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HomeMy WebLinkAboutHRC FULL PACKET 2010-10-07CITY OF SANTA ANA HISTORIC RESOURCES COMMISSION MEETING MEETING AGENDA OCTOBER 7, 2010 4:30 P.M. AFTERNOON SESSION PUBLIC HEARING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA VACANT MAYORAL REPRESENTATIVE LAURENCE HITTERDALE WARD 1 REPRESENTATIVE BLAIR O'CALLAGHAN WARD 3 REPRESENTATIVE VACANT WARD 5 REPRESENTATIVE ERICK PLASCENCIA COMM. REDEV. COMMISSION REP. ALFONSO BUSTAMANTE WARD 2 REPRESENTATIVE DONALD ROGERS WARD 4 REPRESENTATIVE VACANT WARD 6 REPRESENTATIVE JAMES GARTNER PLANNING COMMISSION REP. If you need special assistance to participate in this Historic Resources Commission meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647 -5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Planning & Building Agency, 20 Civic Center Plaza (M -20) P.O. Box 1988, Santa Ana, CA 92702 (714) 667 -2700 The Historic Resources Commission Agenda can be found online at http://www.ci.santa- ana.ca.usana.ca.us /pba/ documents /agendahrcpdf /agenda_hrc.pdf CODE OF ETHICS AND CONDUCT The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City's Code can be found on the Clerk of the Council's webpage. The following are the core values expressed: Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency PUBLIC COMMENTS Pursuant to Government Code Sec. 54954.3, the public may address the Commission on any and all matters under the Commission's jurisdiction. To speak, please register by submitting a completed "Request to Speak" form to the Commission Secretary. Speaker forms are available on the speaker's podium and Chamber Lobby. • To speak on an item on the Agenda, enter the Agenda item number on your speaker form. The Chairperson will call your name when that Agenda item is considered. • To speak on an item not on the Agenda, check the Public Comments box on your speaker form. The Chairman will call your name during the Public Comments portion of the meeting. Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. AGENDA INFORMATION The agenda descriptions provide the public with a general summary of the items of business to be considered by the Commission. The Commission is not limited in any way by the "Recommended Action" and may take any action which the council deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. All supporting documentation for this Agenda is available for public review in the Planning Division during the business hours, 8:00 a.m. — 4:00 p.m., Monday through Friday. The Planning Division is located in City Hall, Ross Annex, Second Floor, 20 Civic Center Plaza, Santa Ana, California, telephone number is (714) 667 -2700. The current agenda and previously approved minutes are available online at: http://www.santa-ana.org/city—meetings as well as the Planning and Building Agency homepage for the, http: / / www.santa- ana.org /pba. Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Commission and will be enacted by one motion without discussion unless a member of the Commission "pulls" an item(s) from the consent calendar for a separate vote. Senate Bill 343 - As required by Senate Bill 343, any non - confidential writings or documents provided to a majority of the Commission members regarding any item on this agenda will be made available for public inspection in the Planning and Building Agency during normal business hours. Historic Resources Commission Agenda 2 October 7, 2010 HISTORIC RESOURCES COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA OCTOBER 7, 2010 CALL TO ORDER ROLL CALL 4:30 P.M. PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR A. MINUTES RECOMMENDATION: Approve minutes of the special meeting held on August 12, 2010. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) PROCEDURAL RULES PUBLIC HEARING C. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2010 -04 AND 2010 -06 HISTORIC REGISTER CATEGORIZATION NOS. 2010 -04 AND 2010 -06 (Hally Soboleske) ( 'Continued by Historic Resources Commission: August 12, 2010 to October 7, 2010) Historic Resources Commission Agenda 3 October 7, 2010 1. Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. ADDRESS, STRUCTURE RECOMMENDED NAME CATEGORY' 2127 North Greenleaf Street * * *HRCA 10 -04 /HRC 10 -04 E. B. Smith House Contributive 413 West Santa Clara Avenue Neff House Contributive H RCA 10 -06 /HRC 10 -06 PUBLISHED IN THE ORANGE COUNTY REPORTER: September 27, 2010 PUBLICLY NOTICED: September 27, 2010 RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2010 -04 and Historic Register Categorization No. 2010 -04. 2. Adopt a resolution approving Historic Resources Commission Application No. 2010 -06 and Historic Register Categorization No. 2010 -06. BUSINESS CALENDAR HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -10 (Hally Soboleske) (Continued by Historic Resources Commission: August 12, 2010 to October 7, 20 10) Filed by the City of Santa Ana to execute a historic property preservation agreement with Melvin and Catherine Ladd for the structure located at 2127 North Greenleaf Street (E. B. Smith House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Melvin and Catherine Ladd, property owners, for the structure located at 2127 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. Historic Resources Commission Agenda 4 October 7, 2010 2. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -14 ( Hally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Anthony Michalski for the structure located at 917 North Louise Street (W. P. Heninger House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Anthony Michalski, property owner, for the structure located at 917 North Louise Street subject to non - substantive changes approved by the City Manager and City Attorney. 3. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -15 ( Hally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Gary Regalado and Lisa LaFourcade for the structure located at 2019 North Victoria Drive (Was House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gary Regalado and Lisa LaFourcade, property owner, for the structure located at 2019 North Victoria Drive subject to non - substantive changes approved by the City Manager and City Attorney. 4. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -16 (Rally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Raymond David and Linda Chapel for the structure located at 413 West Santa Clara Avenue (Neff House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Raymond David and Linda Chapel, property owners, for the structure located at 413 West Santa Clara Avenue subject to non - substantive changes approved by the City Manager and City Attorney. Historic Resources Commission Agenda 5 October 7, 2010 5. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -17 (Hally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Ashley Vu and Ninh Vu for the structure located at 1911 North Westwood Avenue (A. T. Bates Ranch House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ashley Vu and Ninh Vu, property owners, for the structure located at 1911 North Westwood Avenue subject to non - substantive changes approved by the City Manager and City Attorney. 6. PUBLIC COMMENTS (items not on the acienda) STAFF AND COMMISSION COMMENTS 7. STAFF COMMENTS 8. HISTORIC RESOURCES COMMISSION COMMENTS 9. EXCUSE OF ABSENCES ADJOURNMENT Historic Resources Commission Agenda 6 October 7, 2010 MINUTES OF THE HISTORIC RESOURCES COMMISSION AGENDA OF THE CITY OF SANTA ANA AUGUST 12, 2010 CALLED TO ORDER: 4:36 P.M. City Hall Council Chamber 22 Civic Center Plaza Santa Ana, California ATTENDANCE: COMMISSIONERS PRESENT: James Gartner Laurence Hitterdale Blair O'Callaghan Erick Plascencia Donald Rogers COMMISSIONERS ABSENT: Alfonso Bustamante STAFF PRESENT: Joseph Fletcher, City Attorney Sergio Klotz, Principal Planner Martha Ramirez, Recording Secretary PLEDGE OF ALLEGIANCE LED BY CHAIRMAN JAMES GARTNER A. ELECTION OF OFFICERS (Continued by Historic Resources Commission: April 1, 2010 to August 12, 2010) RECOMMENDATION: 1. Elect Chair of the Historic Resources Commission for the year 2010 2. Elect Vice Chair of the Historic Resources Commission for the year 2010 MOTION: Chairman Gartner and Vice Chairman Bustamante will preside as officers through 2010. Historic Resources Commission Minutes Page 1 of 7 August 12, 2010 MOTION: Gartner SECOND: O'Callaghan VOTE: AYES: Gartner, Hitterdale, O'Callaghan, Plascencia, Rogers (5) NOES: None (0) ABSENT: Bustamante (1) ABSTAIN: None (0) MOTION: Approve staff recommendations on the following Consent Calendar items. Commissioners Gartner and Rogers abstained on the July 1, 2010 meeting due to their absence. MOTION: Hitterdale SECOND: Rogers VOTE: AYES: Hitterdale, Gartner, O'Callaghan, Plascencia, Rogers (5) NOES: None (0) ABSENT: Bustamante (1) ABSTAIN: None (0) B. MINUTES RECOMMENDED MOTION: Approve minutes of the regular meeting of April 1, 2010 and July 1, 2010. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner O'Callaghan abstained from voting on public hearing items for 2022 North Ross Street (HRCA/HRC 2010 -03) and 2127 North Greenleaf Street (HRCA/HRC 2010 -04) and Business Calendar items E for 2022 North Ross Street (HPPA 2010 -09) and Item F for 2127 North Greenleaf Street (HPPA 2010- 10) as he resides within the 500 foot radius of the properties. City Attorney Fletcher reviewed the radius map for Commissioner O'Callaghan and indicated he resides outside the 500 foot radius for 2022 North Ross Street. Historic Resources Commission Minutes Page 2 of 7 August 12, 2010 PROCEDURAL RULES PUBLIC HEARING D. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2010 -03, 2010- 04 AND 2010 -05 AND HISTORIC REGISTER CATEGORIZATION NOS. 2010- 03, 2010 -04 AND 2010 -05 Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. ADDRESS STRUCTURE RECOMMENDED NAME CATEGORY 2022 North Ross Street Cotton Mather House Contributive HRCA10- 03 /HRC10 -03 2127 North Greenleaf Street E. B. Smith House Contributive HRCA10- 04 /HRC10 -04 917 North Louise Street W. P. Heninger Contributive (HRCA10- 05 /HRC10 -05) House PUBLISHED IN THE ORANGE COUNTY REPORTER: July 30, 2010 PUBLICLY NOTICED: July 30, 2010 RECOMMENDED MOTION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2010 -03 and Historic Register Categorization No. 2010 -03. 2. Adopt a resolution approving Historic Resources Commission Application No. 2010 -04 and Historic Register Categorization No. 2010 -04. 3. Adopt a resolution approving Historic Resources Commission Application No. 2010 -05 and Historic Register Categorization No. 2010 -05. Associate Planner Hally Soboleske presented the staff reports and recommendations. No written communications were received. The public hearing was opened. Applicant Tony Michalski expressed appreciation for consideration of the placement on the Historic Register. The public hearing was closed. ITEMS TAKEN OUT OF ORDER MOTION: Adopt a resolution approving Historic Resources Commission Application No. 2010 -05 and Historic Register Categorization No. 2010 -05 Historic Resources Commission Minutes Page 3 of 7 August 12, 2010 MOTION: O'Callaghan SECOND: Plascencia AYES: Gartner, Hitterdale, O'Callaghan, Plascencia, Rogers (5) NOES: None (0) ABSENT: Bustamante (1) ABSTAIN: None (0) The public hearing was open. No public members spoke. The public hearing was closed. MOTION: Adopt a resolution approving Historic Resources Commission Application No. 2010 -03 and Historic Register Categorization No. 2010 -03 MOTION: Rogers SECOND: Hitterdale AYES: Gartner, Hitterdale, O'Callaghan, Plascencia, Rogers (5) NOES: None (0) ABSENT: Bustamante (1) ABSTAIN: None (0) MOTION: Due to lack of quorum with Commissioner Bustamante's absence and Commissioner O'Callaghan's abstention, Historic Resources Commission Application No. 2010 -04 and Historic Register Categorization No. 2010 -04 were continued to the public hearing on October 7, 2010 MOTION: Gartner SECOND: Hitterdale AYES: Gartner, Hitterdale, Plascencia, Rogers (4) NOES: None (0) ABSENT: Bustamante (1) ABSTAIN: O'Callaghan (1) BUSINESS CALENDAR MOTION: Approve staff recommendations on the following Business Calendar items E (HPPA 2010 -09), G (HPPA 2010 -11), H (HPPA 2010 -12), and I (HPPA 2010- 13) MOTION: Rogers SECOND: Plascencia AYES: Gartner, Hitterdale, O'Callaghan, Plascencia, Rogers (5) NOES: None (0) ABSENT: Bustamante (1) ABSTAIN: None (0) Historic Resources Commission Minutes Page 4 of 7 August 12, 2010 E. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -09 Filed by the City of Santa Ana, to execute a historic property preservation agreement with Donald and Joanne Payne for the structure at 2022 North Ross Street (Cotton Mather House). RECOMMENDED MOTION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Donald and Joanne Payne, property owners, for the structure located at 2022 North Ross Street subject to non - substantive changes approved by the City Manager and City Attorney. G. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -11 Filed by the City of Santa Ana to execute a historic property preservation agreement with Stephanie Stephens for the structure at 2003 North Ross Street (Frandson House). RECOMMENDED MOTION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Stephanie Stephens, property owner, for the structure located at 2003 North Ross Street subject to non - substantive changes approved by the City Manager and City Attorney. H. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -12 Filed by the City of Santa Ana to execute a historic property preservation agreement with Gumm & Livingston Investments, a General Partnership, for the structure at 225 North Broadway (The Pacific Building). RECOMMENDED MOTION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gumm and Livingston Investments, a General Partnership organized in California, property owner, for the structure located at 225 North Broadway subject to non - substantive changes approved by the City Manager and City Attorney. Historic Resources Commission Minutes Page 5 of 7 August 12, 2010 HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -13 Filed by the City of Santa Ana to execute a historic property preservation agreement with Armin Schwegler for the structure at 602 South Broadway (Fipps -Fink House). RECOMMENDED MOTION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Armin Schwegler, property owner, for the structure located at 602 South Broadway subject to non - substantive changes approved by the City Manager and City Attorney. ITEM TAKEN OUT OF ORDER F. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -10 Filed by the City of Santa Ana to execute a historic property preservation agreement with Melvin and Catherine Ladd for the structure at 2127 North Greenleaf Street (E. B. Smith House). RECOMMENDED MOTION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Melvin and Catherine Ladd, property owners, for the structure located at 2127 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Due to lack of quorum with Commissioner Bustamante's absence and Commissioner O'Callaghan's abstention, Historic Preservation Property Agreement No. 2010 -10 was continued to October 7, 2010 MOTION: Rogers SECOND: Plascencia AYES: Gartner, Hitterdale, Plascencia, Rogers (4) NOES: None (0) ABSENT: Bustamante (1) ABSTAIN: O'Callaghan (1) 1. PUBLIC COMMENTS (items not on the agenda) No public members spoke. Historic Resources Commission Minutes Page 6 of 7 August 12, 2010 STAFF AND COMMISSION COMMENTS 2. STAFF COMMENTS No comments were made. 3. HISTORIC RESOURCES COMMISSION COMMENTS Commissioner O'Callaghan • Recommended letter to mayor and council members to fill vacancies 4. EXCUSE OF ABSENCES Chairman Gartner made a motion to excuse the absence of Commissioner Bustamante; the motion was seconded by Commissioner O'Callaghan and unanimously approved by the Commission by a vote of 5:0. ADJOURNMENT 5:02 P.M. MR Historic Resources Commission Minutes Page 7 of 7 August 12, 2010 REQUEST FOR MIT MZ77771 «- • If III ti- • i• OCTOBER 7, 2010 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2010 -04 AND 2010 -06; AND HISTORIC REGISTER CATEGORIZATION NOS. 2010 -04 AND 2010 -06 Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION ■ A •.:I . LI i u X17 �. ► ` �•! :� � 1 :� � APPROVED ❑ As Recommended • As Amended • Set Public Hearing For CONTINUED TO 14LA—� 0 Planning ManageW Adopt a resolution approving Historic Resources Commission Application No. 2010 -04 and Historic Register Categorization No. 2010 -04. 2. Adopt a resolution approving Historic Resources Commission Application No. 2010 -06 and Historic Register Categorization No. 2010 -06. DISCUSSION Request of Applicant This request is for two structures to be designated to the Santa Ana Register of Historical Properties (Exhibit 1). The applicants are the homeowners: Mel and Catherine Ladd at 2127 North Greenleaf Street; and Raymond David and Linda Chapel at 413 West Santa Clara Avenue. No known code violations exist at either of these properties. Historic Resources Commission Application No. 2010 -04 and Historic Register Categorization No. 2010 -04 were continued to October 7, 2010 due to a lack of quorum at the July 1, 2010 and August 12, 2010 Historic Resources Commission meetings. Analysis of the Issues The structures identified meet 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 each property meets for consideration of historic designation. C HRCA Nos. 2010 -04 and 2010 -06 HRC Nos. 2010 -04 and 2010 -06 October 7, 2010 Page 2 2127 North Greenleaf Street — E.B. Smith House (HRCA/HRC No. 2010 -04). The E.B. Smith House is an architecturally significant building constructed in 1927 and is a Tudor Revival style. Character defining features include high pitched front facing gable, rolled roof edges, smooth stucco finish, original wood windows, and arched porch entry. It is recommended to be categorized as Contributive because it "is a good example of period architecture" and "contributes to the overall character and history" of historically significant Floral Park (Exhibit 2). 413 West Santa Clara Avenue — Neff House (HRCA/HRC No. 2010 -06). The Neff House is an architecturally significant building built in 1929 in the Spanish Colonial Revival style. Character defining features of the Neff House include low pitched front facing gable, clay tube attic vents, front porch, and original windows. It is recommended to be categorized as Contributive because it "is a good example of period architecture" and "contributes to the overall character and history" of historically significant Floral Park (Exhibit 3). 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 for this project. / PV f a see, . -- VA 11anner HS:jm hs \Historic Info \100710HRC \hrca.hrcl0- 04&06.hrc H RCIH RCA - 2010 -04 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY EXHIBIT 1 Page I of 2 bAN [A LAR 222 7.'. d 9 711.r 227E 1 l!111K 7,214 ?� rs •y1, yM1.i .210 2212 -- X730 _ 'u! , h 271,9 1107 1 2206 47 w 2205 27115 221x7 0 7204 u - 2304 2203 ua 4 Y :20A j 2J44 L41 UJ 2163 2146 — 213 77[1 2l�f(, Sy Zld1 2 "2S 2134 70-5 2126 ?131 -,139 2130 7,31 2130 21 ?di9 ?d33 2126 21.7'7 UP -120 2128 21 alar 2 ;�2cr 2120 7175 21111 2116 2#1A 2117 2112 3! 2121 2112 l.,d r .Y 21 2108 06 2r r3�3 21 17 ?.1 Jaf "' 210.1 31,0 . 2104 7$07 71[37 7a 7x� �i14! 7048 2044 2183 2102 2103 2042 204 3dlZJ f ' 4 2040 204? 7.762 7043 ?a36 21p11 2035 2061 2t33�i 203 lt;! '0!•• TQ 2 2036 : 29 F-.- I ;0'a 2G9 t3 1 � -1,06 20,77 2077 2031 500' RADIUS H RCIH RCA - 2010 -04 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY EXHIBIT 1 Page I of 2 NORTH PARK 6LW M�7� c, zJii 237 m ?7137 Y �5 Y '9 C> SJ , . �n rn rn » In y r Li T2 H I 19 •i V 2215 2226 221a V 1 �r �� ti r`q 221.2" i ♦ l� F 2203 22U7 2p5 F .3NNIE BRAE aim! Z. 3 °Y til y� .y `�,.• tr 22.x? 1 N ��'• Lys* LLB! 2J45 2141 2 .134 2 . °;. 3139 21311 214+ i. LA '9 C> SJ , . �n rn rn » In y r Li T2 H I 19 2215 2226 221a 2215 zz11 221.2" 2�1G F 2203 22U7 2p5 2210 Z. 3 LU y� 22.x? 1 l2i;W LLB! 2J45 2141 2 .134 2 . °;. 3139 21311 214+ 500' RADIUS W, H RCIH RCA - 2010 -06 413 West Santa Clara Avenue PLANNING AND BUILDING AGENCY Page 2 of 2 tl41 l' f EXECUTIVE SUMMARY E.B. SMITH HOUSE 2127 North Greenleaf Street Santa Ana, CA 92706 NAME E.B. Smith House REF. NO. ADDRESS 2127 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half- timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 191h century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY /CONCLUSION: The E.B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary HRI # Trinomial NRHP Status Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) E.B. Smith House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2127 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002- 112 -35 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth finish stucco, with a cross gabled roof, The E. B. Smith House is a single story home in a Tudor Revival style of architecture. The steep front gable with composition shingle with rolled edges and remaining roof is clad with composition shingle to match. The front facing gable is pierced by a nondescript rectangular attic vent. The front porch is wrapped by two wide stucco pilasters with a stuccoed pony wall in between. The south facing porch entry has a narrow, arched opening. The front facing window (west) is a wood tripartite window with wood screens and a nonotiginal canvas canopy covering the top. Another front facing window is a tripartite bow window gracing the front porch area towards the front yard. Porch flooring is concrete. Two steps lead to the front entry underneath the arched opening. Other windows on the building are single hung wood with wood sills and are sans trim. A nondescript detached garage sits to the rear of the south side of the prope1 ty- *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East facing elevation Milling Station Record []Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 5 March 2010 *P6. Date Constructed /Age and Sources: ■historic 1927 10ty of Santa Ana Building Permits *P7. Owner and Address: Melvin and Katherine Ladd 2127 North Greenleaf Street Santa Ana, CA 92706 *P$. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2010 *P10. Survey Type: Intensive Survey Update *P71. Report Citation: (Cite survey report and other sources, or enter "none ") None. *Attachments: ❑None ❑Location Map ❑ Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑ *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: E.B. Smith House B1. Historic Name E.B. Smith House B2. Common Name: Same B3. Original Use: Single- family Residence *B5. Architectural Style: Tudor Revival B4. Present Use: Single- family Residence *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 April 21, 1927. Residence and garage. $4,000. February 2, 1942. Reroof by Pan Roofing Co. $375.00. July 9, 1945. One fixture for E.B. Smith by United Plumbing. $75. August 28, 1962. Grove electric. Relocate meter. (August 29, 1962). November 10, 1988. Aluminum patio enclosure and fixtures. April, 9, 1990. Reroof. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single- family Residence Applicable Criteria: NR: Z; CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The E.B. Smith House is architecturally significant as a Tudor Revival style of architecture in the Floral Park neighborhood. It was built in 1927, but completed in 1928. The first owners were E. Bradley and Flora Smith. Mr. Smith was a local proprietor of the Smith Pump Equipment Company, and he ran the company until 1940. The Smiths lived in the home until at least 1956, where city records indicate that ownership shifted after that year. The home has been restored by Melvin and Katherine Ladd. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Hally Soboleske *Date of Evaluation: May 24, 2010 DPR 523B (1/95) (This space reserved for official comments.) Page 3 of 5 Sketch Map 1 X 2127 North Greenleaf St. O 002 - 112 -35 �e O O © *Required information = O •� O State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House *Recorded by Hally Soboleske *B10. Significance (continued): *Date May 24, 2010 IM Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The E.B. Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco- styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The E.B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the Tudor Revival style in the Floral Park neighborhood, `is a good example of period architecture ", as well as its association with E. B. Smith, long term owner and proprietor of the Smith Pump Company located in Santa Ana. Character - defining exterior features of the E.B. Smith House that should be preserved include, but may not be limited to, rolled roofing edges, smooth stucco exterior cladding, original windows where extant, and front porch configuration. Page 4 of 5 DPR 523L State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House *Recorded by Hally Soboleske *Date May 24, 2010 0 Continuation ❑ Update 1312. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources. " Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County. Califomia, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Alison Honer Dies at 84, " The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park." httA:/ /www.floral- park.com/page2.htm1. Santa Ana and Orange County Directories, 1937 -1978. Page 5 of 5 DPR 523 EXECUTIVE SUMMARY NEFF HOUSE 413 West Santa Clara Avenue Santa Ana, CA 92706 NAME Neff House REF. NO. ADDRESS 413 West Santa Clara Ave. CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The Neff House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial Revival. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, and scale. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Floral Park, and, as an intact and representative example of the Spanish Colonial Revival, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 3 Page 1 of 4 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code_ Other Listings _ Review Code Reviewer Date Pacie 1 of 3 Resource name(s) or number (assigned by recorder) Neff House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 413 West Santa Clara Ave. City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's parcel Number 002 - 123 -21 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This Spanish Colonial Revival styled residence is single story with a smooth stucco finish, and a front facing gable and a low pitched clay barrel tiled roof. The front facing gable is pierced by six clay tubes for venting, and the attached concrete porch is supported by two 6" x 6" wooden posts. Each post has a broad, but simple, triangular capital. A stuccoed chimney is located on the east side of the residence. The front facing bay is pierced by a tripartite wood window with a fixed center and a narrow casement window on either side. Each casement window has three lights. The window is flanked by nonoriginal wooden shutters, each with a circular metal pull in the center. The front entry door appears original and is located perpendicular to the front bay. It is composed of rectangular, hea vy wood planks with a rectangular window piercing the upper portion. The door window is covered with curving wrought iron. It is hung with heavy metal hinges. A small wood fixed window is immediately left of the entry door. This window is covered with a curvilinear grill which matches that on the front door. The other front facing window is comprised of wood casement windows with three lights. It is also flanked by nonoriginal shutters that match the others. Other windows on the house are single hung wood windows with a simple lambstongue feature. Many of these windows are adorned with awnngs and spear shaped supports. The well -kept yard is landscaped with native California plants, and a Spanish fountain near the front porch. A new gate with rectangular pilasters leads to the walkway which leads to the front porch. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other rnrensive aurvey upoare P5b. Photo: (view and date) South facing elevation September 2010 *P6. Date Constructed /Age and Sources: ■historic 1929 /Source: City of Santa Ana Building Permit *P7. Owner and Address: R. David and Linda Chapel 421 W Santa Clara Ave. Santa Ana, CA 92706 *P8. Recorded by: Nally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: September 9, 2010 *P10. Survey Type: *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. *Attachments: ❑None I7Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 4 *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Paae 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Neff House B1. Historic Name: Neff House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family residence *135. Architectural Style: Spanish Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929 August 1, 1929. Residence and garage. $4,500. April 1. 1933. Alterations. April 10, 1933. Rebuild fireplace chimney. July 8, 1939. Termite treatment. December 12, 1940. Reroof. January 16, 1951. Reroof for Paul Neff by Holmes Roofing Co. November 5, 1951. Add shower room. November 14, 1051. 1 circuit, 3 outlets, one space heater for Paul Neff by Gilber & Steams. May 11, 1953. 1 fixture for P. Neff by N. R. Soucie. $125. May 25, 1967. Water heater. January 26, 1984. Reroof. *137. Moved? ■No ❑Yes ❑Unknown *138. Related Features: B9a. Architect: Unknown Date: Original Location: b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single - family Residence Applicable Criteria: NR: X, CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Neff House is architecturally significant as a characteristic example of the revival styled homes built along the streets of the Floral Park neighborhood during its most characteristic phase of development. According to City building permit records, the house and garage were built for Paul W. Neff, and his wife Katherine, in 1929. Mr. Neff was a reporter for the Santa Ana Daily Evening Register, an early precursor to the Orange County Register newspaper. He worked himself from reporter to Associate Editor. Neff remained in the newspaper's employee until R. C. Hoiles purchased the company and took the reins of the editorial department. Although Neff continued to live at 413 West Santa Clara, he began work at Northwestem Mutual Life Insurance Company. By 1938, he had taken a job with Prudential Life Insurance which was located in the Builder's Exchange Building at 200 North Main Street, and where he worked until at least 1941. City directories indicate that he accepted a position with Firestone Rubber Company in Los Angeles where he worked until at least 1956, when he moved out of the home, and the Paquette family moved into the residence. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Hally Soboleske (This space reserved for official comments.) *Date of Evaluation: May 25, 2010 Sketch Map ��j i Y s� a � M�0 OO. IL 413 W. Santa Clan 002 - 123 -21 DPR 523B (1195) Page 3 of 4 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Neff House *Recorded by Hally Soboleske *Date September 9, 2010 0 Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Neff House is is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Neff House qualities for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" as well as its association with Paul W. Neff, long term owner and reportededitor for the Santa Ana Daily Evening Register, a precursor to the Orange Counc Register located in Santa Ana. Character - defining exterior features of the Neff House that should be preserved include, but may not be limited to, smooth stucco exterior cladding, original windows where extant, front door, and front poach configuration. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date. Santa Ana and Orange County Directories, 1924 -1935. Page 4 of 4 DPR 523L REQUEST FOR HisWm Resources Commission Action OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -10 FOR THE PROPERTY LOCATED AT 2127 NORTH GREENLEAF STREET Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION • , • w Zi APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO KAA1.4.6- or-y�� Planning Man4& Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Melvin and Catherine Ladd, property owners, for the structure located at 2127 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Melvin and Catherine Ladd, request the approval of Historic Property Preservation Agreement No. 2010 -10 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Tudor Revival styled residence located at 2127 North Greenleaf Street and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. "fhe agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. ,l HPPA No. 2010 -10 October 7, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the E.B. Smith House and categorized as Contributive in July 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not limited to, the following: Reduced property tax to allow reinvestment for the long terra preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. Hally Sobo1JKke Associate Planner HS: jm hs\historic info\mills act agreements\ 2127_ N _Greenleaf\hppa10- 10.100710.hrc J UNK 214 1 0- 0 .?t3 2201 w x 2123 2126 '119 2120 It15 :-,,1, J1 {)9 ?1(",q -7111} rd ?230 2002 m 222.E m ,r „ "s 1 � 41 M5 cr'. Me tl y 22 "i g a ?a7 2214 'S `t1 1210, x1J2 7209 2 ?O 121111 1208 LL 2205 &n ' H z2v3 22'4 2,204 3 2201 11M w ?2 W ;!f45 2)+10 2139 2140 2141 2134 21.3.5 2134 �r 2130 2r3i 21.30 ;133 2126 2127 2128 212.4 2120 7125 21111 2r 17 2112 f21 2112 Iris 21011 117 ,2111 1104 10 2(018 210'9 2107 204. 2103 2102 2103 20441 2045 2042 204.3 26sf =041 20313 2041 24932 ;1033 7034 2c137 eW6 2Q27 771, 1073 202,s x'112! 500' RADIUS H P PA_2 010 -10 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY EXHIBIT 1 0 X21 r1 xxcw S 2r32 "t0 2121 ,11 ■ 2 2e}? 5 202$ EXECUTIVE SUMMARY E.B. SMITH HOUSE 2127 North Greenleaf Street Santa Ana, CA 92706 NAME E.B. Smith House REF. NO. ADDRESS 2127 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive ----THISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication M Unrestricted ❑ Prehistoric M Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half- timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY /CONCLUSION: The E.B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer_ Date Page 1 of 4 Resource name(s) or number (assigned by recorder) E.B. Smith House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted #a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2127 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 112 -35 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth finish stucco, with a cross gabled roof, The E.B. Smith House is a single story home in a Tudor Revival style of architecture. The steep front gable with composition shingle with rolled edges and remaining roof is clad with composition shingle to match. The front facing gable is pierced by a nondescript rectangular attic vent. The front porch is wrapped by two wide stucco pilasters with a stuccoed pony wall in between. The south facing porch entry has a narrow, arched opening. The front facing window (west) is a wood tripartite window with wood screens and a nonoriginal canvas canopy covering the top. Another front facing window is a tripartite bow window gracing the front porch area towards the front yard. Porch flooring is concrete. Two steps lead to the front entry underneath the arched opening. Other windows on the building are single hung wood with wood sills and are sans trim. A nondescript detached garage sits to the rear of the south side of the property. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: trBuilding ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East facing elevation Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 5 March 2010 *P6. Date Constructed /Age and Sources: ■historic 1927 /City of Santa Ana Building Permits *P7. Ownerand Address: Melvin and Katherine Ladd 2127 North Greenleaf Street Santa Ana, CA 92706 *PS. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2010 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none') None. "Attachments: ❑None ❑Location Map ❑ Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑ "Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: E.B. Smith House B1. Historic Name E.B. Smith House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 April 21, 1927. Residence and garage. $4,000. February 2, 1942. Reroof by Pan Roofing Co. $375.00. July 9, 1945. One fixture for E.B. Smith by United Plumbing. $75. August 28, 1962. Grove electric. Relocate meter. (August 29, 1962). November 10, 1988. Aluminum patio enclosure and fixtures. April, 9, 1990. Reroof. *137. Moved? ■No 13Yes ❑Unknown Date: Original Location: *138. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: Z; CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The E. B. Smith House is architecturally significant as a Tudor Revival style of architecture in the Floral Park neighborhood. It was built in 1927, but completed in 1928. The first owners were E. Bradley and Flora Smith. Mr. Smith was a local proprietor of the Smith Pump Equipment Company, and he ran the company until 1940. The Smiths lived in the home until at least 1956, where city records indicate that ownership shifted after that year. The home has been restored by Melvin and Katherine Ladd. (See Continuation Sheet 3 of 4.) 1311. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: May 24, 2010 DPR 523B (1/95) (This space reserved for official comments.) Page 3 of 5 Sketch Map i lJ i -x U ® 2127 North Greenleaf St. O 002 - 112 -35 H O 0 O O 0 © , „ *Required information ww T O O 7 I� O State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House *Recorded by Hally Soboleske *1310. Significance (continued): *Date May 24, 2010 El Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The E.B. Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Regiister. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Paris. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War II years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Paris. Today (2007), Floral Paris maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The E. B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the Tudor Revival style in the Floral Paris neighborhood, "is a good example of period architecture'; as well as its association with E.B. Smith, long term owner and proprietor of the Smith Pump Company located in Santa Ana. Character - defining exterior features of the E.B. Smith House that should be preserved include, but may not be limited to, rolled roofing edges, smooth stucco exterior cladding, original windows where extant, and front porch configuration. DPR 523L Page 4 of 5 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House *Recorded by Hally Soboleske *Date May 24, 2010 El Continuation ❑ Update 1312. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County, California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies, " Orange County Register, September 15, 1981. "History of Floral Park." http.-IAvww.floral-park.com1pa-ge2.htm Ana and Orange County Directories, 1937 -1978. DPR 523L Page 5 of 5 MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement') is made and entered into this November 15, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Melvin G. And Catherine W. Ladd, (hereinafter referred to as "Owner "), owner of real property located at 2127 North Greenleaf Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act') to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2127 North Greenleaf Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EXHIBIT 3 MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 15, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby 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 AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by 1EE MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 2127 North Greenleaf Street, Assessor Parcel Number, 002 - 112 -35, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Melvin G. And Catherine W. Ladd 2127 North Greenleaf Street Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager Melvin G. Ladd Catherine W. Ladd MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 Exhibit A TR 788 Lot 17 and All Exs 37.50 ft — Lot 16 Assessor's Parcel Number: 002 - 112 -35 -8- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- Exhibit C (photographs attached) 56 MILLS" ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 -II - 2127 NORTH GREENLEAF STREET PHOTO LOCATION MAP NORTH GREENLEAF STREET O 60.00 O � O � � O � • 112.5 • NORTH -12- REQUEST FOR Historic Resources Commission Action OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -14 FOR THE PROPERTY LOCATED AT 917 NORTH LOUISE STREET Prepared by Hally Soboleske • -, -� • .- k• • r -, APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO cutive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Anthony Peter Michalski, property owner, for the structure located at 917 North Louise Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicant, Anthony Peter Michalski, requests the approval of Historic Property Preservation Agreement No. 2010 -14 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Spanish Colonial Revival styled residence located at 917 North Louise Street and is within the Washington Square Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. 2 HPPA No. 2010 -14 October 7, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on -the local register as the W.P. Heninger House and categorized as Contributive in August of 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. AV 0 Planner n c il Jr. HS:jm hslhistoric info \mills act agreements \917_N Louise \hppal0- 14.hrc aura 1 Al 9.27 fvx 426 w N 923 921 924 O 921 917 970 919 411 916 4117 401 913 829 iY34 909 827 820 a fJ l 1124 821 HIR 917 8l5 P16 a5 N12 N1r S07 804c1 500' RADIUS 1114 1:72.1 1.A23 a 1 ©J 4 a w Y Jii10 Iq 0 k� 428 1 st.. 924 4 91B 416 416 908 9Q7 904 h y y T �0 ! d J4 Fll6 axe 7 81 is _ r� tall ,614 &12 a7� tiO,S 13174 H PPA- 2010 -14 917 North Louise Street PLANNING AND BUILDING AGENCY EXHIBIT I lo,! .t 1021) 1016 1012 1010 1006 1137 J W 827 ■ qj- 1014 I I)11 "915 1008 ..o a17N?5 vFj 1,009 1004 J "001 y 1 932 932 it ^ m 92'8 aura 1 Al 9.27 fvx 426 w N 923 921 924 O 921 917 970 919 411 916 4117 401 913 829 iY34 909 827 820 a fJ l 1124 821 HIR 917 8l5 P16 a5 N12 N1r S07 804c1 500' RADIUS 1114 1:72.1 1.A23 a 1 ©J 4 a w Y Jii10 Iq 0 k� 428 1 st.. 924 4 91B 416 416 908 9Q7 904 h y y T �0 ! d J4 Fll6 axe 7 81 is _ r� tall ,614 &12 a7� tiO,S 13174 H PPA- 2010 -14 917 North Louise Street PLANNING AND BUILDING AGENCY EXHIBIT I lo,! .t 1021) 1016 1012 1010 1006 1137 J W 827 ■ EXECUTIVE SUMMARY W.P. HENINGER HOUSE 917 North Louise Street Santa Ana, CA 92703 NAME W. P. Heninger House REF. NO. ADDRESS 917 North Louise Street CITY Santa Ana ZIP 1 92703 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The W.P. Heninger House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial Revival. The house also contributes to the historic character of the Washington Square neighborhood through its age, style, and scale. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history' of Washington Square, and, as an intact and representative example of the Spanish Colonial Revival, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 4 State of California ---- The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #, HRI # NRHP Status Code _. Other Listings Review Code Reviewer Date of 3 Resource name(s) or number (assigned by recorder) W.P. Heninger House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 917 North Louise Street City Santa Ana Zip 92703 *e. Other Locational Data: Assessor's Parcel Number 405 - 261 -31 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This Spanish Colonial Revival styled residence is single story with a smooth stucco finish, and a front facing gable and flat roof. A tall, steep gable, pierced by three clay tubes for venting, spans nearly the width of the front of the house. The front facing gable and remaining roofing is topped with nonoriginal clay barrel tile. An arched entry leads the way to the front porch which is surrounded by a stocco'ed pony wall that extends from the arched opening to the northernmost setback of the house. Other than the front facing gable entry, the remainder of the residence is rectangular in design with the right bay extending upwards above the cross gable. This bay is pierced by three round clay ventsapproximately two feet apart in a horizontal line. The front fagade is pierced by four window openings. The window on the front facing gable is wood and tripartite in design with a fixed center window and casement on either side. Other windows are also wood, and a combination of single hung and casement. A nondescript garage sits to the rear of the property. The garage has a flat roof with barrel tile capping the parapet, and a front facing shed roof over the garage door. The structure is in excellent condition and appears to be substantially intact; possible alterations include refinishing of the stucco, and the composition shingle on the front facing gable. *133b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District El Element of District ❑Other intensive Survey update P5b. Photo: (view and date) East facing elevation January 2010 *P6. Date Constructed /Age and Sources: ■historic 19301Source: City of Santa Ana Building Permit *P7. Owner and Address: Anthony Peter Michalski 917 North Louise Street Santa Ana, CA 92703 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: July 1, 2010 *P10. Survey Type: *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) *Required information Page 2 of 4 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: W.P. Heninger House B1. Historic Name: W.P. Heninger House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single - family residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930 November 20, 1930. Residence and garage for W.P. Heninger. $3,500. June 3, 1954. 1 fixture for A.E. Confer by Pacific. $100. May 4, 1971. Water heater by Pacific Inst. October 11, 1978. Floor furnace for Flossie Confer. May 14, 1984. Service meter. May 7, 1990. A/C on roof, fumice, absorbption system, gas piping. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single- family Residence Applicable Criteria: NR: X; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W.P. Heninger House is architecturally significant as a characteristic example of the revival styled homes built along the streets of the Washington Square neighborhood during its most characteristic phase of development. According to City building permit records, the house and garage were built for William P. Heninger of the Heninger family that founded Heninger Park in Santa Ana. William and his wife Cleora originally lived at 1631 West Third Street, and he was employed as a carpenter. While the home was still under construction, they moved to 714 North Ross Street with relatives Mildred and Mary Heninger. The home was built as a speculative venture. The entire household rented the Ross Street house from Cleophus and Anna Sparks, a salesman with Sam Stein's Stationary Store on Fourth Street. The Heningers never moved into this Louise Street residence as the first known residents were Cleophus and Anna Sparks in 1935. By 1936, Van L. and Edna Brown moved into the home while conducting business at 103 West Third Street as Hawks -Brown Real Estate and Insurance Company. Mr. Brown was a 50 year member of the local Masonic Lodge, a Shriner, and Rotary Club member. He was interred at Fairhaven Memorial Park with Smith and Tuthill Mortuary in charge of the burial. His wife, Edna was a secretary before marriage. Mrs. Edna Brown lived in the residence until 1947 when Mr. M.R. Duncan took occupancy. By 1956, Arthur (Arth) and Flossie Confer owned the home. Arth was a well -loved custodian at Wilson High School. The home changed hands a few times until Mr. Anthony Peter Michaliski took residence in 2009. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) Sketch Map *12112. References: - -; - �r� s O 917 N. Louise St. City of Santa Ana Building Permits , 405 - 261 -31 Santa Ana History Room Collection, Santa Ana Public Library -- - Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. O Evaluator: Hally Soboleske (This space reserved for official comments.) *Date of Evaluation: May 25, 2010 DPR 523B (1195) Page 3 of 4 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) W.P. Heninger House *Recorded by Hally Soboleske "1310. Significance (continued): *Date May 25, 2010 El Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The W.P. Heninger House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross - McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single - family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War II. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ( "Washington Square: A Neighborhood of Pride, " Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The W.P. Heninger House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial Revival. The house contributes to the historic character of the Washington Square neighborhood through its age, style, and scale. The WP Heninger House has been categorized as "Contributive" because it "contributes to the overall character and history" of Washington Square, and, as an intact and representative example of the Spanish Colonial Revival Revival and "is a good example of period architecture. " Character - defining exterior features of the W. P. Heninger House that should be preserved, include, but may not be limited to: materials and finishes (stucco); roof configuration and arched front porch opening, massing, original windows and doors where extant, and front porch area via pony wall. *1312. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date. Santa Ana and Orange County Directories, 1924 -1935. Page 4 of 4 DPR 523L MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 15, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Anthony Peter Michalski, (hereinafter referred to as "Owner "), owner of real property located at 917 North Louise Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 917 North Louise Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EXHIBIT 3 MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 15, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby 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 AGREEMENT 917 North Louise Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 917 North Louise Street, Assessor Parcel Number, 405- 261 -31, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Anthony Peter Michalski 917 North Louise Street Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager go Anthony Peter Michalski MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 Exhibit A LOURIES SUB LOT S 54.8 FT N 104.8 FT W 147.5 FT E 295 FT -EX N.8 FT E 2.5 FT- OF TRACT Assessor's Parcel Number: 405 - 261 -31 -8- MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not- be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- r—r Exhibit C (photograph attached) mom NULLS ACT AGREEMENT 917 North Louise Street Santa Ana, CA 92706 4 917 NORTH LOUISE STREET PHOTO LOCATION MAP LOUISE STREET 54.80 O � 147.50 NORTH -12- REQUEST FOR Historic Resources Commission Action OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -15 FOR THE PROPERTY LOCATED AT 2019 NORTH VICTORIA DRIVE Prepared by Hally Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO AL"4 "A�� - L7�� 4��n= cutive Director Planning Manager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gary Regalado and Lisa LaFourcade, property owners, for the structure located at 2019 North Victoria Drive subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Gary Regalado and Lisa LaFourcade, request the approval of Historic Property Preservation Agreement No. 2010 -15 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Colonial Revival styled residence located at 2019 North Victoria Drive and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. 3 HPPA No. 2010 -15 October 7, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Was House and categorized as Landmark in April of 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not limited to, the following: Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. ��1 i K fA i�• - - . • • . Planner • • � L=rJ HS:jm hs \historic info \mills act agreements \2019_N_Victoria \hppal0- 15.hrc H P.PA -- 2010 -15 2019 North Victoria Drive 21,3 2643 'w 2037 2025 atL7 �t 2uJ5 to 2015 2W9 2003 w MMOMFVAPMMBWd 4TH ST �91a .- Z M1 tia �. PLANNING AND BUILDING AGENCY EXHIBIT 1 ;'167 2121 W149 212 2l2s ?;0 211, 2tt3 0.,� 2117 211' 17 2110 21,6 H P.PA -- 2010 -15 2019 North Victoria Drive 21,3 2643 'w 2037 2025 atL7 �t 2uJ5 to 2015 2W9 2003 w MMOMFVAPMMBWd 4TH ST �91a .- Z M1 tia �. PLANNING AND BUILDING AGENCY EXHIBIT 1 ;'167 210.2 ?;0 2102 703 2042 , >643 210, 2042 204'3 103F ilkJt 2ll36 :09 20 2G 4 ?037 733? 203, 2026 2035 2032 026 2027 2024 2025 022 202! 21517 7020 b Cl 2011 17010 0 2014 X12 0 2007 Q ---- n_ 2t a,? 2005 TW5 206 .7A1, ?AA,i 2f0i) 2002 2002 t8�'.t 1923 1820 1920 1817 1922 4'91 f; Nt5 1 �7l.3 t 912 2.01 19:4 1904 `9T-H ST 500' RADIUS H P.PA -- 2010 -15 2019 North Victoria Drive 21,3 2643 'w 2037 2025 atL7 �t 2uJ5 to 2015 2W9 2003 w MMOMFVAPMMBWd 4TH ST �91a .- Z M1 tia �. PLANNING AND BUILDING AGENCY EXHIBIT 1 EXECUTIVE SUMMARY WAS HOUSE 2019 North Victoria Drive Santa Ana, CA 92706 NAME Was House REF. NO. ADDRESS 2019 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1 1927 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE 3S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: 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 the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320 -326). SUMMARY /CONCLUSION: The Was House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Colonial Revival style of the mid- 1930s. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business community. In addition, the Was House has been categorized as "Landmark" because the building "appears to be eligible" to be placed on the National Register and the California Register and "has a unique architectural significance" as an intact and representative example of the Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. EXHIBIT 2 Page 1 of 4 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary t# HRI # Trinomial NRHP Status Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) Was House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 2099 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 151 -12; ORANGE GROVE TR LOT 78 X 253.5 FT. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This two -story residence is a textbook example of the Colonial Revival style. A medium - pitched, side gabled roof with bracketed eaves crowns the symmetrical, west - facing building. Wide clapboard sheathes the exteriors. All windows on the fapade are six - over -six, double -hung sash with wood shutters, the lower story openings scaled larger than the upper story ones. A portico projects from the central bay of the five -bay wide fagade and is the focal point of the design. It is defined by a pair of Tuscan columns that carry a triangular pediment whose horizontal and raking cornices are bracketed to suggest dentils. Pilasters echo the design of the columns and flank the entry, which is enhanced by a paneled surround. Narrow sidelights frame the paneled door. A small iron lantern hangs from the ceiling of the portico. North and south elevations are fenestrated with a combination of shuttered windows of various sizes. A brick chimney is attached to the south elevation. (See Continuation Sheet 3 of 3) *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P5 b. Photo: (view and date) West elevation January 2003 *P6. Date Constructed /Age and Sources: shistoric 9927 /City of Santa Ana Building Permits *P7, Owner and Address: Willard V Treadwell 2019 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Neumann, Peter C. Moruzzi SAIL 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: February 1, 2003 *P10. Survey Type: Intensive Survey Update *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record []Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) *Required information Page 2 of 4 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 3S *Resource Name or #: Was House B1. Historic Name: Was House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single- family Residence *135. Architectural Style: Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): November 28, 1927. Residence and garage. $15,000. April 12, 1933. Rebuilt fireplace chimney. $15. September 30, 1935. Alterations. $50. June 4, 1936. Alterations to residence. $500. November 10, 1939. Addition to residence. $500. October 16, 1946. Canopy over driveway by C. Bond, owner. $200. October 2, 2000. Reroof. $18,800. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: Detached garage. 139a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single- family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Was House is significant as an excellent example of the Colonial Revival style in terms of its characteristic features and high level of integrity. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the original building permit, the house and garage were constructed in 1927, making this property one of the first on Victoria Drive to be improved. The cost of construction was $15,000, a large sum at the time and typical of the homes that would follow on the street. Orange County directories in 1929 and 1930 indicate that Frank J. Was, vice president of First National Bank, and his wife Margaret owned the house. From 1931 until at least 1946, Clarence and Hazel B. Bond resided at the address. Clarence Bond was with G. W. Bond and Son, an investment securities firm located at 109 West Sixth Street in Santa Ana. (See Continuation Sheet 3 of 3.) 1311. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: "1314. Evaluator: Leslie J. Neumann *Date of Evaluation: February 1, 2003 (This space reserved for official comments.) DPR 523B (1195) Page 3 of 4 *Required Information Was House r-- t aRa+arA 2019 North Victoria Dr. dPA W V£ � 131 Y liO IJ 16 13 O 7 Mt I -7a MACr wra v�rpew y de►t Page 3 of 4 *Required Information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Was House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date February 1, 2003 O Continuation 0 Update *P3a. Description (continued): A concrete driveway near the north side of the property leads to an original two -car detached garage with roof form, roof pitch, and cladding similar in style to the residence. Landscaping consists of low shrubs, a large pine tree, several young trees, and an expansive front lawn. The house appears original and is in good condition. *1310. Significance (continued): The Was House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45, 000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Was House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Colonial Revival style. Characteristic features in this regard include the symmetrical massing and composition of the house, the dignified portico, and the fenestration. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business community. Additionally, the house has been categorized as "Landmark" for its unique architectural significance as an example of the Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Was House are considered character defining and should be preserved. These features include, but may not be limited to: materials (wood); roof configuration and treatment; massing and composition, porch; doors and windows; chimney, architectural detailing (stick work, pilasters, brackets), and original garage. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus, American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park." http: //www.floral- park.com/page2.html Talbert, Thomas (editor -in- chief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens. Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1930 -1941, 1945. DPR 523L Page 4 of 4 MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 15, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Gary Regalado and Lisa LaFourcade, (hereinafter referred to as "Owner "), owner of real property located at 2019 North Victoria Drive, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2019 North Victoria Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EXHIBIT 3 MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 15, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby 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 AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by sE MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 2019 North Victoria Drive, Assessor Parcel Number, 002 - 151 -12, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Gary Regalado and Lisa LaFourcade 2019 North Victoria Drive Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner CITY OF SANTA ANA DAVID N. REAM City Manager Date: By: Date: By: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- Gary Regalado Lisa LaFourcade MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 Exhibit A ORANGE GROVE TR LOT 78 X 253.5 FT Assessor's Parcel Number: 002 - 151 -12 -8- MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- 'b. a� r 4f Exhibit C (photograph attached) © Front elevation MILLS ACT AGREEMENT 2019 North Victoria Drive Santa Ana, CA 92706 2019 NORTH VICTORIA DRIVE PHOTO LOCATION MAP NORTH VICTORIA DRIVE 78.00 I O I I I I I I I 253.5 I I I I I I I I I I I � I I I NORTH -12- REQUEST FOR H'lisoric Resources Commission Acfion OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -16 FOR THE PROPERTY LOCATED AT 413 WEST SANTA CLARA AVENUE Prepared by Hally Soboleske APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO (7i,� I4- xecutive Director Planning M ager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Raymond D. and Linda L. Chapel for the structure located at 413 West Santa Clara Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Raymond D. and Linda L. Chapel, request the approval of Historic Property Preservation Agreement No. 2010 -16 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Spanish Colonial Revival styled home with a detached garage located at 413 West Santa Clara Avenue (Exhibit 1). The property is within the Park Santiago neighborhood and the surrounding land uses are residential. Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. El HPPA No. 2010 -16 October 7, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Contributive in October 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). A review of the property indicates that this 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. A photo of the property is included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long -term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and Historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A Notice of Exemption will be filed for this project. y Sob eske Associate tanner HS:jm hs \historic info \mills act agreements \413_W_santaClara \hppal0- 16.hrc H PPA-- 2010 -16 413 Vilest Santa Clara PLANNING AND BUILDING AGENCY EXHIBIT 1 73307 r� CI J 3 F:JNNIE BRAE uT `V `" i.` Sp, v : till, SANTA CLARAAV 4Yt its !v 1 (!1 In 41 .2130 Z.18 1r t5 311 221 }21 F�1 C, •yi�� 1 F, d�l.t 6�iSf F, 12a 7107 7'l75 7df11 221 (�} � L?3 sya�lYJ Z.TO z 3 2,701 37077 .2• 11 2145 2.204 ' 0 71au 1t y 21d1 2134 ?13S 7101 ?1.31 2130 2131 12 ?S 11�.': zraa 500' RADIUS H PPA-- 2010 -16 413 Vilest Santa Clara PLANNING AND BUILDING AGENCY EXHIBIT 1 EXECUTIVE SUMMARY NEFF HOUSE 413 West Santa Clara Avenue Santa Ana, CA 92706 NAME Neff House REF. NO. ADDRESS 413 West Santa Clara Ave. CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The Neff House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial Revival. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, and scale. Additionally, the house has been categorized as "Contributive' because it "contributes to the overall character and history" of Floral Park, and, as an intact and representative example of the Spanish Colonial Revival, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 4 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomial NRHP Status Code Other Listings - Review Code Reviewer Date p2na 7 of .B RPgniir(-P namQtcl nr ncimher (ACCieTrlPd by reeerdarl lVPff /-/nrl.SP P1. Other Identifier: *P2. Location: ❑Not for Publication OUnrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 413 West Santa Clara Ave. City Santa Ana Zip 92706 *e. Other Locational Data: Assessors Parcel Number 002 - 123 -21 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This Spanish Colonial Revival styled residence is single story with a smooth stucco finish, and a front facing gable and a low pitched clay barrel tiled roof. The front facing gable is pierced by six clay tubes for venting, and the attached concrete porch is supported by two 6" x 6" wooden posts. Each post has a broad, but simple, triangular capital. A stuccoed chimney is located on the east side of the residence. The front facing bay is pierced by a tripartite wood window with a fixed center and a narrow casement window on either side. Each casement window has three lights. The window is flanked by nonoriginal wooden shutters, each with a circular metal pull in the center. The front entry door appears original and is located perpendicular to the front bay. it is composed of rectangular, heavy wood planks with a rectangular window piercing the upper portion. The door window is covered with curving wrought iron. It is hung with heavy metal hinges. A small wood Fixed window is immediately left of the entry door. This window is covered with a curvilinear grill which matches that on the front door. The other front facing window is comprised of wood casement windows with three lights. it is also flanked by nonoriginal shutters that match the others. Other windows on the house are single hung wood windows with a simple lambstongue feature. Many of these windows are adorned with awnings and spear shaped supports. The well -kept yard is landscaped with native California plants, and a Spanish fountain near the front porch. A new gate with rectangular pilasters leads to the walkway which leads to the front porch. *P31b. Resource Attributes: (list attributes and codes) HP2, Single - family Property *P4. Resources Present: MBuilding ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a_ Photo i� I i Intensive Survey Update r7- " T., "I P5b. Photo: (view and date) South facing elevation September 2010 *P6. Date Constructed /Age and Sources, ■historic 1929 /Source: City of Santa Ana Building Permit *P7. Owner and Address: Raymond D. and Linda L. Chapel 421 W. Santa Clara Ave. Santa Ana, CA 92706 *PS. Recorded by; Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: September 9, 2010 *P10. Survey Type: *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) Page 2 of 4 *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Neff House B1. Historic Name: Neff House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single - family residence *135. Architectural Style: Spanish Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929 August 1, 1929. Residence and garage. $4,500. April 1. 1933. Alterations. April 10, 1933. Rebuild fireplace chimney. July 8, 1939. Termite treatment. December 12, 1940. Reroof. January 16, 1951. Reroof for Paul Neff by Holmes Roofing Co. November 5, 1951. Add shower room. November 14, 1051. 1 circuit, 3 outlets, one space heater for Paul Neff by Gilber & Steams. May 11, 1953. 1 fixture for P. Neff by N. R. Soucie. $125. May 25, 1967. Water heater. January 26, 1984. Reroof. *137. Moved? ■No OYes OUnknown Date: Original Location: *138. Related Features: B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single- family Residence Applicable Criteria: NR: X; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Neff House is architecturally significant as a characteristic example of the revival styled homes built along the streets of the Floral Park neighborhood during its most characteristic phase of development. According to City building permit records, the house and garage were built for Paul W. Neff, and his wife Katherine, in 1929. Mr. Neff was a reporter for the Santa Ana Daily Evening Register, an early precursor to the Orange County Register newspaper. He worked himself from reporter to Associate Editor. Neff remained in the newspaper's employee until R. C. Hoiles purchased the company and took the reins of the editorial department. Although Neff continued to live at 413 West Santa Clara, he began work at Northwestern Mutual Life Insurance Company. By 1938, he had taken a job with Prudential Life Insurance which was located in the Builder's Exchange Building at 200 North Main Street, and where he worked until at least 1941. City directories indicate that he accepted a position with Firestone Rubber Company in Los Angeles where he worked until at least 1956, when he moved out of the home, and the Paquette family moved into the residence. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Hally Sobo /eske (This space reserved for official comments.) *Date of Evaluation: May 25, 2010 Sketch - MAN sr Map rReR it is O Y r - - --- x- - - - -- - 1 r e i � M � n 413 W. Santa Clar, 002 - 123 -21 DPR 5238 (1/95) Page 3 of 4 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Neff House *Recorded by Hally Soboleske `Date September 9, 2010 0 Continuation ❑ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Neff House is is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street North Flower Street Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45, 000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Alt Deco - styled Old Santa Ana City Halt the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Neff House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the Spanish Colonial Revival style in the Floral Park neighborhood, is a good example of period architecture", as well as its association with Paul W. Neff, long term owner and reporter /editor for the Santa Ana Daily Evening Register, a precursor to the Orange Councy Register located in Santa Ana. Character- defining exterior features of the Neff House that should be preserved include, but may not be limited to, smooth stucco exterior cladding, original windows where extant, front door, and front porch configuration. *B12. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date. Santa Ana and Orange County Directories, 1924 -1935. DPR 523L Page 4 of 4 MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement') is made and entered into this November 15, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Raymond D. and Linda L. Chapel, (hereinafter referred to as "Owners "), owner of real property located at 413 West Santa Clara Avenue, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act') to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 413 West Santa Clara Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EXHIBIT 3 MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 15, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby 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 AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 '/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 413 West Santa Clara Avenue, Assessor Parcel Number, 002 - 123 -21, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Raymond D. and Linda L. Chapel 413 West Santa Clara Avenue Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA HUIZAR Clerk of the Council PROPERTY OWNERS Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Joseph Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager Raymond D. Chapel Linda L. Chapel MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 Exhibit A Lot 239, Tract 425, North Broadway Park Tract, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 16, Pages 33 and 34 of Miscellaneous Maps in the Office of the County Recorder of said County. Assessor Parcel No. 002 - 123 -21 -8- MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- p �t t Exhibit C (photograph attached) • `:�, i ate.. ..�-4�mw,k rye' �N Front elevation MILLS ACT AGREEMENT 413 West Santa Clara Ave. Santa Ana, CA 92706 a. Q Z 0 F- Q 0 J 0 F- 0 a. W Z W Q Q Q J V Q H Z Q F- cn LU M r I � N ■ OC) 00 0 I • ■ I •` ■ ' 0 � I • .o ui I L I Q 3 IW M m MLM 0 • (� o I Z 0 N I -la- Q co co U co co U) REQUEST FOR Historic Resources Commission Action OCTOBER 7, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -17 FOR THE PROPERTY LOCATED AT 1911 NORTH WESTWOOD AVENUE Prepared by Hally Soboleske APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For CONTINUED TO Executi a Director Planning anager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ashley and Ninh Vu, property owners, for the structure located at 1911 North Westwood Avenue subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Ashley and Ninh Vu, request the approval of Historic Property Preservation Agreement No. 2010 -17 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Folk House /Colonial Revival styled residence located at 1911 North Westwood Avenue and is within the West Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. "Fhe agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. 5 HPPA No. 2010 -17 October 7, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the A.T. Bates Ranch House and categorized as Key in May of 2005 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not limited to, the following: Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. Hall So leske Associat Planner HS:jm hs \historic info \mills act agreements \1911_N_Westw00d \hppa10- 17.hrc 500' RADIUS H P PA- 2010 -17 1911 North Westwood Avenue PLANNING AND BUILDING AGENCY EXHIBIT 1 21ST STf0 !G 2 10 1948 f0! u! ;att X115 © r 101 f 1942 L '-z A C7:7; ?0M 1707 ". i7ST'SIr ills q r t7f1 ? 2Oa2 009 v. ua a w v 905 1920: fqi� _,u 20TH ST vl�3 i918 917 '90. 415 > 1g10 1412 9l.J t ;tt�ia & 190 2 IJ J'906 Uj ^ � � � =' �n ri 5 1818 ' }7 191#4 9�o lt718 19TH ST , � li' 617 1814 81f, 1.x;1.1 ry x, w rpm ' a 1410 gilt; 1610 X ` N'!1 W 1$TH ST 1906 6705 J1J06 Q07 Sol 4. US 661 1 fa07 '?7t ,72.3 17" 18TH ST �w 17zz - .ft. r719 1718 fll8 171` 1714 71.5 '711 17:4 500' RADIUS H P PA- 2010 -17 1911 North Westwood Avenue PLANNING AND BUILDING AGENCY EXHIBIT 1 EXECUTIVE SUMMARY A. T. BATES RANCH HOUSE 1911 North Westwood Avenue Santa Ana, CA 92701 NAME A. T. Bates Ranch House REF. NO. ADDRESS 1911 North Westwood Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT Circa 1895 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I NIA NEIGHBORHOOD I West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 CALIFORNIA REGISTER STATUS CODE 5S Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Other: Folk House (I -House Variant), Colonial Revival Folk houses, often simply labeled "vernacular houses," reflect nation -wide traditions of basic housing built without regard for architectural styles and fashions. While early folk houses utilized indigenous materials, forms, and labor, the spread of the railroads and the advent of balloon framing enabled subsequent construction to take advantage of inexpensive building materials such as mass - produced lumber. Although the materials and the methods evolved, the forms generally did not. Simple side - gable, "I- Houses" (defined as houses that are two rooms wide, one room deep, and two stories in height, as opposed to the one -story "Hall and Parlor' houses) were derived from British precedents and were adapted to the United States by the additions of a front porch and a rear add -on. Such homes became the dominant pre- and post - railroad housing over much of the southeastern United States and elsewhere, lasting into the 20`h century. 1- houses are typically side - gabled, wood - framed, and have porches, usually hipped or shed - roofed, attached to the fagade. Windows are generally double -hung sash, often in the tall and narrow proportions of the Victorian era. Variations in the type involve differing chimney placements, porch sizes, porch roof types, shapes of the rearward extensions that enlarged the interior space, and the addition of details borrowed from other styles. Hall -and Parlor houses and I- Houses evolved into "Massed -Plan, Side - Gabled" houses, which are more than one room deep and no longer have rear add -ons (McAlester, 94 -98). 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 the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors. The Dutch Colonial Revival subtype always has a gambrel roof that encompasses almost a full second story. Early examples (circa 1895 -1915) feature front - facing gambrels while side gambrels, often with long shed dormers are more common during the 1920s and 1930s (McAlester, 320 -326). SUMMARY /CONCLUSION: The A. T. Bates Ranch House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of an architectural style or period, and under Criterion 7, as a building connected with a business or use which was once common, but is now rare. Additionally, the house has been categorized as "Key" because it "is characteristic of a significant period in the history of the City of Santa Ana," the agricultural period. (Municipal Code, Section 30 -2.2). EXHIBIT 2 Page 1 of 6 EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 1: It is associated with events that have made a significant contribution to the broad patterns of local, 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, 2003.) 551: Individual property that is listed or designated locally. Page 2 of 6 State of California --, The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial_ NRHP Status Code Other Listings_ _ Review Code Reviewer Date pahe 1 of 4 Resource namets) or number (assigned by recorder) A. T Bates Ranch House P1, Other Identifier: *132. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad Date: *c. Address 1911 North Westwood Avenue City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 399 - 071 -07 *133a. Description: (Describe resource and its major elements. include design, materials, condition, alterations, size, setting, and boundaries.) This fanner ranch house stands in striking contrast to its more recent neighbors. Originally, the house was accessed from Seventeenth Street on the south, so the current street (west) facade was intended to be a side elevation. A complex roof composed of a gambrel, front and side gables, and shed and hipped roof sections caps the two -story building. The original narrow clapboard siding remains on some portions of the exterior, primarily below a sill level stringcourse on the ground floor and on the face of the front gambrel and its crowning gablet, while stucco covers the remainder. Two tall and narrow double - hung sash windows are centered in the gambrel face, which is sandwiched between the roof of a clipped gable above it and a pent roof below it The lower story fenestration features a tripartite window in the center bay, a single, double -hung sash in the north bay, and a recessed porch containing the entry in the south bay. Alterations include the replacement of the windows, addition of shutters, and replacement of the original wood porch supports with lacy wrought iron in the New Orleans style. The south elevation features a gabled second story projection containing a pair of double -hung sash windows overlooking a wood - railed balcony. On the north elevation, an attached brick chimney has been rebuilt. Lushly landscaped, the property is in excellent condition. Despite the noted alterations, the house appears substantially as it did in historic photographs (see Continuation Sheet 4 of 4). *P31b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a P51b. Photo: (view and date) West elevation March 2004 *P6. Date Constructed /Age and Sources: ■historic Circa 1895/Source: Les, 1980. *P7. Owner and Address: Krystel A. Massey 1911 N. Westwood Avenue Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann SAiC 35 S. Raymond Ave. tf 204 Pasadena, CA 91105 *P9. Date Recorded: April 21, 2004 *PIG. Survey Type: Intensive Survey Update *PI 1. Report Citation: (Cite survey report and other sources, or enter 'none") Les, Kathleen. "A, T. Bates Stock Ranch Home." Historic Resources Inventory May 1980. *Attachments: ❑None OL.ocation Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) OPR 523A (1195) Page 3 of 6 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: A. T. Bates Ranch House B1. Historic Name: A. T. Bates Ranch House B2. Common Name: Ramsey House B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *B5. Architectural Style: Other: Folk House (1 -House Variant); Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1895 August 13, 1948. Private garage, 20 x 24. February 15, 1954. New foundation and repairs to residence. August 2, 1954. Private garage, 18 x 20. May 11, 1994. Reroof with tear off. Remove composition shingles and replace with composition shingles (pitched area). Remove built up roof and replace with built up roof (flat area). *B7. Moved? ■No OYes OUnknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 Property Type: Single- family Residence Applicable Criteria: NR: A,C, CR: 1,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The A. T. Bates Ranch House is historically significant as a substantially intact remnant from the early agricultural period in Santa Ana and architecturally noteworthy as an example of a vernacular ranch house. The house is located on the former seventy -acre A. T. Bates stock ranch, apparently purchased by Bates from N. O. Stafford, Columbus Tustin, and Samuel Ross who in tum had acquired this section of the Rancho Santiago de Santa Ana from the Yorba family (Ramsey, page 120). Bates had come west during the Gold Rush, and upon settling in Santa Ana around 1870, occupied an existing adobe home on the ranch (Marsh, page 30). One of his early employees was Robert McFadden, another of the pioneers of Santa Ana as well as of Newport Beach. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: April 21, 2004 ( -rhis space reserved for official comments.) DPR 523B (1/95) Page 4 of 6 Sketch Map x o 398 - 071 -07 1 O 1911 N. Westwood Avenue N r J t` O 10 � O b a *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Pane 3 of 4 Resource Name or # (Assigned by recorder) A. T. Bates Ranch House *Recorded by Leslie J. Neumann, SAIC *Date April 21, 2004 I] Continuation ❑ Update *610. Significance (continued): In 1910, father and son John B. and Merle Ramsey, who had come to Santa Ana in 1902 and subsequently set up business as plaster contractors, purchased Fifteen acres of the ranch from a Mr. Talcott. By that time, the adobe had been replaced by the present house, estimated to have been built circa 1895 (Cultural Heritage Inventory, 1983). A bam with an attached bunkhouse was located west of the house (approximately where Westwood Avenue runs today). The Ramseys began tending the orange and walnut trees already on half of the acreage, and planted additional walnut trees and apricot trees on the vacant land. They also developed the "Ramsey Apple" by grafting cuttings from their home in Ohio onto California rootstock. At the time of the Ramsey's purchase, the ranch, although located within the city limits of Santa Ana, was "far out in the country, " reached via dirt roads, with no nearby neighbors. The location of the property was understood to be the vicinity of Baker and Seventeenth. In 1921, father and son divided the property, with the father keeping the rear portion for farming and son taking the front in order to take advantage of the expanding residential area of Santa Ana by building houses. City directories in the 1930s list the address of John Ramsey as 1901 North Baker Street and of Merle Ramsey as 1101 West Seventeenth Street. Westwood Avenue north of Seventeenth, however, was not developed until the post World War 11 period, and the first building permit with the current address was recorded in 1948. Merle Ramsey recalled his life on the A. T. Bates ranch in This Was Mission County: Reflections in Orange of Merle and Mabel Ramsey, published in 1973, and noted that the house remained exactly where it had been, only surrounded by streets and houses. Ramsey also recalled unearthing several Native American artifacts on the property, most notably two stone pots discovered when they installed an irrigation system. Since the second half of the twentieth century, the neighborhood in which the A. T. Bates Ranch House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street and the Animal Shelter and City /County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed during the 1950s, and the Califomia Ranch style homes that characterized that era still dominate the streets of West Floral Park in the early twenty-first century. Although the A. T. Bates Ranch House has been altered somewhat its massing, roof configuration, the placement of the windows and doors, and plan features such as the porch and balcony still bear a close resemblance to historic photographs in the Ramsey book (see Continuation Sheet 4 of 4) and included in the documentation at the Santa Ana Library History Room (Cultural Resources Inventory, 1983). The house is vernacular in design, combining features associated with the Dutch Colonial Revival (the gambrel root) with the elements of the tradition of wood - framed folk houses (the overall massing, simplicity of design, and lack of ornamentation). In contrast to the mid twentieth century "California Ranch" style homes that have been built around it, the A. T. Bates Ranch House is easily recognizable as a product of the nineteenth century. The A. T. Bates Ranch House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of an architectural style or period, and under Criterion 7, as a building connected with a business or use which was once common, but is now rare. Additionally, the house has been categorized as "Key" because it is characteristic of a significant period in the history of the City of Santa Ana," the agricultural period. Character - defining exterior features of the A. T. Bates Ranch House that should be preserved include, but may not be limited to: original materials and finishes where extant, roof configuration and detailing, massing; windows and doors (including original placement, dimensions, and materials where extant); porch configuration and original detailing, where extant,- brick chimney; and architectural details (such as the sill course and balcony). DPR 523L Page 5 of 6 State of California --- The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) A. T Sates Ranch House 'Recorded by Leslie J. Heumann, SAIC "Date April 21, 2004 93 Continuation ❑ Update **112. References (continued): Harris, Cyril M. American Architecture: An Illustrated Enc clapedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An_IAustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984, National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources.' Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1901 -1935. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Ramsey, Merle and Mabel with Warren F. Morgan. This Was Mission Country. Laguna Beach: Mission Printing Co., 1973. "The A. T. Bates Stock Ranch Home, " Cultural Heritage Inventory site C -13, Santa Ana Library History Room. P5b. Historic Photographs: :X> xuttl :►� � s alt t:ttikr° s ttle°rl Xae- llttt:,lte'd Jll.erlt.ltla this %haunt aft cri the ran with Enghi,,h livalnUt (rWs. 'litvriperswd with Apricot trees. Dried apricots wt bringing a good price at that. ttmv, THE OLD SATES HOME at 1911 Westwood Street ss It ;ookod ,n 1972 Iry A., W - 111 ori9trtal SATES RANCH, built diULIUt 1815, 17th and Baker streets, Santa Ana. The original 70 arrets wwete seduced to 15 when purchased by .t, B. ,trod Merle Ramsey In 19M). Source: Ramsey, Merle and Mabel with Warren F. Morgan. This Was Mission Country. 1973, DPR 523L Page 6 of h MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this November 15, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Ashley and Ninh Vu, (hereinafter referred to as "Owner"), owner of real property located at 1911 North Westwood Avenue, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1911 North Westwood Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EXHIBIT 3 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on November 15, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby 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 AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and /or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 1911 North Westwood Avenue, Assessor Parcel Number, 399 - 071 -07, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Ashley and Ninh Vu 1911 North Westwood Avenue Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager By: Ashley Vu By: Ninh Vu MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 Exhibit A TR 1280 LOT 15 NLY 70 FT -EX NLY 8 FT- Assessor's Parcel Number: 399 - 071 -07 -8- MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- MILLS ACT AGREEMENT 1911 North Westwood Avenne Santa Ana, CA 92706 Exhibit C (photograph attached) 1911 NORTH WESTWOOD AVENUE PHOTO LOCATION MAP WESTWOOD AVENUE 62.00 158.5 NORTH -12-