage. $8,000. February 24, 1958. Patio cover for A.J. Lasby by Allison Honer April 14, 1993. Replace guardrail at deck. *B7. Moved? ^No ^Yes ^tJnknown Date: Original Location: *Bt3. Related Features: None. B9a. Architect: Unknown b. Builder: Alison Honer *B1t). Slgnlficance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 Property Type: Single-family Residence Applicable Criteria: CR: 559 {Discuss Importance in terms of historical or architectural context as defined by !hems, period, and geographic scope. Also address Integrity) The Lasby House is architecturally stgni>rcant as a Colonial Revival style of architecture in fhe Floral Park neighborhood. The lot was purchased In 194D from Mr. Honer by Mr. Albert James (A.J.) and Mary Lasby. Mr. Honer also served as contractor for the properly, obtaining permits a month after the sate. Mr. Lasby was a real estate broker and Mary was a housewife. Mr. Lasby passed away in 1945, and Mary continued to live in the home until its sate in 1979 to the Spragues. (See Continuation Sheet 3 of 4.} B11. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana Hisfary Room Collection, Santa Ana Public Library Sanborn Maps (See Gonttnuation Sheet 4 of 4. j 613. Remarks: *B14. Evaluator: Holly 5oboleske *Date of Evaluation: June 06, 2012 (This space reserved for official comments.) DPR 5238 (1195) Sket ch Map y a ' -- o U ..__ ._ - ' ~~ o O '-®' --. - O ~ O ~ ~___ 2fl02 North Heliotrope Dr. 'p : •_ 002-082-06 __ .~ ~ O ~} ,. ~ O - ' ~ -~- ~ . p O ~ - - ... ~,.___ . © - -~ - D ~ .• - . ,..~ -- ttl j~ Required information Page 2 of 3 ,, cre~t~r r`c~t X996.; !,, L ~~ EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 ROH - 06/28/12 RESOLUTION NO. 2012-~;XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-02 TO PLACE THE PROPERTY LOCATED AT 2002 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2012-02 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On June 28, 2012, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2012-02) and categorization (Historic Resources Commission Categorization No. 2012- 02) of the Lasby House, located at 2002 North Heliotrope Drive, Santa Ana. B. The Lasby House is an architecturally significant building built in 1940 by prolific builder Allison Honer in the Colonial Revival style. C. This home qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as Contributive because it is a good example of period architecture. D. Character defining exterior features of the Lasby House that should be preserved include, but may not be limited to, exterior materials, massing and dormers, original windows where extant, chimney, and front porch configuration. E. The legal owners of the subject property are Laszlo and Patricia Biro. F. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. G. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. Resolution No. 2012-XXX Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 H. The subject property meets the minimal standards for placement in the contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2: In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption will be filed for this project. Section 3: The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2012-02 to place the Lasby House, located at 2002 North Heliotrope Drive, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2012-02 placing the Lasby House, located at 2002 North Heliotrope Drive, Santa Ana, within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference. Section 4: For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 28th day of June , 2012. Phillip Schaefer Chairman Resolution No. 2012-XXX Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2012-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on June 28, 2012 . Date: Commission Secretary City of Santa Ana Resolution No. 2012-XXX Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 LEGAL DESCRIPTION APN Address Owner Names Legal Description 002-082-06 2002 North Heliotrope Laszlo and TR 1035 LOT 20 BLK A S Drive Patricia Biro 50FT THEREOF (TR 1010 LOT 16 N 14 FT THEREOF) Exhibit A Resolution No. 2012-XXX Page 4 of 4 ~ ~ 1 ~ .; ~+ ,:_~.e!`~.a=^Y3..~...:,=,m':...emor,+~i's~in.•::w~el.ir --.s.w~ -_ - ~~~ ~~~ r ,. _ ~~ .._ - -, ~~ __ -, . ~, .. .. ~. . . ~~~`~_ ~~ :~, ~tE ~ ~~~ ~~~ ~. ~ ~ ~ ~ rcpt ~.~ -~ ~ ~ __._ . ., .~~~' ~ f ~~ ~• ~~~i fir,. ~ ~ ~P ,.~ -,- HR-2012-01 ~RML June 28, 2012 Page 2 Project ©escription On May 6, 2004, the McGowan House was individually listed on the Santa Ana Register of Historical Properties and categorized as Landmark {Exhibit 2). Mr. and Mrs. Sherman were the owners at that time. Prior to designating the McGowan House, a neighborhood wide survey was performed, and the City nominated severs[ properties to be added to the Santa Ana Register of Historical Properties. Planning staff invited property owners of all eligible sites in the Park Santiago neighborhood to came to a meeting on January 7, 2004 to discuss the possible benefits andlor restrictions of historic designation. This meeting was also advertised in the Neighborhood Newsletter; however, the Sherman's did not attend and did not send a letter in opposition, Additionally, historic designation necessitates a public hearing which entails sending public notice, and notifying the property owners of the potential historic property. Although historic designation does not require owner consent for listing, the Commission has often considered the property owner's wishes in deciding whether or not to list. In this case, the Commission could not have known the owner's wish as no communication was received. The structure was originally built circa 1886 in the Folk Victorian architectural style. In 1938, the heirs of Allen and Lucy McGowan remodeled the front facade of the residence in the Colonial Revival, Classic Box variant while retaining its original Folk Victorian details on the remaining three elevations. The Colonial Revival farmhouse represents the mast popular eclectic architectural home style with numerous variant styles constructed throughout the country from 1876 until the mid-1950`s. The McGowan House's distinctive design features are its rectangular shape, hipped roof with boxed eaves, wide shiplap siding, fluted pilasters, six-overWsix wood windows, asymmetrical recessed entry framed by an unadorned pediment, as well as sidelights and fanlight above the door. A mare recent two-story addition, 1988, combined bedroom/bath and family room expansion with an exterior wood stairwell to the second floor at the rear of the structure. The addition meets the Secretary of the Interior's Standards. Additionally, the applicants have requested approval of Historic Exterior Modification Application No. 2010-03 for exterior modifications to the structure. The McGowan House qualified for the Landmark category for its historic and cultural significance representing the rural farm houses that once dotted the landscape of the Santa Ana Valley. The McGowan House, constructed circa 1886, is presumed to be the first farmhouse built in this area. Mr. and Mrs. McGowan arrived in Santa Ana with their two children from Texas just after 1900, and they began a cattle ranching business because of the large size of their parcel. The property was originally part of the Dericot Tract, surveyed in 1881. This property extended west to Main Street and was eventually bisected by the Southern Pacific Railroad, forcing Mr. McGowan to turn to fruit crops over raising cattle. This was also in keeping with the trend at the time. Mid-century survey maps indicate the Santa Ana Freeway alignment paralleled the railroad right-of--way, further reducing the size of the original ranch acreage. Although the majority of the 20 East Santa Clara households listed in the 1905 city directory were ranchers or orchard owners, few of the original farmhouses in the City's northeast section have survived the residential development surge from 1920 through mid-century. HR-2012-01-RML June 28, 2012 Page 3 Protect Analysis The applicants request to have the McGowan House removed from the Santa Ana Register due to the 1938 alterations made to the home from Victorian style farmhouse to its current Colonial Revival style (Exhibit 3}. The applicants contend that: • The original architectural style of the residence was Folk Victorian. The front elevation of the structure was substantially altered from Victorian to a Colonial Revival style in 1938. • Unaltered Victorian design details and windows are inconsistent with the Colonial Revival architectural style. • During the time the structure was associated with the Santa Ana's rural nature, the home was a Folk Victorian style farmhouse. After a house fire that damaged the home in 2009, the applicants were granted a Certificate of Appropriateness for HEMA-200903 for repairs. In 2010, the applicants were granted a Certificate of Appropriateness for exterior modifcations to the residence which included an elevator, three bathroom windows being replaced by one large one, two new attic dormers on the rear 198$ addition, an extension of an existing balcony. Some portions of the Historic Exterior Modification Application were also denied by the Historic Resources Commission with findings that those proposed alterations did not meet the Secretary of the Interior's Standards for Rehabilitation. These include awrap-around front porch, which although in keeping with the Colonial Revival style, would dramatically alter the appearance of the structure. Also denied were proposed changes to the west elevation including three new roof dormers with single hung windows which would be visible from the right-of-way, as well as the removal of two windows, visible from the right~of-way, to install l=reach doors. The Commission found that these modifications did not meet the Secretary of the Interior's Standards. The applicant has again made a request for the same alterations: new wrap around front porch, replacing two Victorian west-facing windows with French doors, and three new roof dormers on the west side of the residence (HEMA-2010-03). This fact is pertinent because if delisted, the proposed plans will not be reviewed by the Commission but must meet the Citywide Design and Development Guidelines; Residential additions and alterations are to be consistent with the existing architectural style, design details and materials, therefore there is a potential for the structure to be substantially altered on primary elevations. The McGowan House`s historic designation was reviewed for compliance with Chapter 30 of the Santa Ana Municipal Code (SAMC} Criteria of Selection. To be eligible for consideration, a resource must be 50 years old per SAMC 30-2(a). At the time the McGowan house was placed HR-2012-01-RML June 28, 2012 Page 4 on the SARHP in 2005, the Colonial Revival style structure was 119 years old, exceeding the city's basic requirement for designation. Noteworthy is the structure's quality of Victorian workmanship and materials that has enabled the residence to survive approximately 126 years. Placement in the SARHP requires documentation that demonstrates the resource has historic or cultural significance based on the location, design, event, setting, materials andlor association. A resource may have historiclcultural significance because of its connection with a pattern or trend in history. The integrity of a resource is also evaluated to determine if the structure retains enough physical characteristics to convey the historic architectural appearance that existed during the building's period(s) of significance. Based on the evaluation, a resource may be eligible under one of the #ollowing six criteria [SAMC 30-2 (1) through (6)]: 1) Distinguished architectural style or period; 2} Notable works that have influenced architectural development; 3} Rare structures or design; 4) Places or buildings with historical significance; 5} Sites of archaeological importance; and 6) Connection with a business or use once common but now rare. The McGowan House was placed on the SARHP for its architectural style, Criterion One; and its connection with a use that was once common but now rare (agricultural use) Criterion Six. • Santa Ana Register Criterion One [SAMC 30-2 (1)] The integrity of the Victorian design has been affected by the 1938 remodel, but the home retains its cultural and architectural integrity as a rare example of a VictorianlColonial Revival farmhouse through the retention of materials, workmanship and design characteristics. Additionally, the house was designated with these characteristics as the Colonial Revival alterations have achieved significance of their own over time. The State Office of Historic Preservation releases technical bulletins to help guide preservation efforts across the state. The California Office of Historic Preservation Technical Assistance Series Number 6 discusses changes to a resource, and suggests that "alterations over time to a resource or changes in its use may themselves have historical, cultural or architectural significance". • Santa Ana Register Criterion Six [SAMC 30-2 (6}] Historic context represents historic patterns or themes significant to a local area. The McGowan House illustrates the importance of Santa Ana's rural history and aspects of the community's transformation from an agrarian community to suburban society. The McGowan House represents two periods of cultural significance in the history of the Park Santiago H R-2012-01-RML June 28, 2012 Page 5 neighborhood. The Victorian farmhouse is associated with the agricultural period which extended well into the 1920`s when the city began to map Park Santiago's west side street alignments. At that time, ranch and orchard properties dominated the area. Coinciding with the Colonial Revival alterations in 1938, the western half of the Park Santiago transformed with single family residential developments, according to the 1942 Sanborn map. This marks the second period of significance-suburban development. The McGowan farmhouse is one of the first, if not the first residence, of the northeast area of Santa Ana, and is significant for its association with a transition from ranching to agricultural land uses that made a significant contribution to local history, and for its distinctive and unique architectural characteristics. This qualifies the McGowan House for individual eligibility for Iocal historic designation. Subsequently, the structure also qualifies for the California Register based on the California Evaluation Criteria for its association with events #hat have made a significant contribution to the broad patterns of local, California or national history, and the structure's distinctive characteristics of a type, period, region or me#hod of construction. Removal of a property from the Santa Ana Register of Historical Properties also has established criteria. In order to be removed from the Register, one of the following must be true per Section 30- 2.3 of the SAMC: 1) The building, structure, object or site does not meet the criteria for being placed on the city register of historical properties; or 2) Discovery of information subsequent to placement on the register of historical properties regarding the significance of the building, structure, object or site, such that the criteria for placement on the city register of historical properties is not met; or 3) The building, structure, object or site has been substantially damaged or destroyed by a catastrophic event such that it no longer meets the criteria for placement on the city register of historical properties; or 4) There has been a loss of the integrity of the building, structure, object or site, provided the loss of integrity was not the result of any illegal act or willful neglect by the owner or agent of the owner; or 5) The owner proves that helshe would have no economically viable use of the property unless the building, structure, object or site is removed from the register of historic properties. The applicants state that the structure should be removed from the Register based on criteria One and Two. • Santa Ana Register Criterion One [SAMC 30-2.3-1] H R-20'12-01-RML June 2$, 2012 Page 6 The applicant states, via written communication (Exhibit 3}, that the 1938 alterations do not have historic significance, but rather the alterations denigrate the architecture thereby rendering it ineligible for historic designation. As stated above, the City maintains that the Colonial Revival modification was completed over 74 years ago, and that the structures was designated knowing this alteration was in place and still determined it historic. • Santa Ana Register Criterion Two [SAMC 302.3-2] The applicant purports this criteria applicable as the Colonial Revival has "substantially altered" the original Victorian style of the residence, thereby rendering it ineligible for historic designation. The applicant further states that the Colonial Revival modifications are inconsistent with the original Victorian style, and have been altered so that it is no longer architecturally significant. It is agreed that some proportions of Victorian and Colonial Revival are inconsistent. This is especially true of window shape and exterior ornamentation. However, the Commission acknowledged this, and still deemed the structure historic for future protection. Based on the analysis above, it is recommended that the Historic Resources Commission adopt a resolution to deny the proposed removal of the McGowan House from the Santa Ana Register of Historical Properties. CEQA Compliance In accordance with the California Environmental Quality Act, the proposed project has been determined to be a Statutory Exemption per Section 15270 as CEQA does not apply when a public agency rejects or disapproves a project. Should the Commission wish to approve this action and remove this property from the Santa Ana Register of Historical Properties, the Commission would have to find that the original findings were in error, and that the subject site does not meet the criteria for being placed on the city register of historical properties. The de-listing would also potentially trigger further review under CEQA, up to and including the preparation of an Environmental Impact Report. Haliy Sobo ske Associate tanner HS:jm FEs:lhlsloric infol082812l5hermanRemovallirrl2-U1 214E 5anla Clara.hrc Attachments. Exhibit 1 - 500' Radius Map Exhibit 2 -Department of Parks and Recreation Form Exhibit 3 -Applicant`s Request for Removal from the Santa Ana Register of Historical Properties .~ .... _ .K - _ z -- __ _ .. _ _ _ ~ .. ~__... EXECUTIVE SUMMARY MCCOWAN HOUSE 214 East Santa Clara Avenue Santa Ana, CA 92706 NAME McGowan House REF. NO. ADDRESS 214 East Sattta Clara Avenue CITY Santa Ana ZlP 927D6 ORANGE COUNTY YEAR BUILT Circa I$86 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT NIA NEIGI-IBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1, 3 CALIFORNIA ILECISTER STATUS CODE SS3 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHIT'Ii:CTI1RALSTYLEs Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in fire American architectural past. '1'Vhetlter drawing upon Georgian, Federal, or Dutclt Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in compasitiou. Roofs are commonly side-gabled,ltipped, or gambreled, soutetimes accented with dormers. Porches, one or hvo stories itt height, are often included, mostly as central foci! points, and frequently incorporate classical eletuents such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidetigltts, transoms, and fanlights are not uncommon. ~Vindows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending ott location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 32D-326). SUA~IMARY/CONCLUSION: The McGowan House qualifies for listing itt the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distittguisltittg characteristics of the Colonial Revival style, and under Criterion 7, as a building connected with a business or use, agriculture, which was once common and is now rare. Additionally, the house has been categorized as "Landmark" because it "Itas a ltistoricaVettltural significance to the City of Sattta Ana" as a farmhouse surviving from the agricultural era in Santa Atta (Municipal Code, Section 3D-2.2). EXPLANATION OF CODES: • Cafit'ornia Register Criteria for Evaluation: (Front California Office of Historic Preservation, Technical Assistance Series ~€ 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2D01.) 1: It is associated with events that have made a significant cotttributiott to the broad patterns of focal, California, or national history. 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, 2DD3.) SS3: A ears to be individual] ell ible for local listin ar desi nation throe It serve evaluation. EXHIBIT 2 Page 1 of 5 __-_ Stale of California---~-Tho Rosources Agency Primary #1 DEPARTMENT OF PARKS AND RECREATION HRi # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Cvde Reviewer Date Page 1 of 4 Resource names) or number (assigned by recorder) McGowan House P1. Other Identifier: *P2. t,ocatlon: C1Not far Publication ^Unrestricted *a. County Orango County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 214 East Santa Clara Avenue City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number 1103-110-02; DERICOT TR LOT 11 LOT 72 X 200 FT "P3a. Descripfion: (Describe resource and its major elements. include design, materials, condition, alterations, size, setting, and boundaries.) Hidden from the street by a tall hedge, this two-story, Colonial Revival farmhouse occupies a largo parse! that attests to its agricultural origins. The house is sheathed with wide shiplap siding trimmed with comer boards and capped by a hipped roof with boxed eaves. Spanning the lower story fagade, a one-story, hipped roof projection may have been a porch. Offset from center to the west, a recessed entry features sidelights and a fanlight. Fluted pilasters, a plain frieze, a denti! course, and an unadorned pediment frame the opening. The shallow tror7t porch steps, steps to a secondary entry on the east, and an interior chimney are of brick. Windows are six-over-six double-hung sash in type. A porfe cochere extends over the driveway on the east side of the house while a small, one-story wing extends from the west elevation. A two-story building containing the garage and an additional living area is located in the rear of the property. Surrounded by a brick plantor, a mature evergreen free towers over the house. The residence appears to retain substantial integrity to the early part of the twentieth century despito the porch enclosure and a large addition constructed, apparently in the rear, in 1988. *P3b. Resource Attributes: {list attributes and codes) HP2. Single-family Property *P4, Resources Presenf: ^Building ^Structure ^Object ^Sito ^Disirict ^Etement otDistricl ^Other Photo ' ffi ~ ~~ ~- F j 1 4 ~ . F ~¢ ~ } ~ £ t ;,~c~~~~ ~ #a l,~ ,. .. ~~k1 +T[~~ . E'er f .,t l ~, _~ ~`q ~~ ~ ~~ i i n ~ ~ s ~~«. { ~, r ,~~ - ~° ~~, s ~. :~: '~ ~~ ~.. ` ;,t; , ~ ~°--~ 'r ' ~ 1 ~ I* ~? ~ ~ P5b. Photo: (view and date) North and east elevations December 2003 *Pti. Date ConstructedlAge and Sources: ^historic Circa 188ti/Source: Les, 1980. *P7. Owner and Address: Jahn C. and Leslie Sherman 214 East Santa Clara Avenue Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Neumann sort 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: December 31, 2003 *P10. Survey Type: lntensfve Survey Update *P11. Report Citation: {Cite survey report and other sources, or enter "none"} Les, Kathleen. "214 East Santa Clara Avenue." Historic Resources Survey, March 1980. *Attachments: ^None ^Location Map ©Skeich Map ^Continuation Sheet ^Building, Structure, and Ob;oct Record OArchaeological Record ^District Record ^Linear Feature Rocord ©Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Retard ^ Other (list} l7PR 523A [11951 'Required information Page 2 of 5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATfON HRI# BUILDING, STRUCTURE, AND OBJECT RECORD rage ~ of ~ "NRNP Status Code 5S3 'Resource Name or #; McGowan House B1. Historic Name: McGowan Houss 82. Common Name: Same B3. Original Use: Single-family Residence 84. Present Uso: Single-family Residence *85. Architoctural Style: Colonial Revival *86. Construction History: (Construction dale, alterations, and date of alterations): Consfnrcfed circa 1888. January 19, 9938. Alter and repair residence, build garage. September 5, 1975. instal! new siding (building to be used for garage and storage only}. August 18, 1981. Converf 2°d story over garage to living. August 31, 1982. Domestic solar system. (Soo Continuation Sheet 3 of 4.J *B7. Moved? 11No ^Yes ^Unknown Date: Original Location: *B8. Related F'eafuros: Mature Redwood tree in franf yard. B9a. Architect: Unknown b. Builder: Unknown *B1f). Sfgnlflcance: Theme Residential Archifactura Area Santa Ana Period of Significance: circa 188fi-1954 Property Type: Single-family Resldence Applicable Criteria: NR: A, C; CR: 1,3 (Discuss importance in Perms of historical or architecfurai context as defined by theme, period, and geographic scope. Atso address integrity) The McGowan House is hisforica!!y signfTcant as one of the oldest, if not fhe oldest, farmhousss in the Park Santiago neighborhood. It is also archifecfurally notable as an example of a two-story, Colonial Revival styled farmhouss that reflects remodeling during fho early twenfiefh century. The hipped roof and Classical embellishments of fhe house suggest that its original appearance may have been that of fhe °Classic Box" variant of the Colonial Revival. According fo previous research, fhe house was constructed circa 1886 {Les, 1980}. ft can 6e traced back to 1918 in fhe city directories under "214 Fast 5anfa Ctara, "when fhe owner was Lucy McGowan, widow of Allen McGowan, a rancher, who died on November 8, 1997 Earlier listings in fhe directories placed fhe McCowans at 140 East Santa Clara and a nataGan in the 1910-1911 directory (See Canfinuatfon Sheet 3 of 4.J B1 t. Additional Resource Attributes: {t_ist attributes and codes) '`812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps {See Continuation Sheet 3 of 4.) B13. Remarks: *814. Evaluator: Leslre J. Neumann *Date of Evaluation: December 31, 2003 (This space reserved for ofhciaf comments.) Sketch Map McGowan Nouse 214 East Santa Clara Avenue °, UhKlG'U1 ~~ ~~ If '~ 3 \. 4 •I ,~. 1 ;, .I ~t r1„~f9 ;L. r g _~._ ,.af~ r?.?d ~ at. ~ •1,, L' ~ ~ J I V I~PR 523B ('fI95} 'Required information Page 3 of 5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS ANQ RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) McGowan House 'Recorded by Leslie J. Neumann, SA1C 'Date December 3l, 2003 ~ Continuation ^ Update *B6. Construction History (continued): November 9, 1982. Add 3 bedrooms, 3 bathrooms, family room, laundry {980 square feet 15l, 919 square feet 2"d). November 2, 1988. Demo laundry rooms. March 28, 1990. Instal! beam at south side of stairway. March 8, 1991. Add outside emergency stairway. "B10. Significance (continued): indicating that the street had been ro-numbored suggests that fhe two properties, 214 and 140, maybe one and the same. Allen McGowan first appeared at 140 in the 1908-1909 directory; in 1905, he resided at 2377 North Main Street which conceivably also refers to the same property: The eariiest listing in fhe available city directories for 190 is 1909, when N. Phelps, a rancher, and his wife occupied the house. The McGowan House is located in the Park Santiago neighborhood, near fhe present northern cify limits of Sanfa Ana and substantially north of the original city gore. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the easf, North Main Sfreef on fhe west, and the !-5 freeway on the southwest. !n large part [hese boundaries reflect the transportation lines That were constructed towards the end of fhe nineteenth century and at the beginning of the twentieth century, when fhe Pacific Electric interurban railroad ran up Main Street; the Afchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right~f--way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the dty directories listed around twenty households on East Santa Clara, Twentieth Street, "C 5troet' (now North Santiago SfreetJ, North Bush Street and North Main Avenue, the only streets in the area at the time. The easf majority of fhe residents wore ranchers, fay 1991, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list rancher" or fruit grower" as their occupation in the city directories. This pattern of land use was evldenf on the 1912 plat map of the Cfty, which illustrated two smaq, Craftsman era subdivisions along Bush north of Sanfa Clara and on Valencia and Poinsettia south of Twentieth Street, with fhe remaining area divided into larger, agriculture! parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid ouf when the Cily was mapped in 1923. Ranching continued to be fhe most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as pain[ers, electricians, and carpenters made their homes in the wostern half of the neighborhood during fhe 1920s and 1930s. The area also attracted severe! city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenuej, County Supervisor, First District (C. H. Chapman, 2315 North Santiago SlreetJ, County Surveyor (E. H. Irwin, 2907 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1992, when the Sanborn Company first mapped the western half of fho area, most of fhe Lots had Eisen improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent devebpment of the eastern half of the neighborhood and inlill construction in the western half displayed the simplified ranch style that emerged following World War It. The McGowan House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 9, for its representation of the distinguishing characteristics of the Colonial Revive! style, and under Criterion 7, as a 6uifding connected with a business or use, agriculture, which was once common and is now rare. Additionally, the house has been categorized as Landmark" because it "has a historicallcultura! significance fo the Cify of Santa Ana" as a farmhouse surviving from the agricultural era in Santa Ana. Characteristic Colonial Revival features include the nearly symmetrical design, hipped roof and rectangular massing, Classical Revival entry, and six-over-six double-hung sash windows. Character-defining exferior features of the McGowan House that should be preserved include, but may not be limited to: sheathing (siding) and materials (brick); roof configuraflon and detailing; massing; windows and doors; entry; architectural details (comer boards, entry pilasfers and entablature); and mature trees. DPR 523E Page 4 of 5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial rage 4 of 4 Resource rvame or # (ASStgned by recorder] McGowan House 'Recorded by Leslie J. Neumann, SAlC ;Date Decemher3l, 2003 O Continuation ^ Update *B72. References (continued): Harris, Cyri! M. American Architecture: An Illustrated Encvclonedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 9994. McAlester, Virginia and Lee. A fiield Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulle[in 16A. °How fo Complete the National Register Regfsfration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the !n[erior, 1991. Offrce of Historic Preservation. "Instructions for Recording Historical Resources. "Sacramento: March 9995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 19ti9. Santa Ana and Orange County Directories, 9901-1930. Historic Maps, Santa Ana History Room, 1912, ?923, 9932, and 9955. P5a. Photograph DPR 523E Page5of5 .. a .,.~ .... ~.. _ _ ~ . __~__... - n ~ ,, ~ r North elevation, December 201)3. Request for Removal fram the Santa Ana Register of Historical Properties Application Location: 214 F Santa Clara, Santa Ana, California 92706 Since the placement of the McGowan House an the historic register, new photographic evidence has surfaced as to the original architectural style of the McGowan farmhouse in 1886. A photograph of the original house shows that it was originally constructed in the Folk Victorian style. It is believed the home was substantially altered to its current modified Colonial Revival style in 1938. The Falk Victorian style was the most prevalent in the United Sfates from 1879 to 1910, The first Folk Victorian structures appeared in southern California around the mid-18$Os. The spread of Folk Victorian (and other late 19th century styles) was made possible by railroads expanding rota smaller towns and cities. Mass-produced woad features could be transpor#ed quickly and cheaply almost anywhere. Home builders often simply added trim and ornament to traditional folk houses. Older folk homes were often updated with newornamentatio now available everywhere due to pattern books and mass production and sale of wood features. A very common style found intern-of-the-century western towns settled during that time. The McGowan house was originally built as a Folk Victorian, with Italianate inspiration. While lacking the elaborate detail associated wi#h a true Italianate Victorian hame, this home clearly draws inspiration from the asymmetrical massing and low-pitched roof line. ~.. ~r ~ ~~ -, ~~ ~~ ~. ~ i ~~ ~ ~ iTtlli~tlul t ii ~i .~ t ~, ,; IT ~, a ~ l ~~ 1~` I i ~' 1 I ,,~ ?` 1 91 e~y~ 1.* Y~•~1 - ~ , ~~. Yiµ [~'~~ 3 ~lt~; ;i f ~ ~ , { a ~~ ` r _ ~ .~ i ~~ ~ +- Photograph of an Italianate Victorian home 294 East Santa Glara -- circa early 990d`s Folk Victorian elements of the McGowan house include: • Asymmetrical facade • High ceilings and vertical presence • Attenuated columns and pilasters • Tall and narrow windows, with one-over-one or two-over-two configuration + Decorative window crowns and rectangular taps • Relatively restrained, L-shaped parch with spindle work detailing • Rectangular doorways with transom lites and decorative crowns EXHIBIT 3 Page 1 of 4 + Law sloping roof with wide over-hanging eaves • Simpler details and basic, asymmetrical floor plan (as compared to other Victorian styles) From the early 1900's photograph of the McGowan house, it is clear that this residence has not retained the integrity of its original Victorian farmhouse origins. The house has been expanded with a 15t and 2 floor addition, a new roofline constructed, and the front porch was enclosed. Most importantly, however, the front fagade was substantially altered from its original Victorian design to a modified Colonial Revival style. This forced stylistic transformation created a number of inconsistencies. These inconsistencies include: • The verticality of the structure, due to the high Victorian ceilings, is not proportionate with Colonial Revival architecture. • The off-center placement of the main entrance and the asymmetrical window confgurafion are at adds with the Colonial Revival style. Weather drawing upon Georgian, Federal, or Cufch Colonial prototypes, Colonial Reviva! buildings feature rectangular building plan and designs which are usually symmetrical, or of least highly regular and balanced, in composition. (McAlester, 320-326} The one-story hipped roof projection, that was believed to have been a porch, was never a part of the original home. The Porte cochere, referenced in the original historic report, was never a part of the original home. Furthermore, Victorian architectural elements that remain on the house are inconsistent with Colonial Revival. These details include: • Attenuated corner pilaster detailing, pilasters in the Colonial Revival style would have been more substantial in width. • Large boxed eaves • Tall, narrow, ane-over-one Victorian windows on the East and West elevations • Rectangular doorway, with transom lite and decorative crown, on the East Elevation + Victorian box bay on the west elevation Original placement of this home in the Santa Ana Register of Historical Properties was proposed under Criterion 1 for `its representation of the distinguishing characteristics of the Colonial Revival style.' In light of the new photographic evidence, the inconsistencies of the Colonial Revival remodel can naw be fully understood. This is no# a farmhouse that evolved time, but rather one that was substantially, and inconsistently, altered in 1938. This home can no longer be found to "exemplify a particular style or design features," as required under Criterion 1, To continue to list this home in the Santa Ana Register of Historical Properties for its architectural value is misleading, as its current state is not reflective of its 1880s Victorian farmhouse conception. It can no longer be classified as a notable example of a Colonial Revival style. According to the Nation Park Service guidelines on cri#eria for evaluation of a property for design and construction (Criterion C): Page 2 of 4 A property important for illustrating a particular architectural style or construction technique must retain most of the physical features that constitute that style ar technique. A property that has lost same historic materials or details can be eligible if it retains the majority of the features that illustrate its style in terms of the massing, spatial relationships, proportion, pattern of windows and doors, texture of rnalerials, and ornamentation. The property is no# eligible, however, if it retains some basic features conveying massing but has Iost the majority of the features that ante characterized its style. (NPS, Section VIII) The second criterion that was used to categorize khe McCawan home as "t_andmark" was Criterion 7, °Buildings or structures khat were connected with a business or use which was once common, but is now rare." According to the significance report for placement on register, the home "'has a historicaVcultural significance to the City of Santa Ana' as a farmhouse surviving from the agricultural era in Santa Ana." During the time the home was a farmhouse, it existed as a Folk Victorian. The area remained primarily agricultural well into the 1920s. It was an y after the property's agricultural use was abandoned, that the home was substantially altered into its current state of Colonial Revival. According to guidelines published in the National Register Bulletin, the integrity of the house, along with it's relevance fo the agricultural era of Santa Ana, has been compromised by the substantial alterations done in 1938. This finding is based an These numerous excerpts from the National Register Bulletin, "How to Apply the National Register Criteria for Evaluation", Section VIII. How to Evaluate the Integrity of a Property: Integrity is based on significance: why, where, and when a property is ir~ar#ant... Ultimately, the question of integrity is answered by whether or not the property retains the identity for which it is significant. Properties eligible under Criteria A {event)... and C (design} must naE only retain their essential physical features, but the features nest be visible enough to convey their significance. This moans that even ifa property is physically intact ifs lntegrlfy is questionable ifits significant features are concealed under m odern construction. t7EFINING THE ESSENTIAL PHYSICAL FEATURES All properties change over time, It is not necessary for a property to retain ail its historic physical features or characteristics. The property must retain, however, the essential physical features that enable it to convey its historic identity. The essential physical features are those features that define both why a property is significant (Applicable Criteria and Areas of Significance} and when it was significant (Periods of Significance}. They are the features without which a property can no longer be identified as, for instance, a sate 19th century dairy barn or an early 20th century commercial district Criteria for Event Association (Criterion A}: A property that is significant for its historic associ on is eligible if it retains the essential physical features that made up its character or appearance during the period of its association with the important event, historical pattern, or persons}. A properly must retain the key exterior materials dating from the period of its historic significance. If the historic exterior building material is covered by non-historic material (such as modern sidingj, the property can still be eligible if the significant form, features, and detailing are no# obscured. If a property's exterior is covered by anon-historic false-front or curtain wall, the Page 3 of A property wili not qualify under Criteria A, B, or C, because it does not retain the visual quality necessary to convey historic or architecturai significance. Such a property also cannot be considered a contributing element in a historic district, because it does not add to the district's sense of time and place. A basic integrity test for a property associated with an Important event ... is whether a historical contemporary would recognize the property as it exists today. ft is clear from these excerpts, that the historica! integrity of the McGowan farmhouse was lost when the home was altered from i#s original Folk Victorian style in 1938. The historical significance of the home as an early Santa Ana farmhouse is no longer applicable as the renovation -which occurred after its agricuifural use had been abandoned -did "not retain the visual quality necessary to convey historic or architectural significance." From the newly presented photographic evidence, it is clear that even a historical contemporary would not recognize the property as it exists today. Based on the criteria provided by the US Department of the Interior, National Park Services, the McGowan house does not qualify for listing in the Santa Ana Register of Historical Properties. References: McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1884. National Register Bulletin. "How to Apply the National Register Criteria for Evaluation." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1990. Page 4 of 4 ROH - 06/28/12 RESOLUTION NO. 2012-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA DENYING A REQUEST TO REMOVE THE PROPERTY LOCATED AT 214 EAST SANTA CLARA AVENUE IN THE SINGLE FAMILY RESIDENCE ZONING DISTRICT (R1) FROM THE CITY'S HISTORIC LISTING (HISTORIC REMOVAL APPLICATION NO, 2012-01-RML) BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS; Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicants, John and Leslie Sherman, are requesting approval of Historic Register No. 2012-01-RML to remove the McGowan House, located at 214 East Santa Clara Avenue, HRC No. 2004-03 and HRCA No. 2004-03, categorized as Landmark, from the City's Register of Historic Properties. B. On May 6, 2004, the McGowan House was individually listed on the Santa Ana Register of Historical Properties and categorized as Landmark. The structure was originally built circa 1886 in the Folk Victorian architectural style. In 1938, the heirs of Allen McGowan remodeled the front facade of the residence in the Colonial Revival, Classic Box variant while retaining its original Folk Victorian details on the remaining three elevations. Amore recent two-story addition, 1988, combined bedroomlbath and family room expansion with an exterior wood stairwell to the second floor at the rear of the structure. The addition meets the Secretary of the Interior's Standards. C. The McGowan House`s historic designation was reviewed for compliance with Chapter 30 of the Santa Ana Municipal Code (SAMC) Criteria of Selection. To be eligible far consideration, a resource must be 50 years old per SAMC 30-2(a). At the time the McGowan house was placed on the Santa Ana Register of Historic Properties in 2005, the Colonial Revival style structure was 119 years old, exceeding the city`s basic requirement for designation. Noteworthy is the structure's quality of Victorian workmanship and materials that has enabled the residence to survive approximately 126 years. Resolution No. 2012-XXX Page 1 of ~ D. The McGowan House was placed on the Santa Ana Register of Historical Properties for its architectural style, Criterion One, and its connection with a use that was once common but now rare (agricultural use) Criterian Six. E. Santa Ana Register Criterion One [SAMC 30-2 (1 }]: The integrity of the Victorian design has been affected by the 1938 remodel, but the home retains its cultural and architectural integrity as a rare example of a VictorianlColonial Revival farmhouse through the retention of materials, workmanship and design characteristics. Additionally, the house was designated with these characteristics as the Colonial Revival alterations have achieved significance of their own aver time. The State Office of Historic Preservation releases technical bulletins to help guide preservation efforts across the state. The California Office of Historic Preservation Technical Assistance Series Number 6 discusses changes to a resource, and suggests that "alterations over time to a resource or changes in its use may themselves have historical, cultural or architectural significance". F. Santa Ana Register Criterion Six [SAMC 30-2 (6)]: Historic context represents historic patterns or themes significant to a local area. The McGowan House illustrates the importance of Santa Ana's rural history and aspects of the community's transformation from an agrarian community to suburban society. The McGowan House represents two periods of cultural significance in the history of the Park Santiago neighborhood. The Victorian farmhouse is associated with the agricultural period which extended well into the 1920's when the city began to map Park Santiago's west side street alignments. At that time, ranch and orchard properties dominated the area. Coinciding with the Colonial Revival alterations in 1938, the western half of the Park Santiago transformed with single family residential developments, according to the 1942 Sanborn map. This marks the second period of significance- suburban development. The McGowan farmhouse is one of the first, if not the first residence, of the northeast area of Santa Ana, and is significant for its association with a transition from ranching to agricultural land uses that made a significant contribution to local history, and for its distinctive and unique architectural characteristics. This qualifies the McGowan House for individual eligibility for local historic designation. Subsequently, the structure also qualifies for the California Register based on the California Evaluation Criteria for its association with events that have made a significant contribution to the broad patterns of local, California or national history, and the structure's distinctive characteristics of a type, period, region or method of construction. Resolution No. 2012-XXX Page 2 of 4 G. In accordance with the California Environmental Quality Act, the proposed project has been determined to be a Statutory Exemption per Section 15270 as CEQA does not apply when a public agency rejects or disapproves a project. Should the Commission wish to approve this action and remove this property from the Santa Ana Register of Historical Properties, the Commission would have to find that the original findings were in error, and that the subject site does not meet the criteria for being placed on the city register of historical properties. The de-listing would also potentially trigger further review under CEQA, up to and including the preparation of an Environmental Impact Report. Section 2: The Historic Resources Commission of the City of Santa Ana hereby denies the request for removal of the McGowan House located at 214 East Santa Clara Avenue from the City's Register of Historic Places. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. This Resolution shall take effect immediately upon its adoption by the Historic Resources Commission, and the Commission Secretary shall attest to and certify the vote adopting this Resolution. ADOPTED this 28 day of .dune , 2012. Phil Schaeffer Chairman APPROVED AS TO FORM: Sonia R. Carvaiho, City Attorney Ryan O. Hodge Assistant City Attorney AYES: Commission members NOES: Commission members Resolution IVo. 2012-XXX Page 3 of 4 ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINAt,ITY I, MARTHA RAMIREZ, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2012-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on June 28, 2012 . Date: Commission Secretary City of Santa Ana Resolution No. 2f7'i2-XXX Page 4 of 4 ~, ~ ~ 6 .,4 FF 4L ~" i t . _. _ . - . , ; ~ _ .~_ ~ _ _ ~ _ -- ~ ~ ~ ... ~ e~ H~k~c~ ~~r~ ~~n pct ~, €~~ ~ ~~ ~~ ~~ ~~ ~ ~r~ ~ ~~ ~~ ~~, ,€~~~~ ~ ':fit .fit ~_. _ ,_ ~ °. ~~ ~ ~. _ ~~ ~~ ~~€ ~~~2r ~~ ~ as _ _~" ~ - -~ _ ~~i~ ~~~c ~~~~~ ~l~ ~ ~~ a r~~~~~ct€~~a~ far, ~ b~I a''~rer; _- `~~s ~_~ ~~ ~t~ ~~_ ;~~' ~~~w~, -cam. ~. `fie _ ~ . (. r ~- _- _ ~ -~ .. r~~ ~~~ #~t ~a 1~' ~' ~1'~ its ~ ~,~ ~ ~i tE~ ~~~, ~~~~ ~ ~ ~f ~~~;~ ~~ ~x~m~f~ ~f ~ `biro-. HEMA No. 2010-03 June 28, 2012 Page 2 The McGowan House has also been found eligible to be listed on the California Register of Historical Resources as determined in 2004 by a qualified architectural historian and is noted in the Department of Parks and Recreation form record (DPR}. It meets Criterion 1 for association with events that contributed to a broad pattern of local history and Criterion 3 for its distinctive characteristics of a type and period or method of construction. When the property was designated as a historic resource, Mr. and Mrs. Sherman were, and still are, the property owners. Background The Commission approved a HEMA for this residence in January 2010 for alterations to the 1988 rear addition after fire damaged the roof, attic and second floor of the residence, The alterations expanded the kitchen, laundry and powder room on the first floor; master bath and fifth bedroomJbath on the second floor. The conversion of an existing first floor closet into an elevator was also part of the application. Dormers for the southern elevation were approved by the Commission as they do not alter a primary elevation. New windows, matching existing in material, style, and method of operation were also approved. Permits for these improvements were issued on February 12, 2010 and April 7, 2090. The front-facing and western dormers and wrap-around porch were denied as they were found to alter the character defining features on primary elevations (those visible from the right-of-way). Following the Commission's approval of HEMA No. 2009-03, the applicants revised the originally approved plan and added new structural elements for an entirely new request, HEMA No. 2010-03 which again include the dormers, wrap-around porch, replacing a first floor window with French doors and adding a new balcony on the west elevation which also necessitated replacing Victorian windows with French doors. This revised project has been continued until today. In January of 2010, the applicants requested the McGowan House be removed from the Santa Ana Register of Historical Properties. Although the original farmhouse was built in the Folk Victorian style, the 1938 Colonial Revival facade modifications to the Victorian asymmetrical porch created distinctive features that have acquired historic significance on their own merit. The Commission denied this request and cited the property's historic character, as well as its cultural significance as one of the oldest remaining resources connected to the agricultural era in the Park Santiago area. The applicant is currently also requesting for a second time that the property be delisted in a separate action, HR-2012-01-RMt_. Proiect Description The applicants' current proposed exterior modifications to the structure include awrap-around front porch, five new attic dormers with single hung wood windows on the north and west elevations, and replacing first and second floor windows with French doors and construction of a balcony on the west side (Exhibit 3}. HEMA No. 2010-03 June 28, 2012 Page 3 Pro[ect Analysis The McGowan House meets the Santa Ana Municipal Code Chapter 30, Section 30-2, Criteria for Selection and qualifes for the Register of Historic Properties under Criterion 1 for its representation of the distinguishing characteristics of the Colonial Revival style and Criterion T as a building or structure that was connected to a business or use which was once common, but now is rare. In addition to the placement, the farmhouse was categorized as "Landmark" for its historicallcultural significance to the City of Santa Ana as a symbol of the agrarian era in Santa Ana. The structure also meets the criteria for eligibility for inclusion on the California Register of Historical Resources. Character defining features of a historic structure must be retained and preserved according to the California Environmental Quality Act (Section 15064.5(b}, Exhibit 5)). Character defining features of the McGowan House include original fenestration patterns, overall massing and roof configuration as noted in the Department of Parks and Recreation form (DPR} noting this structure's historic significance on primary elevations. Primary elevations, or those visible from the right-of-way, are considered the most significant. Proposed alterations must meet the criteria established by the Secretary of the Interior (Exhibit 4} to prevent potential negative impacts to the resource. Proposed Changes to the North Front Elevation The applicant wishes to have a covered front porch so as to provide an entertaining area for guests, and shade for the front of the house. The owners also believe a front porch will supplement the architectural merit of their home. Primary elevations are the most important to preserve on a historic structure. The McGowan House's facade is substantially intact dating back to 1938, with the western elevation being primarily original to first construction in the 1800`s (Exhibit 6). Although the proposal is attractive and in keeping with the Colonial Revival style, the proposed wrap-around porch would alter the character defining features of the 1938 Colonial Revival front entry, and would alter the symmetrical design of the structure and do not meet the Secretary of the Interior Standards 2, 3, 4, 5, and 9. The existing entry entails sidelights, fanlight, fluted pilasters, and an unadorned pediment, and the prominence of these features would be compromised by the proposal. Per the Secretary of the Interior's Standards, the alteration of features and spaces that characterize a property must be avoided, as well as changes that create a false sense of historical development. Adding conjectural or new features that change the look of the property, such as reconfiguring the front porch, and would have a significant negative effect on this resource. Although the front entry was changed to its current configuration in 1938, changes that have acquired historic significance in their own right, such as the current front entry, shall be retained and preserved in order to meet the Standards. Distinctive features and finishes must be preserved in order to meet these national standards. HEMA No. 2010-03 June 28, 2012 Page 4 It is asserted that the three proposed dormers on this elevatian wau[d also alter the character defining features of the structure (roof configuration) on primary elevations, thereby not in compliance with Standards 2, 3, 4, 5, and 9. The proposed dormers, although offering a practical benefit of providing more light and air into the attic of the building, are also a conjectural architectural feature that create a false sense of historical development and are not recommended. The wrap-around parch and dormers would also substantially alter the character defining features of the Colonial Revival facade, roof configuration, and the original Victorian fenestration pattern, and is considered a negative impact to the resource by providing a false sense of history, and do not meet Standards 2, 3, 4, 5, and 9. Proposed Changes to__the West Elevation The applicant wishes to have a balcony from an upstairs bedroom, as well as an additional entry/exit from the first floor to the front porch. The existing west elevation has a Victorian two-story vertical fagade, and a flat roof window bay with original roof cornice detail, wood siding and original tall rectangular Victorian windows with wood trim. The proposed new construction requires the removal of siding to install the porch roof structure that will extend aver the west elevation. It also necessitates removing the decorative bay roof cornice in order #o install a second floor bedroom balcony with railing. Access to the first floor porch and the balcony require the removal of original Victorian windows to install the new French doors. Additionally, three attic dormers with single hung windows are proposed for this hipped roof elevatian requiring the alteration of portions of the roof structure to construct the dormers. Although the proposed balcony, addition of dormers, and removal of two Victorian windows to install 1=rench doors would be attractive, they have the potential to substantially alter the character defin[ng features of the Colonial Revival facade and primary elevations, and may be considered a negative impact to the resource by providing a false sense of history, and does not meet Standards 2, 3, 4, 5, and 9. Unfortunately, the removal of the Victorian windows and the installation of French doors have already been completed without permit or approval (Exhibit 7) and are in violation of the SAMC. Should the Commission approve this alteration, permits may be retroactively obtained if they meet building code requirements. Should the Commission deny this alteration, the applicant would have to restore the Victorian windows. Conclusion Preservation of character defining features is vital to retaining the identity and integrity of a historic structure. Protecting the overall historic character defining features is the goal of historic designation. The significance of the McGowan farmhouse is based on both its Victorian and HEMA No. 2010-03 June 28, 2012 Page 5 Colonial Revival past and the architecture! elements distinctive to both styles; vertical proportions, recessed parch, architectural details, materials and windows. Using the Secretary of Interior Standards to evaluate the proposed modifications, as well as adding faux architectural elements (porch, dormers and balcony and the removal of Victorian windows}, this proposal is not supported by Standards 2, 3, 5 and 9, In summary, the role of the Historic Resources Commission is to issue a Certificate of Appropriateness upon finding that the proposed modifications do not substantially after the character and integrity of the historic property per Santa Ana Municipal Code Section 30-6, and are consistent with the concepts of the Secretary of the Interior's Standards. Based on the analysis of the proposed porch, balcony, replacement of the Victorian windows with French doors, and attic dormers on the north and west side elevations, staff recommends that the proposed modifications are inconsistent with the Secretary of the Interior Standards, and would compromise the visual appearance and original historic elements of the McGowan House thereby creating a false architectural history. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15331. This Class 31 exemption allows for the maintenance and repair of historic buildings providing such repairs are preformed in a manner consistent with the Secretary of Interior's Standards. The return of the change from windows to French doors meets those standards, and a Notice of Exemption will be filed for the Certificate of Appropriateness. Further, in accordance with the California Environmental Quality Act, the recommended action to deny proposed porch, balcony, replacement of the Victorian windows with French doors, and attic dormers on the north and west side elevations, is exempt from further review pursuant to Section 152T0 states that CEQA does not apply when a project is denied or rejects. Further, since this project, as proposed, would negatively affect a historic resource, an Environmental Impact Report would be required (Section 15064} --Exhibit 8} if the project moved forward. Rally Sobo sloe Associate Planner HS:jm Fls:Hisloric 1nio1062812 HRClhemalo-o3 214 E Sanla Clara.062812.hrc HEMA No. 2410-03 June 28, 2412 Page 6 Attachments: Exhibit 1 - 50d' Radius Map Exhibit 2 -Department of Parks and Recreation Form Exhibit 3 -Proposed Plans Exhibit 4 - Secretary of the Interior`s Standards Exhibit 5 -Section 15d64.5(b) of the California Environmental Quality Act Exhibit 6 -Photograph of the Front Elevation of the Resource Exhibit 7 -Photograph of the West Elevation of the Resource ~~~~L! i~~w~ `~ EXECUTIVE SUMMARY MCC~WAN HOUSE 214 East Santa Clara Avellue Santa Ana, CA 92706 NAME McCo~wan House REF. NO. ADDRESS 2I4 East Sa-tta Clara Avenue CITY Santa A-ta ZIP 92706 ORANGE COUNTY YEAR BUILT Circa 188b LOCAI. REGISTER CATEGORY: La-td-ttark HISTORIC DISTRICT NIA NEIGHBORHOOD Park Santiago CALIFORNIA REGISTER CRITERIA FOR EVALUA'1'10N I, 3 CAI,IFORNiA REGISTER STATUS CODE SS3 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Bout ARCHITECTURAL STYLE: Colonial Revival The -ttost universal of all American domestic building styles, the Colonial Revival has been popular sinec the 1876 Centennial celebratio-t in Philadelphia s#inu-lated a patriotic i-tterest in the America-t architectural past. ~'Vltether drawing upon Georgian, Federal, or bt-tch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually sy-nntetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, (tipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are ofi'e-t included, -nostly as central focal points, and frequently incorporate classical elente-tts such as cola-ttns, pilasters, and entablatures. Doorways are adorned wi#It classical sttrrau-tds and pedime-tts; sidelights, tra-tso-us, and fanlights are not uncommon. 1Vindows are typically double-hung sash, with multiple lights i-t the upper sash. French doors and Palladian windows are also utilized. Dependi-tg on location, Colonial Revival bt-ildings have wood, brick, or stucco exteriors {McAlester, 320-326). SUMA4ARY/CONCLUSION: The McCowatt Hot-se qualifies for listing in fire Santa Ana Register of Historical Properties under Criterions I, for its representation of the distittguisltittg characteristics of the Colonial Revival style, and under Criterion 7, as a building connected with a business or use, agriculture, which was once common and is now rare. Additionally, the house has been categorized as "Landmark" because ik "has a historical/cultural signifies-tce to the City of Santa Ana" as a farmhouse surviving front the agricultural era in Santa A-ta (Municipal Cade, Section 3D-2.2). E~CPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Teclutical Assistance Series tI 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 20D1.) I : It is associated with events that have made a significant contribution to the broad patterns of local, Califor-tia, or national history. 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 S, 20Q3.) 553: Appears to be individually eligible for local listing or designation through survey evaluation. EXH161T 2 Page 1 of 5 State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Other Listings Review Code Reviewer Date Page 1 of q Resource name(s~ or number (assigned by recorder} McGowan House P1. Other Identifier: *P2. Location: ^Nol for Publication wtUnrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Dato: *c. Address 219 East Santa Clara Avenue City Santa Ana Zip 92706 *e. Other Locational Data: Assessors Parcel Number 003-110-02; DERICOT TR LOT 11 LOT 72 X 200 FT *P3a. Description: {t7escrihe resource and its majarelements. Include design, materials, condition, alterations, size, setting, and boundaries.) Hidden from the street by a ta11 hedgo, this two-story, Colonial Revival farmhouse occupies a large parcel that attests to its agricultural origins. The house Is sheathed with wide shlplap siding trimmed with comorboards and capped by a hipped roof with boxed eaves. Spanning the lower story facade, a one-story, hipped roof projection may have been a porch. Offset from center to the west a recessed entry features sidelights and a fanlight. Fluted pilasters, a plain frieze, a dentil course, and an unadorned pediment frame the opening. The shallow front porch steps, steps to a secondary entry on the east, and an Interior chimney are of brick. Windows are six-over six double-hung sash in type. A ports cochere extends over the driveway on the east side of the house while a small, one-story wing extends from the west elevation. A fwa-story building containing the garage and an additional living area is located in the rear of the property. Surrounded by a brick planter, a mature evergreen treo towers over the house. The residence appears to retain substantial integrity to the early part of the twentieth century despite the porch enclosure and a large addition constructed, apparently In [he rear, In 1988. *P3b. Resource Attributes: Gist attributes end codes} HP2. Single-family Property *P4. Resources Present: ^Building ©Structure ©Object ^Site ClDistrict ^Element of District ©Other P5a. Photo fi:~ j ~{ ~ ~ ~~ ~ , , ~ }; ~ - _ ~i3 , f ~ ~ ~ _ ~~I ~~ 1 V a~ ' _. ~ t F. I ~~~~''_ , ._. ~. z K ~°, ( ~ ` ~ t ~~ •'~. ~ ~ t l ~, .f Llr ` ~ ~i r ~~ j ~1 x »a , II , '~ ~ ~~ r ~ _ -_ . ,, -~, t ~ . ,~ r~ ~ " ,~~ P5b. Photo: {view and date} North and east elevations !?ecember 2003 *Pfi. Date ConstructedlAgeond Sources: ~hisloric Circa 188&/Source: Les, 1980. *P7. Owner and Address: John C. and Leslie Sherman 214 Easl Santa Clara Avenue Santa Ana, CA 92706 *PS. Recorded by: Leslie J. Neumann SA1C 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: December 31, 2003 *P10. Survey Type: intensive Survey Update *P11. Roport Cifation: {Cite survey report and other sources, or enter "none"} Les, Kathleen. "214 East Santa Clara Avonue." Historic Resources Survey, March 1980. *Attachments: ©None C]Location Map ^Sketch Map MContinualion Sheet ^Building, Structure, and Object Record ©Archaeologicai Record ^District Record ©Linear Feature Record OMiI_iin_ g Station Record C7RoeIc Art Record ©Artifact Record CJPhotograph Record ©Othor {list) DPR 523A (1135) Page2af5 'Required Information 5tafe of California--The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRFtP Status Code 553 *Resource Name or ~: McGowan Nouse B1. Historic Name: McGowan Nouse 62. Common Name: Same B3. Originai Use: Single-family Residents B4. t'resen! Use: Single-family Residence *B5. Architectural Style: Colonial Revival ~B6. Construction Mistory: (Gonstruciien date, afieralions, and dace of alterations): Constructed circa 1886. January 19, 1938. Actor and repair residence, build garage. Sepfember 5, 1975. Install new siding (building to be used for garage and storage only). August 98, 1989. Convert 2"d story over garage to living. August 31, 1982. Domesticsolarsystem. (See Continuation Sheet 3 of 4.) *B7. Moved? ^No ^Yes ^Unknown Date: Original Location: *BS. Related Features: Mature Redwood tree in front yard. B9a. Architect: Unknown b. Buiider: Unknown ~B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1886-1954 Property Type: Single-family Residence Applicable Criteria: NR: A, C; CR: 1,3 {Discuss importance in terms of historical or architectural context as defined ny theme, period, and geographic scope. Also address integrity) The McGowan Nouse is historically signiflcanf as one of the oldssf, if not the oldest, farmhouses in the Park Santiago neighborhood. It is also architecturally notable as an example of a two-story, Colonial Revival styled farmhouse that reflects remodeling during the early twentisth csnfury. The hipped roof and Classical embellishments of the house suggest that its original appearance may have been that of the °Classic Box" variant of the Colonial Revival. According to previous research, the house was constructed circa 1886 (Les, 1980). It can be traced back to 1918 in the city directories under °214 East Santa Clara," when the owner was Lucy McCawan, widow of A!!en McGowan, a rancher, who died on November 8, 1917 Earlier listings in the directories placed the McCowans at 140 East Santa Clara and a notation in the 1910-1911 directory (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: {List attributes and codes) *B12, References: Gity of Santa Ana Building Permifs Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *814. Evaluator: Leslie J. Neumann *Date of Evaluation: December 3l, 2003 {This space reserved for official comments.) DPR 523B {1195) Sketch Map ..--- . McGowan Flouse 214 1=as! Santa Clara Avenue ~~ 41 ~ ~ ~,. t rs ~,~t. , ~,: .~.~~ t'~ z ;•t.n~ i~. di! aC. ~ FF"•. - ~ L~ 'Required Information Page 3 of 5 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Paae 3 of 4 Resource Name or # fAssianecl by recorder) McGowan House `Recorded by Leslie J. Herrmann, SA1C *Date December 31, 2003 ~ Continuation ~ Update "66. Construction History (continued]; November 4, 1982. Add 3 bedrooms, 3 bathrooms, family room, laundry (480 square feet 15f, 9 i3 square feet 2"d). November 2, 1988. Demo laundry rooms. March 28, 1930. lnsta!! beam at south side of stairway. March $, 1991. Add outside emergency stairway. *B'f0. Significance (continued): indicating that the street had been re-numbered suggests that the two properties, 214 and 940, may be one and the same. Allen McGowan first appeared at 140 in the 1908-9909 directory,' in ?905, he resided at 2377 North Main Sfreet, which conceivably also refers [o the same property. The earnest fisting In the available city directories for 140 is 9901, when H. Phelps, a rancher, and his wife occupied the house. The McGowan House is located in the Park Santiago neighborhood, near the present northern city limifs of Santa Ana and subsfanfially north of the original city core. The neighborhood is bounded by Santiago Creek and Park on the north, Easf Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the t-5 freeway an the southwest. fn large part these boundaries reflect the transportation lines that were constructed towards the end of fhe nineteenth century and at the beginning of tho twontiefh century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa ~e tracks followed Lincoln; and the Southern Pacific Railroad right-of--way mirrored the freeway route. This area remained primarily agricultural watt into the 1920s. As of 9905, the city directories listed around twenty households on t;ast Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only sheets in the area at the time. The vast majori[y of the residenfs were ranchers. By 1919, the number of households had increased to about fhirty, and Iwdgewood Road and Valencia Street had boon partially laid out, but most residents continued to list "rancher" or °fruit grower" as their occupation in the city directories. This pattern of tend use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twenfieth Street with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago 5treef was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been Laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, etectrfcians, and carpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also atfracted several city and county officials, including the City Attorney (z. I3. West, Jr, 321 East Santa Clara Avenue), Counfy Supervisor, First Disfrict (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 Noah Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of fho neighborhood and infill construction in the western half displayed the simplified ranch style thaf emerged following World War 1!. The McGowan House qualities for listing in the Santa Ana Register of Historical Properties under Griferion 1, for ifs representation of the distinguishing characteristics of #ho Colonial Revival style, and under Criterion 7, as a building connected with a business or use, agriculture, which was once common and is now rare. Additionally, the house has been categorized as "Landmark" because it has a historicaUcuRural significance to the City of Santa Ana" as a farmhouse surviving tram the agricultural era in Santa Ana. Characteristic Cotoniaf Revive! features include the nearly symmetrical design, hipped roof and rectangular massing, Classical Revival entry, and six-0ver-six double-hung sash windows. Character~fefining exterior features of the McGowan House thaf should be preserved include, but may not be limited to: sheathing (siding) and mate»a1s (brick); roof configuration and detailing; massing; windows and doors; entry,' architectural defails (comer boards, entry pilasters and entablature); and mature trees. pPR 523E Rage 4 of 5 State of Cal€forn€a-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomia€ Page 4 of 4 Resource Name or # (Assigned by recorder) McGowan House 'Recorded by Leslie J. Neumann, 5A1C "Date December 31, 2003 ~ Continuation ©Update *B12. Roferences (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. McAlesfer, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. °How to Complefe fhe Nafional Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept, of the Inferior, 1991. Of#ce of Historic Preservation. "Instructions for Recording Historical Resources. "Sacramento: March 1995. Whilfen, Marcus. American Architecture Since 1780. Cambridge: M1T Press, 1969. Santa Ana and Orange County Directories, 1901-1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. P5a, Photograph ~ . 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' 3 I A _ 3 i i I ___ .- _ __ ____. __- __ S ' I I I 1 1 I I I I I i I I ~I I I ~ ~ ~ gg $ 0 ~ S ~ b I I ' S1 4 ~._1 ~ I f 1...__ LLI S _.._._,_. i ~ 7 as L s __ kZ _._... ~ kl[ Page 2 of 4 ~ ~ ~ 00 _ F 4 9 ~gS 3? i ~ ~3 5 ~6 ~ ~ z ~~ ~ ~ Y ~ ~ ~ a`~i rl~i Y g ~~ ~ ~ € a 9~ ! ~ a~ ~ ~ s gp ; a 'S ~ ~ ~ 2 ~ `~ ~ ~ ~ ~ ~~ ~~ a?i O ~ ~ ~L]C7000~OC7C] ° C]O O ~ ~ F 6,r ~ i ` E y M 1 AS Ial Oll o 4 I ~gl ~I I it u7 I 3 I ~ I plE ~ ~ I E I t I I AA ~ hAl ~ ~ ~ n tll gix S __ --- ~ 51 2i ~ I ~ I _ _ St 5 _ _ ' _ __ _ _ ___ ~ ~ I f I E f € ® I ~ I I I { I R ,~ I I ~ ~ y I 1 ® 9 m y ~ ~T~ L1~ ~ I . ~ m N i 7 -.:r . ~~ N a u y „ .. : I ~~ ! I N ~ O ~ + ~ ~ o ~ z - s ~ Q d Q~ ~ ~ 1 a i 1 - : 7 -'~: R i 1 ~I tY..' t~ ,4 F" f . I ~ ~ ~ ~ ~' E I I I E I I I ~ . L ~-: I ^ ' ~.. I I - 8 - . I I ~ ~': I I I I. I I 1 I I 1 I , ~ L^J Page 3 of 4 ~N e e ~ NO ~~ ~~~li.f~..~ O ~h =- ~ ® ~~.~ o°~ ~~°° r` ° ~ ® Ill ^~ N ~ ~ {# ~, _ . n. ~ rn~ ~ ¢ .~ Et~~l~~f Q ~ ; s` k ~ ~ ~ S g 6 Y y ~ ~ 4~ ~ ~ ~. ~ § g ~ F ~ Ey g~Fg 3 f ! f 5 Pp 4 ~Y @ yy ~ R ¢YQ y~ 2 Y a ~ ~ q k py~ ~ ~ k' ~ Y O ~ ~ gg z D C ~~ >6~ ~~ $ ~ ' m ii e ~ ~ Urn g ~~ ~ ~ ~ ~~ t'r~ ~ s ~ ~~ 0. Y ~ d .1. 11 .L~AI - .L•At - - - _ - .11.01 ~ Yo- ~ CE ~2c ~ . ` ~ O li ~ s ad © © ®~o ,~ ;; ,~~ ~ a ~~____ o b IE E 4 1 I 11 1 I I 11 If IF_ ~- f 5 1 I 1 1 1 I i __ -- ~ ~~ 1 1 ~ g - _ 0 e s I 3 O r 6 ~I{ 4 Q - w Z $ m ~ w ~ ~ z O ~'' ~ }? w i I I { Q c l i ~ $ c, ~ ~ O (J 111 I~j O LL g 6 - T iq LL ~ a w --- ~ $ f i ~ z a-; --- ~ z > X Ill ` , Ir --~ L z X - - w u~ 1 li Jt.i &£ m C7 Cl ~, c; .L'L .Z'.E .h5 ,ra n' a O a ® 9 i ^°' O h' ~ X ~ ~ 7 " ~ O K ~ O ~ F - il . l ' m m ~ d rc ~ ~ ~ u~ o ~ - ~ o Q m ~ ~ g 0 ~o ON mx ~ 1 __ ~ O ~ N N ~~ j i ~ ~ F i ~ a O W m W - Y -- Z O '_~== __ ' _ f: ^a- .L'.E .Y.S Page 4 of 4 SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION 1. A property will be used as it was historically or be given a new use that requires minima! change to its distinctive materials, features, spaces, and spatial relationships. 2. The historic character of a property will be retained and preserved, The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken. ~. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. 9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the properly and its environment. 10. New additions and adjacent or related new construction will be undertaken in a such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. "Period of significance refers to the span of time during which significant events and activities occurred. Events and associations with historic properties are finite; most properties have a clearly definable period of significance." t1.S. Department of the Interior, National Park Service EXHIBIT 4 Associaliwe of Exvn•orvnenlnl Professiorrnls Z01 Z CEQ,4 Garideliraes 9064.5. DETERMINING THE SIGNIFICANCE OF IMPACTS TO ARCHEOLOGICAL AND HISTORICAL RESOURCES {a) For purposes of this section, the term "historical resources" shall include the following: {1) A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in tite California Register of Historical Resources (Ptrb. Res. Code §5024.1, Title l4 CCR, Section 4850 et seq.). (2) A resource included in a local register of historical resources, as defined in section 5020.1 {k) of the Public Resotrrces Cade or identified as significant in art historical r'esour'ce survey meeting the requirements section 5024.1(g) of the Public Resources Code, shall be presumed to be historically or culturally significant. Public agencies musk treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant. {3} Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the arehitecttn•al, engineering, scientifc, economic, agricultural, educational, social, political, military, or cultural annals of California Wray be considered to be an historical resource, provided the lead agency's determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be "historically significant" if the resource rneets the criteria for listing on the California Register of Historical Resources (Pub. Res. Cade §5024.1, Title 14 CCR, Section 4852) including the following: (A) [s associated with events that Stave made a significant contribution to the broad patterns of California's history and cultural heritage; (B) is associated with the lives of persons irnpor•tant in our past; (C) Embodies the distinctive characteristics of a type, period, region, or rnethad of construction, or represents the work of an important creative individual, or possesses high artistic values; or (i3} Has yielded, or rttay be likely to yield, information important in prehistory or history. {4} The fact titat a r•esottrce is not listed irt, or determined to be eligible for listing irr the California Register of Historical Resotrrces, not included in a local register of historical resources (pursuant to section 5020.1(k) of the Public Resotrrces Code), or identified in an historical resources survey {meeting the criteria in section 5024.1{g) of the Public Resources Code} does not preclude a lead agency from deterrnining that the resource may be an historical r'esour'ce as defined in Public Resources Code sections 5020.1(j) or 5024.1. {b) A project with an effect that may cause a substantial adverse change in tite significance of an historical resource is a project tltak may have a significant effect on the ertvironrrtent. {1) Substantial adverse change in the significance of an historical resource means physical demolition, destruction, relocation, or alteration of the resource or its imrnediate surroundings such that the significance of an historical resource would be materially impaired. (2) 'The significance of an historical resource is materially impaired when a project: (A) Demolishes or materially alters in an adverse manner those physical characteristics of art historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, irtcltrsion in the California Register of Historical Resources; or {B) Demolishes or• materially alters in an adverse manner those physical characteristics that account for its inchrsion in a local register of historical resources ptrrsuartt to section 5020.1{k) of the Public Resources Code or its identification in an itistor•ical resources survey meeting the requirements of section 5024.1(g) of the Public Resources Code, EXHIBIT 5 Page 1 of 2 rlssocintiorr of L;rrriror~rrrerrln! Professionals 2012 CEQA G:ridelirres unless the public agency reviewing the effects of the project establishes by a preponderance of evidence that the resource is not historically or culturally significant; or {C) Demolishes or materially alters in art advet'se manner tltase physical characteristics of a historical resotrrce that convey its historical significance and that justify its eligibility for inclusion itt the California Register of Historical Resottrces as determined by a lead agency for purposes of CEQA. (3} Generally, a project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary of the Interior's Standards far Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grittnner, shall be considered as mitigated to a level of less than a significant impact on the historical resource. {4) A lead agency shall identify potentially feasible measures to mitigate significant adverse changes in the significance of an historical resource. The lead agency shalt ensure that any adopted measures to mitigate or avoid significant adverse changes are fully enforceable through pet'tnit conditions, agreements, or other measures. (5} When a project will affect state-owned historical resources, as described in Public Resources Code Section 5024, attd the lead agency is a state agency, the lead agency shall consult with the State Historic Preservation Officer as provided in Public Resources Code Section 5024.5. Consultation sltottld be coordinated in a timely fashion with the preparation of environmental documents. {c) CEQA applies to effects on archaeological sites. (t) When a project will impact an archaeological site, a lead agency shall first determine whether the site is an historical resource, as defined in subdivision (a). (2) If a lead agency determines that the archaeological site is an historical resource, it shall refer to the provisions of Section 210$4.1 of the Public Resources Code, and this section, Section 1512b.4 of the Guidelines, and the limits contained in Section 21053.2 of the Public Resotu•ces Code do not apply. {3} If an archaeological site does not meet the criteria defined in subdivision {a), but does meet the definition of a unique archeological resotrrce in Section 21083.2 of the Public Resottrces Code, the site shall be treated in accordance with the provisions of section 21D$3.2. The time and cost limitations described in Public Resottrces Code Section 21D$3.2 (o-f) do not apply to surveys attd site evaluation activities intended to determine whether the project location contains unique archaeological resources. {4) If an archaeological resource is neither a unique archaeological nor an historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that bout the resotrrce and the effect on it are noted in the Initial Study at' EIR, if one is prepared to address impacts on outer resources, but they treed not be considered fitrtlter in the CEQA process. {d) When art initial study identifies the eYistettce of, ar the probable likelihood, of Native American human remains within the project, a lead agency shall work whit the appropriate Native Americans as identified by the Native American Heritage Commission as provided in Public Resources Code Section SD97.95. The applicant may develop an agreetttent for treating or disposing of, with appropriate dignity, the Itttman remains and any items associated with Native American burials whit the appropriate Native Americans as identified by the Native American Heritage Catmttission. Action implementing sttclt an agreement is exempt from: (t) The general prohibition on disinterring, disturbing, or removing ]Hunan remains from any location other than a dedicated cemetery (Health and Safety Cocte Section 7050.5). Page 2 of 2 ~Pssociatiorr of L7mirarmre~rta! Professiarmis 2012 CEQA Guidelines (4) A discussion of the ways to mitigate the significant effects identified, if any; (5) Art exarninatiort of whether' the project would be consistent with existing zoning, plans, and other applicable land use controls; (G) The name of the person or persons wlto prepared or participated in the Initial Study. (e) Sirbntission of Data. If the project is to be carried out by a private person or private organization, the Lead Agency may require such person or organization to submit data and infor•rttation which will citable the Lead Agency to prepare tite Initial Study. Any person may submit any infor-rttation in any form to assist a Lead Agency in preparing an Initial Study. (~ Format. Sample forms for art applicant's project description and a review form for use by the lead agency are contained in Appendices G and H. When used together, these forms would meet the requirements for an initial study, provided that the entries on the checklist are briefly eYplairted pursuant to subdivision (d)(3). These forms are only suggested, and public agencies are free to devise their own format far an initial study. A previously prepared EIR may also be used as the initial study for a later project. (g) Consultation. As soon as a Lead Agency Itas determined that an Initial Study will be required far the project, the Lead Agency shall consult informally with all Responsible Agencies and all Trustee Agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or a Negative Declaration sltotrld be prepared. During or immediately after preparation of an Initial Study for a private project, the Lead Agency may consult with the applicant to deterrnitte if ilte applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial St-rdy. Nate: AtIthOl'Ity cited: Section 21083, Public Resources Code; Reference: Sections 21080(e), 21080.1, 21080.3, 21082.1, 21100 and 21151, Public Resources Code; Gentry tr. City of ~lfarr•rleta {1995} 36 Cal.App.4tlt 1359, Sara Jorrc~arift Rnpto!/Il~ildlife Resclre Cejtter' v. Corrrlry of Starrislaars { 1994} 27 CaLApp.4th 713, Leorroff v. llio~aterey Cornrly Boarcl of Strperrisors (I 990) 222 Cal.App.3d 1337. 15064. DETERMINING THE SIGNIFICANCE OF THE ENVIRONMENTAL EFFECTS CAUSED BY A PROJECT (a) Determining whether a project may stave a significant effect plays a critical role in the C)MQA process. (t) if there is substantial evidence, in light of the whole record before a lead agency, that a project may have a significant effect on the environment, the agency shall prepare a draft EIR. (2) When a final EIR identifies one or' more significank effects, the Lead Agency and each Responsible Agency shall make a finding under Section 15091 for each significant effect and may need to make a statement of overriding considerations under Section 15093 for the project. (b) The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. Art ironclad defirtitiort of significant effect is not always possible because the significance of an activity may vary with the setting. I+or' e:cantple, an activity which tnay not be significant in art urban area may be significant in a r~tn~al area. (c) In determining witetlter art effect will be adverse or beneficial, the Lead Agency shall consider the views held by rtterttbers of the public in all areas affected as eYpr~essed in the whole record before the lead agency. Before requiring the preparation of an EIR, the lead Agency must still determine whether environmental change itself might be substantial. EXHIBIT 8 Page 1 of 2 ,~ssocration ojErrs~ironntenta! Professionals 2012 CEQr1 Guidelines {d) In evaluating the significance of ilte environmental effect of a project, the Lead Agency shall consider direct plrysical changes in the ettvir•ortment which may be caused by the project and reasonably foreseeable indirect plrysical changes in the environment which may be caused by the project. (1) A direct physical cltange in the ettvironrttent is a physical change in the environment which is caused by and immediately related to the project. E;~amples of direct physical changes in the environment at•e the dust, noise, and traffic of heavy equipment that would result from construction of a selvage treatrttent plant and possible odors from operation of the plant. {2) An indirect physical cltange in the environment is a physical change in the environment which is not immediately related to the project, but which is caused indirectly by the project. If a direct physical cltange in the environment in turn causes another change in the environment, then the outer change is an indirect physical change in the environment. For example, the construction of a rtew sewage treatment plant Wray facilitate population growth in the service area due to the increase in sewage treatment capacity and may lead to an increase in air pollution. (3) An indirect physical change is to be considered only if that change is a reasonably foreseeable impact which may be caused by the project. A change which is speculative or unlikely to occur is not reasonably foreseeable. (e) Econornic and social changes resulting from a project shall not be treated as significant effects on the environment. Economic or social changes may be used, however, to determine that a physical change shall be regarded as a significant effect on the ertvironmertt. Where a physical change is caused by economic or social effects of a project, the physical change [tray be regarded as a significant effect in the saute tttattrter as arty other plrysical change resulting fi•otn the project. Alternatively, economic and social effects of a physical change may be used to determine that the physical cltange is a significant effect on the environment. If the physical cltange causes adverse econantic or social effects on people, those adverse effects may be used as a factor in determining whether the physical change is significant. l?or example, if a project would cause overcrowding of a public facility and the overcrowding causes an adverse effect on people, the overcrowding would be regarded as a significant effect. (~ The decision as to whether a project may have one or more significant effects shall be based on substantial evidence in the record of the lead agency. {1) If the lead agency determines there is substantial evidence in the record that the project may have a significant effect on the environrttent, the lead agency shall prepare an EIR (Friends of I3 S!t•eet v. City of Ha}~rt~at'd (1980} 106 Ca1.App,3d 988). Said another way, if a lead agency is presented with a fair arguatent that a project may have a significant effect on the envirorunent, the lead agency shall prepare an EIR even though it may also 6e presented with other substantial evidence that the project will not have a significant effect {No Oil, I~rc. v. Cil}~ of Los Angeles (1974) 13 Cal.3d 68). (2} If the lead agency determines there is substantial evidence in the record that the project may have a significant effect on the ertvironrnent brrt the lead agency determines that revisions in the project plans or proposals made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly rto signifcant effect an the environment would occtn• and there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment then a mitigated negative declaration shall be prepared. {3) If the lead agency determines there is rto substantial evidence that the project may have a significant effect ort the envirortrnent, the lead agency shall prepare a negative declaration (Friends ofB Street tr. Cit}~ of Ilayrvard {1950) 106 Ca1,App. 3d 988). Page 2 of 2 ROH -- 06/28/92 RESOLUTION NO. 2012~XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA DENYING A CERTIFICATE OF APPROPRIATENESS FOR THE HISTORIC EXTERIOR MODIFICATION APPLICATION FOR THE PROPERTY LOCATED AT 214 EAST SANTA CLARA AVENUE (HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2010-03} BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS; Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Historic Exterior Modification Application No 2010-03 for awrap-around porch on the north front elevation and west side elevation; French doors and balcony on the west side elevation, and, attic dormers on the north and west elevations, for the property located at 214 East Santa Clara Avenue, historically known as the McGowan House. B. The property was built circa 1886, and was placed on the Santa Ana Register of Historical Properties as a Landmark in 2004. The property is also eligible to be listed on the California Register of Historical Resources as determined in 2004 by a qualified architectural historian, and is noted in the Department of Parks and Recreation form record (DPR}. C. The McGowan House was designated as historic as one of the oldest, if not the oldest farmhouses in the Park Santiago Neighborhood. It is also architecturally notable as an example of a two-story farmhouse that reflects the Colonial Revival style remodel from the early twentieth century. . D. Pursuant to Santa Ana Municipal Code section 30-6, the Historic Resources Commission held a duly noticed public hearing on June 28, 2012, for the request for exterior modifications of the historic McGowan House. (Historic Exterior Modification Application No. 2010-03}. E. Since the property is listed on the Santa Ana Register of Historical Properties, all exterior modifications or alterations are required to meet the Secretary of the Interior's Standards for Rehabilitation. The following Secretary of the Interior's Standards are applicable: 2, 3, 4, b, and 9. Resolution No. 2092-XXX Page 9 of 4 Standard 2 -The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. ii. Standard 3 -Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. iii. Standard 4 -Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. iv. Standard 5 -Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved. v. Standard 9 -- New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize a property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment. F. The applicant wishes to have a covered front porch so as to provide an entertaining area for guests, and shade for the front of the house. However, the proposed wrap-around porch would alter the character defining features of the 1938 Colonial Revival front entry, and would alter the symmetrical design of the structure and do not meet the Secretary of the Interior Standards 2, 3, 4, 5, and 9. G. The three proposed dormers on this elevation would also alter the character defining features of the structure (roof configuration} on primary elevations, thereby not in compliance with Standards 2, 3, 4, 5, and 9. The proposed dormers, although offering a practical benefit of providing more light and air into the attic of the building, are also a conjectural architectural: feature that create a false sense of historical development and are not recommended. H. The proposed balcony, addition of dormers, and removal of two Victorian windows to install French doors have the potential to substantially after the character defining features of the Colonial Revival facade and primary elevations, and may be considered a negative impact to the resource by providing a false sense of history, and does not meet Standards 2, 3, 4, 5, and 9. I. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review pursuant to Section 15331. This Class 31 exemption allows for the maintenance and repair of Resolution No. 20'i2-XXX Page 2 of 4 historic buildings providing such repairs are preformed in a manner consistent with the Secretary of knterior's Standards. The return of the change from windows to French doors meets those standards, and a Notice of Exemption will be fiked far the Certificate of Appropriateness. J. Further, in accordance with the California Environmental Quality Act, the recommended action to deny proposed porch, balcony, replacement of the Victorian windows with French doors, and attic dormers on the north and west side elevations, is exempt from further review pursuant to Section 15270 states that CEQA does not apply when a project is denied or rejects. Further, since this project, as proposed, would negatively affect a historic resource, an Environmental Impact Report would be required (Section 15064) if the project moved forward. Section 2: For the McGowan House, located at 214 East Santa Clara Avenue the Historic Resources Commission of the City of Santa Ana hereby denies the Certificate of Appropriateness for the proposed porch, balcony, replacement of the Victorian windows with French doors, and attic dormers on the north and west side elevations, as they do not meet the Secretary of the Interior`s Standards. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; and the public testimony, ail of which are incorporated herein by this reference. Section 3. Tl~e Commission Secretary shall give direct notice to the applicant of the Commission's decision and these findings. ADOPTED this 28 day of June , 2012. Phil Schaeffer Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney Resolution No. 2012-XXX Page 3 of 4 AYES: Commission members NOES: ABSTAIN: Commission members NOT PRESENT: Commission members Commissian members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2012-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on _June 28 2012 . Date: Commission Secretary City of Santa Ana Resolution No. 2012-XXX Page 4 of 4 ~-, ,~ .... z _. o. ~~~~ ~ ;~. _ •- { - .- .t _ _ ;:,a r~ .,, , - ... i I i~ ~~ wee ~ ~_ __ . ~ ~~ . _ ~~ ~`~~ .: - - _ - ':. ~ ~~ ~.~;. ~_ ~~ ~`~• € ~u ~~ ~ ~ ~~ ~~~r ' ~ ~'. fie ~'~±, ~~ ~~~ ~~~. ~ s '~~ ~~`~: i ti. ~~ ~~~} S~e~ c~ ~i _~~~. t ~ ~ '~¢ :~ ~ ~ ~ ~ ~~~ '~ 'tom ~ "~ . Public Comments for Sexiinger Farmhouse & Orchard June 28, 2012 Page 2 Section 30-7 of the Santa Ana Municipal Code requires a public hearing by the Historic Resources Commission (HRC) to review all applications for demolition permits for historic properties. The formal filing of an Intent to Demolish the historic property initiates a 240-day review period by the HRC. Further, Section 30-7 requires the HRC to investigate all feasible alternatives to demolition, which include, but are not limited to: 1} Seeking private citizens, local trusts, and other financial sources who may be willing to purchase the structure for relocation or restoration; 2) Publicizing the availability of the structure for purchase for restoration or relocation purposes; 3} Exploring possible sites for relocation of the historic building if on-site preservation is not possible; and, 4) Suggesting to the City Council that the city purchase the structure when private preservation or relocation is not feasible. The purpose of this hearing is to allow the Historic Resources Commission an opportunity to receive additional ideas and identify resources that the public might have that would allow for the preservation of the property. In addition, members of the public may also provide alternative development scenarios that can then be studied in the Alternatives section of the Draft EIR that is currently being processed for the proposed TAVA development project. Staff recommends that the Commission select three members to serve as an ad hoc committee in order to compile the information received and then report out to the HRC. Staff will provide administrative support to the ad hoc committee. The report compiled by the Historic Resources Commission will be completely separate from the review of any revisions to the Draft EIR Alternatives section. The revised Draft EIR will have a separate 45-day review period during which time the public may comment on any of the proposed alternative development scenarios. A separate public notification process and public hearing before the Planning Commission will be prepared for the Draft EIR review. Pursuant to SAMC Section 30-7(b) at the conclusion of the 240-day time period, or at the conclusion of the environmental review period, whichever is longer, the demolition permit must be issued. Based on the application date of June 12, 20'12 for the Intent to Demolish, the 240-day time period will end on February 7, 2013. The environmental review period will not end until the Final Environmental Impact Report for the TAVA development project has been certified by the City Council. This cannot occur before the end of the 240 days, but a date for the City Council public hearing to consider the item has not yet been scheduled. Public Comments for Sexlinger Farmhouse & Orchard June 28, 2012 Page 3 RECOMMENDATION Based on this information staff recommends that the Historic Resources Commission: 1. Review the Application of Intent to Demolish the Sexlinger Farmhouse and Orchard. 2. Receive public testimony on alternatives to the demolition of the Sexlinger Farmhouse and Orchard. 3. Appoint an ad hoc subcommittee of the Historic Resources Commission to investigate alternatives to demolition of the Sexlinger Farmhouse and Orchard. -N.. Vince Frego o, ~~ Principal Planner VF:jm vf:IReportsffAVA Intent to ©emo.062612.hrc Attachments: Exhibit 1 -Appeal Application Exhibit 2 -Intent to Demolish Application Planning and Building Agency Planning Division 20 Civic Center Plaza P.O, 6dx 1986 (M-20} Santa Ana, CA 92702 {714} 647-58Q4 APPEAL APPLICATION ::>.. L OWNER/APPLICANT Applicant Save Our Orchard Coalition Full name of Person, Firrr~, or Corporation 296-4642 P.O. Box 10038 g271r ,_,~ (714 ) t~Aailing Address Area Code Phone No. Legal owner Name: Concordia University Irvine Legal Owner Address: 1530 Concordia West, Irvine, CA 92812 Orange Lutheran High School, 2222 Santiago Blvd. Orange, CA 92867 Phone No.: (949 } 854-8002 {714) 998-5#51 Fax: ( lt. PROPERTY INFORMATION Land use Agriculture R1 LR Existin Land Use of Properf andfor Building Zoning District General Plan Designation Location 1584 ~ Santa Clara /venue Tustin Avenue Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS 111. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) We are formaNy challenging the decision of the Santa Ana Historic Resources Commission that denied the listing of the Sexlinger Orange Orchard Complex on the Santa Ana Register of Historical Properties. The following details our challenge. Please see attachment for our detailed argument. Applicant's Signakure: I J Date: /(l~ ~ C/J. ~-- APPEAL APPLICATION NO- .2012" ~ ,,,_, cmtcntr-frmlappeal 5100 EXHIBIT 1 Page 1 of 5 P.®. ~~x 9®®3~, ~an~ ,~rr~, ~, 9~~1~-~0~~ April 16, 2012 Hally Soboleske, Associate Planner Santa Ana Planning & Building Agency 20 Civic Center Plaza,.Ross Annex Santa Ana, CA 92702 RE: Historic Resources Commission Application No. 2012-01 Historic Register Categorization No. 2012-01 For the property located at 1584 E. Santa Clara Avenue Dear Ms. Soboleske, We are formally challenging the decision of the Santa Ana Historic Resources Commission that denied the listing of the Sexlinger Orange Orchard Complex on the Santa Ana Register of Historical Properties. The following details our challenge. The five-acre property, known locally as the Sexlinger Orange Orchard, is one of only a handful of heritage orchards remaining in the County of Orange, according to the OC Weekly {June 24-30, 2011; Vol. 16, No. 43, pp.50-57}. And, of the listed properties, the Sexlinger example is the only orchard that is intact and not a remnant of its original size and composition. This orchard complex, consisting of 230 mature, productive Valencia orange trees and the original residence occupied continuously by the Sexlinger family for 92 years, is the sole remaining archetypal representative of this important historical era in our community. The Sexlinger orchard complex possesses three crucial elements imbedded in any formal evaluation of historical significance: integrity, uniqueness, and representativeness of the resource. The contextual integrity of the property is established through the association between linked features, elements, or activities; in this case, the presence of a heritage orchard (230 trees}, original acreage (1913), original family residence (1914), and continuous family occupancy for nearly a century {92 years). This resource is undoubtedly worthy of our protection and preservation. The city of Santa Ana, in its recommendation that the Historic Resources Commission "adopt a resolution approving the Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01," has recognized the historical significance of the property. This view is explicitly expressed in the historical property's nomination "Executive Summary," {pursuant to Chapter 30 of the City's Municipal Code): Preserving History & Heritage Rroanoting Education & Health Producing rood ~c lobs ro~ww.saveourorchard.org defendourorcltard@grnail.eoan ~vww. faceboo Ic.co rrr/saveou r~archard Page 2 of 5 "The Sexlinger Farmhouse and Orchard is substantially intact as a rurallagricultural landscape with a Craftsman Bungalow and Valencia orchard in proximity. The site as a whole portrays a significant period in Santa Ana's history, and is associated with a business and use that was once common, but is now rare. The site is eligible for the Santa Ana Register of Historical Properties as Key under under criterion 6." It should not be overlooked that whereas all previous listings on the city's Register of Historical Properties (excluding local historic districts) are for single buildings or structures, the 2p~2-41 recommendation acknowledges the importance of contextual and associationa! factors in ascribing "significance" fo historical properties by nominating both the "Sexlinger Farmhouse and Orchard;"and, thereby, would establish a precedent for more inclusive considerafion of historic status in the future. Although the Save Our Orchard Coalition was pleased the city chose to recommend adoption of resolution HRCA No. 2012-01/HRC No. 2012-01, we were nonetheless dismayed with the tone of the oral argument made by the city before the Historic Resources Commission. The presentation itself came across as apologetic and dismissive. It identified and emphasized weaknesses of historic status determination made in earlier drafts of the TAVA-EIR which had subsequently been challenged andlor revised in later versions of the document. Specifically, reference was made to poor condition of the orchard and insignificance of small-family orchard operations to the overall regional citrus industry. Both characterizations have been demonstrated to be factually incorrect, either through expert testimony or re-interpretation of the EIR consultant's own data. As a result, we feel the case for adopting the resolution for listing the Sexlinger Orange Orchard on the city's Register of Historical Properties was weakened from the outset. Our appeal of the HRC denial of the resolution begins with the tenor and attitude reflected above. The following factors ~- each, and in combination -- we believe may have, inappropriately (and in error}, contributed to the decision to deny "historical properties" status. 1. Condition of Orange Trees: The characterization of the orange trees as "dead and dying" has persisted since 2008 when the Discovery Wvrks, loc. "Cultural Resource Study" was drafted in response to the Empire Homes, Inc. proposed housing project. SOOC has consistently challenged this inaccurate and misleading assessment with current photographs of the orchard, invitations for public viewing of the orchard, and through on-site appraisal by regionally- recognized citrus experts. Bob Knight, owner-operator of Old Grove Orange in Mentone, California and Founder and Coordinator of the Inland Orange Conservancy, a fourth generation southern California citrus grower, has observed the Sexlinger Orange Orchard to be in overall "good condition" despite years of neglect (i.e., lack of irrigation, pruning, etc.). Mr. Knight further suggests the orchard is "commercial grade" -- capable of being profitably operated. (Testimony contrary to this evidence was given before the HRC by Lowell and Dwight Schroeder, two brothers who live close to the Sexlinger property and, also, were small-scale commercial citrus growers.) Preserving History & Heritage Promoting I~ducation & Health Promoting food & Gabs Page 3 of 5 2. Contribution of Small. Family-based Citrus Operations: The dismissal of small, family-based citrus growers as having any significance in the local citrus industry has plagued the historical assessment of the Sexlinger property ever since the release of the Discovery Works, Inc. "Cultural Resource Study" (2008}. SOOC, and others, have challenged this erroneous misinterpretation using the EIR consultant's own data. In contrast, it would seem small family-based citrus farms were the core of the local industry: more than 96% of the county's citrus growers had farms of less than 20 acres each, yet produced upwards of 72% of citrus revenues - ca. 1930 (TAVA-DEIR, Section 5.4.3, pp. 5-26). Additionally, the California Fruit Growers Exchange (later to become "Sunkist"} was founded in 1892, specifically, to facilitate the marketing of local citrus crops in southern California by providing picking, packing, and shipping services to the burgeoning numbers of family growers. 3. "Active Participation" of Landowner in Maintaining Historical Property: The commission expressed concern that if the Sexlinger orchard complex were listed as a city historical property it may be subject to "willful neglect" on the part of the landowner, since both Concordia University Irvine and Orange Lutheran High School formally expressed opposition to historical listing of the property. The issue being that although "active participation" is desired there is nothing compelling maintenance or upkeep on the part of the property owner -- thereby, resulting in continued degradation of the resource. Albeit understandable to consider this issue as relevant to the long-term success of the property, it is not a requirement far nomination, or listing: Chapter 30 of the Santa Ana Municipal Code does not reauire_owner consent for designation #o the i t r f Hi ri I Pr rti And, furthermore, if "willful neglect" is in evidence the city has other avenues it can pursue to ensure owner upkeep of the property, including code enforcement measures which have been in force at the subject property for years (e.g., weed abatement}. If the issue of "willful neglect" or purposeful destruction were to become an overriding concern the city could follow the recommendations issued for demolition of historic properties. SAMC-Chapter 30, Section 30-7 states that in cases of "intent to demolish an historic property ... the commission shall investigate all feasible alternatives to demolition" by seeking buyers for the property, including city purchase when feasible. 4. Financial. Impact. of Historic_Preservation on Prooerty Valuation: A number of comments were made, and questions asked, by the commissioners reflecting a concern for the property rights of the owners. The city's recommendation indicates both Lutheran schools "... are opposed to the historic designation of this site" an the grounds that "... preservation of the historic landscape reduces the potential value of the land" (vis-a-vis development). The schools argue ".., it is not economically feasible to operate the orchard ..." siting current zoning and General Pian designation which does not allow commercial operation of the orchard. And, as a result, "... it is very unlikely that we will receive any economically feasible offers to purchase the property." It's clear the schools view the Sexlinger Orchard and Farmhouse as an endowment for their institutions, and it is equally clear that some commission members are sympathetic Preserving liisrory & Heritage Promoting EdncatSon & HeaiEl~ Promoting Food & lobs Page ~ of 5 to this claim. Two commissioners bemoaned the difficult financial position in which many private schools currently find themselves. Be that as it may, financial need is not a criterion for, or against, eligibility, nomination, or listing as a historical property. Frankly, this concern should be irrelevant to the process. It is the contention of the Save Our Orchard Coalition that each of the issues outlined above did contribute inappropriately and/or erroneously to the Historic Resource's Commission decision to deny the resolution approving the listing of the Sexlinger Farmhouse and Orange Orchard to the Santa Ana Register of Historical Properties. We respectfully ask the Santa Ana City Council to reverse this denial. Sincerely, Nick Spain ~annie Gillett Senior Advisor Coordinator Save Our Orchard Coalition Save Our Orchard Coalition Preserving History & Heritage Promoting education & Healti~ Promoting Faod & lobs Page 5 of 5 lone 11, 2012 Ms. i(aren Naiuza, AICP Planning Manager Planning and Building Agency City of Santa Ana P.a. [3ox 1988 Santa Ana, CA 92702 5t1i3lECT: Application of intent to Demolish H€stor€c Property RC: 5exlinger Property, 1584 Cast Santa Clara Avenue Dear Ms. Haluza: °fhe purpose of th€s letter €s to forma~iy notify the City of Santa Ana that it is the intent of the legal properly owners to demolish the residential structure and to ren~ave the existfni; trees. Th€s app€ication notice is provided 1n accordance wikh Secllon 30-7 {a) of the Santa Ana Mun€clpal Code. Also included with the letter are a completed Building Permit Worksheet and a eheclc in the amount of $4ti2,5D, payable to the City of Santa Ana. This amount was provided by Pr€ncipal Planner Vincent C, Fregosa. Your attanEion to this €etter is appreciated. Should you have any questions, please contact our consultant, Rohert Odle, at 714-407.-9237. or odieassociates aol.cam. ' Sincerely, ,~~l.~-~ ~c-E--~ Kevin Tilden Concordia Univers€ty Executive Vice President far Finance Chief Financial Officer F'mmalee Nohie Lutheran High School of orange County Chief Financial Officer Enclosures ~ rc.4r..h~trin[F Wls~•. H[,wru~7hl[ , hurt [. trhw,ttrrif r:rfi;.:11. 1'~7V(t~.~uudo~4Si~t! .,.,[rR,F•(1[I:E'.. asp ~~d~: ~ ~~ EXHIBIT 2 Page 1 of 5 O N N N h tD P ~ r ±' ~ ~ a ~' ~ ~ _ Ll. ~ ~ o N a //~ VJ C r~ m ~ ~ ~ CO ~ ' ~ ~ U ~ . o ~ a i~ Q N O N rn Q U Q Ln L Q~ .~ U 6 N c~ A CCS . ,:.E U ~~ ~ ~_ m .~ W a i U W r N ~. a (,} ~_ ~O 0.. Z U O T Z a d. a z U a i t4 a Y U a O 'a Q ac O ~. 0 W C'! U L2. O 0 N ~} v w o ~ o U o ° g o ~ (~ Q F F ~' ~ c O ~ Q L ~ ~ d L ~+ ~ a ~ ,' , ~ ' O V 0 QS ~ Z Q Q ~ Z ~ ~ .-E ~ ~- ¢ ~ ~ m I1, Boa N ~ N ~ O {0 {a p J ~' ~~ a c~ ~. 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