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HomeMy WebLinkAbout25B - AGMT - HISTORIC 2108 N GREENLEAF STREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2017 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016-30 FOR THE PROPERTY LOCATED AT 2108 NORTH GREENLEAF STREET (STRATEGIC PLAN NOS. 5, 2,3) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 19.21-0071,51W. ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For® CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Robert F. and Michelle A. Donahue, property owners, for the structure located at 2108 North Greenleaf Street, subject to non -substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION On January 26, 2017, the Historic Resources Commission recommended by a vote of 6:0 (Schaefer absent, Murashie abstained) that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Robert F. and Michelle A. Donahue, property owners, for the structure located at 2108 North Greenleaf Street, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 2513-1 Historic Property Preservation Agreement No. 2016-30 with Robert and Michelle Donahue February 21, 2017 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue account (No. 01102002-50011) to the City by an estimated $92.26 to $461.31 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: v""gyt Hassan Hagh i, AI( Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency IO:rb to\Historic Documents\Historic Docs 2017\P,Brown House 2108NGreenleafStreet.cc Exhibit: A. Historic Resources Commission Staff Report 25B-2 v i1.\T REQUEST FOR Historic Resources Commission Action e HWORCRESCURCESCOMMISSONNEUNG DATE: JANUARY 26, 2017 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016-31, HISTORIC REGISTER CATEGORIZATION NO. 2016-29, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016-30 FOR PROPERTY LOCATED AT 2108 NORTH GREENLEAF STREET {STRATEGIC PLAN NOS. 5,2; 5,3) Prepared by . Ivan Orozco APPROVED • As Recommended • As Amended ❑ Set Public Hearing For CONTINUED TO Df9ctor Planning Manager RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2016-31 and Historic Register Categorization No. 2016-29. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Robert R and Michelle A. Donahue, subject to non -substantive changes approved by the City Manager and City Attorney. Request of Applicant Robert F. and Michelle A. Donahue are requesting approval to designate an existing residence located at 2108 North Greenleaf Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana for the property. Prosect Location and Site Description The subject property is known as the P. Brown House and consists of a 2,416 square foot two-story Tudor Revival style residence with an attached garage on a 7,250 square foot residential lot located on North Greenleaf Street between West Nineteenth Street and West Santa Clara Avenue (Exhibit 1). Analysis of the issues Historic Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as historical EXHIBIT A 25B-3 HRC No, 2016-29, HRCA No. 2018-31, and HPPA No. 2018-30 January 28, 2017 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine If this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that structures be 50 or more years old; The structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical 'Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, No known code violations exist at this property.. The property, recognized as the P. Grown House, has distinctive architectural features of the Tudor Revival style, and was built in 19,36,by O, F. Fowler, Character definingfeaturesof the P. Brown House that should be preserved include, but,may not be limited to, materials and finishes including stucco; wood shake roofing material, original windows, stone chimney, massing and articulation (Exhibit 2). 1t is. recommended that the house is designated to the Santa Ana Register of Historical Properties under Criterion 1 for its characteristics of the Tudor Revival style of architecture. Additionally, the house has been categorized as "Contributive"' because it is a "good example of period architecture." Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. 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 as necessary to maintain its character and appearance, Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings; the benefits Include: . Long term preservation of the property and visual improvement to the neighborhood • Allows fora mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discouragesinappropriate alterations to the property Upon consideration of the application, it is recommended that the Historic Resources Commission recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Robert F, and Michelle A. Donahue, subject to non -substantive changes approved by the City Manager and City Attorney. 25B-4 NRC No, 2016-29, HRCA No. 2016-31, and HPPA No. 2016-30 January 26, 2017 Page 3 Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the Floral Park Neighborhood president was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association president, nor was there a request that the applicant present the project to a meeting of its members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and malted notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2017-03 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 6 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Based on the analysis provided within this report, staff recommends that the Historic Resources Commission adopt a resolution approving Historic Resources Commission Application No. 2016-31, Historic Register Categorization No. 2016-29, and Historic Property Preservation Agreement No. 2016-30. Ivan Orozco Assistant Planner II IO:jm iMistndc ©ocumentslHistok hoes 201AP.Brown House 2108NGreenleafStreet.StaffReport.lire Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 25B-5 EXECUTIVE SUMMARY P. BROWN HOUSE 2108 N. Greenleaf Street Santa Ana, CA 92706 Location: ❑ Not for Publication 0 Unrestricted ❑ Prehistoric 0 Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival Style The Tudor Revival Style 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 bride chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival Style 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 Style 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. One important feature of the R Brown House is the fact that even though the residence is primarily a Tudor Revival, it also carries along architectural features of the French Normandy Style. Contrary to the typical Tudor homes which have a steeply pitched gable, this residence has a steeply pitched hip roof that continues throughout to the second floor roof. The window panes are squared in design, different from the diamond shape window panes seen in a traditional Tudor Revival Home. The overall character of the home provides a Tudor feel with combined features in the form of French Normandy Flair. SUMMARYICONCLUSION: The P. Brown House qualifies for listing in the Santa Ana Register of Historical Properties for its exemplification of the characteristics of the Tudor Revival Style with French Normandy Influence. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Tudor Revival Style "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (Froin California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September h, 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. . 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. 553: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT 2 25B-7 e REF. NO. leaf Street7_:F FADDRESS 72108N. ORANGE COUNTY ISTER CATEGORY: Contributive OOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication 0 Unrestricted ❑ Prehistoric 0 Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival Style The Tudor Revival Style 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 bride chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival Style 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 Style 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. One important feature of the R Brown House is the fact that even though the residence is primarily a Tudor Revival, it also carries along architectural features of the French Normandy Style. Contrary to the typical Tudor homes which have a steeply pitched gable, this residence has a steeply pitched hip roof that continues throughout to the second floor roof. The window panes are squared in design, different from the diamond shape window panes seen in a traditional Tudor Revival Home. The overall character of the home provides a Tudor feel with combined features in the form of French Normandy Flair. SUMMARYICONCLUSION: The P. Brown House qualifies for listing in the Santa Ana Register of Historical Properties for its exemplification of the characteristics of the Tudor Revival Style with French Normandy Influence. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Tudor Revival Style "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (Froin California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September h, 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. . 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. 553: Appears to be individually eligible for local listing or designation through survey evaluation EXHIBIT 2 25B-7 State of California—The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinoml NRHP Status Code_ Other Listings Review Code _ Reviewer_.._.___„_,_. Date Page j_ of A Resource name(s) or number (assigned by recorder) P. Brown House P1. Other Identifier: *P2. Location: ©Not for Publication ®Unrestricted *a, County Orange County *b. t)SCS 7.5' quad TCA1725 Date: *c. Address 2108 N. Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002.081-15 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The P. Brown House is designed in unique Tudor Revival Style of architecture. The structure reveals distinctive characteristics of a French Normandy Influence. The home is sheathed in stucco and has a steeply pitched hip roof design throughout that creates a cake layer effect to the second floor. The structure is capped with a wood shake roofing material. At the front elevation, a single dormer can be seen from the street, similar in design to a dormer used in French Normandy Style architecture. The front elevation is sided with natural stone that can be seen throughout most of the chimney. The use of natural stone to accent the stucco clad material of the home creates a variation in texture. The chimney is then capped with a red brick design and a double flue. The massing of the chimney helps illustrate features of the French Normandy influence. The first characteristic is its large size, an indication of wealth and luxury, similar to that of the Tudor castles. The entry opens onto a covered porchlet, elevated on two steps located to the right of the east elevation. In true French Normandy style, the windows throughout the home are multi -pane casements. The garage is fitted with a modern door, having a vintage appearance, helping create consistency In the design. A small outdoor patio is provided at the front of the home with mature landscaping and ground cover. Atthe front of the property, a stone path leads to the patio area just before arriving at the front door; Keeping with the Tudor Revival Style of architecture, a peekaboo door integrates the overall feel of grandeur of the front entrance. *P3b. Resource Attributes: (list: attributes and codes) HP2. Single-family Property *P4, Resources Present: ■Building ❑Structure []Object OSite ❑District ❑ Element ofDistrict ❑OtherQ PI Photo F 4 j Wy me Lk - 135b. Photo: (view and date) .South facing elevation 2016 *P6. Date Constructed/Age and Sources: ■historic 1950/City of Santa Ana Building Permits *P7. Owner and Address: Robert F. and Michelle A. Donahue 2108 N. Greenleaf Street Santa Ana, CA 92706 *P0. Recorded by: Ivan Orozco 20 Civic Center Plazas Santa Ana, CA 92702 W. Date Recorded: January 26, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "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) UPR 523A (1195) r *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 "Kasource Name or if: v. Brown mouse 131. Historic Name: P. Brown House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *85. Architectural Style: Tudor Revival Style *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1936 July, 1936. Residence and garage. $6,000. April, 1972. Enclosed Patio, $400. April, 1992. Reroof. $8,000. *B7. Moved? allo OYes ❑Unknown "Ell. Related Features: None. 139a. Architect: Unknown Date: Original b. Builder: O. F. Fowler *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895-1965 'Property Type: Single-family Residence Applicable Criteria: CR: SS3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope, Also address Integrity) The first residents of this residence were Phillip M. Brown and his wife, Helen T. Brown. Mr. Brown was born in Sheridan Wyoming on April 1'r1 1894. Mr. Brown moved to California in the 1930's with his wife, where they rented an apartment in Santa Ana. In 1935, Helen gave birth to a baby girl at the local St. Joseph's Hospital and named her Sarah P. Brown, It wasm't until 1936 when Mr.. Brownpurchased his first home, located at 2108 N. Greenleaf Street. Mr. Brown hold many positions in various financial institutions, some of those positions were concurrent to others. At point in his life, Mr. Brown was the Section manager to the Business Men's Association of Santa Ana, the Section Manager to the Credit Bureau of South Orange County, and the General Manager of the Better Business Bureau of Santa Ana. In 1942, at the age of 48 he registered for service for the World War II draft, although there are no records of him being sent abroad. In 1957, at the age of 63, Mr. Brown passed. (See Continuation Sheet 3 of 3,) B11. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Mops Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton,1998. Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. (See Continuation Sheet 3 of 4.) 613. Remarks: *B14. Evaluator: Ivan Orozco *Date of Evaluation: January 26, 2017 DPR 5238 (1195) (This space reserved for official comments.) 25B-9 Sketch Map 002£081-15 2108 N. Greenleaf Street iliac r7 iQ tl D81 r7 f4 r5 @it f9 19 C t rVtl. 8 �9 12 1 t0 'tl 9. I Ii I 1 Ij q9 di 2P Rik , 2 #L ' State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # tCONTiNUATION SHEET" Trinomial by Ivan Orozco 'Date January 26, 2017 21 Continuation ❑ Update '810. Significance (continued); Santa Ana was founded by Wilitam Spurgeon in 1889 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial cora of the community was centered on 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 1 B89, the city grow 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 P. Brown 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„ Now 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 16, 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 $45,900 each' (Orange Count' Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930% 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 EI Toro Marine Base dudng World War II,, and the 1960 Honer $hopping Plaza. Honer lived in the neighborhood he had helped create, at 515 West Santa Clara Avenue. In the late 1920E and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell projectwas 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 it 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 i950s, 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 P. Brown House qualities for listing In the Santa Ana Register of Historical Properties, for its representation of the characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because "it Is a good example of period architecture". Character defining features' Include roof material and chimney configuration, original casement windows, and all exterior materials. B12. References (continued): McAlester, Virginia and tee. 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 or Historic Preservation. ''Instructions for Recording Historical Resources." Sacramento: March 1995. Santa Ana and Orange County Directories, 1932-1954. 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 Reqister, September 15, 1951. "History of Floral Park." http.*/Iwww,floral-oark,comlpacie2.htm]. Ancestry.com Newspapers.com (Santa Ana Register) DPR 523E 25B-10 MILLS ACT AGREEMENT 2108 N. 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 February 21, 2017 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"), Robert F. Donahue and Michelle A. Donahue, (hereinafter referred to as fawners"), owners of real -property located at 2108 N. Greenleaf Street, Santa Ana, California, in the County ofOrange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Alia is authorized by California Government Code Section 50280 of 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 read property together with associated structures and improvements thereon, located at 21.08 N. 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 desighated 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 easter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building; and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. EXHIBIT 3 25B-11 MILLSACTAGRGFMENT 2108 N. Greenleaf Stivet Santa Ann, C4 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division I of Title 5, Article 12; Section 50280 et saq., 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 I 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 oil February 21, 2017, and shall remain in effect for a tern 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 throirgli 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 Agreorment 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 rusnrenewal of the Agreement ort 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 llotirenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner ofnatuenewal. 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 tern then remaining, either from its original execution or from, the last renewal of the Agreement, whichever rmy apply. 3. Standards and Conditions for Historic Property. During the teras of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 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, -2- 25B-12 MILLS ACTA GREFAIENT 2108 N. Greenleaf Street Santa Ana, CA 92706 proportions, organization of windows, doors, and other openings, textures, details, mass, roof fine, 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. Owners shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owners 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 tire 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 sucli 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. Owners 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's compliance with the terms and provisions of this Agreement. A. Furnishing of Information, The Owners hereby agree to furnish the City witli any and all information requested which maybe necessary or advisable to determine compliance with the ternis and provisions of this Agreement. -3- 25B-13 MILLS ACT AGRGaEMENT 2108 N. GreendeafStreet Savin 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 detennines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer lueets the standards 'For a qualified Historic Property, or if the City determines that the Owners 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 Owners 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 racket 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 Glue of the structure will have been destroyed, filo 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 firistrates 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. ht 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 at, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, the City shall give written notice to the Owners by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Executive Director of Planning and Building Agency or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as inay 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 Owners), then the City may, without farther notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners 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- 25B-14 MILLS ACT AGRFFNIF.NT 2108 N. f reentea0sreet Santa Ana, CA 92706 7. Binduag effect of Agreement. a. The Owners hereby subject the Historic Property, located at 2108 N. Greenleaf Street, Assessor Parcel Number, 002-081-15, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the 'land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter execrated, 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. Owners 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 tents 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 Owners; Robert P, and Michelle A. Donahue 2108 N. Greenleaf Street Santa Ana, CA 92706 10. General Provisions. a. None of the terns, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of dicir heirs, successors, or assigns, -5- 25B-15 MILLS ACT AGkL^EWNT 2108 N. Greenleaf Street Santa Ana, CA 92706 nor shall such terns, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree to and shall indemnity and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for danage 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 Owners hereby agree 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 clahns for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operationsreferred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the: plans, specifications or other docrarnents 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 detennine the rights and dirties 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 either relief ordered by the court. % hi 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 preeruptive 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. 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 (G) 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. -b- 25B-16 M7LLSACTAGREEMENT 2108 A Greenleaf Street Santa Ana, CA 92706 13. Amendments. This Agreement may be amended, in whole or in hart, 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 Cleric of the Council Owner Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: c' Lisa Storck Assistant City Attorney CITY OF SANTA ANA GERARDO MOUET Acting City Manager By:.__ Robert F. Donahue By: _ Michelle A. Donahue RECOMMENDED FOR APPROVAL: HASSAN HAGHANI Executive Director Planning and Building Agency 25B-17 HILLS ACTA CREEMENT 21#8 N. GreenleafStrevt Santa Ann, CA 92706 Exhibit A N TR 879 BLK LOT 14 filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number: 002-081-�15 -s- 25B-18 MILLS ACTAGREEKENT 2I08N. Greenlen/'S"et Santa Ann, CA 92 706 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: I . 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- 25B-19 MILLS ACTAGBSVNII;NT 2108N. Greenleaf$$-eet Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, now 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 fornx and integrity of the structure would be unimpaired. 10- 25B-20