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HomeMy WebLinkAboutItem 20 - Approval of Historic Property Preservation Agreement Planning and Building Agency www.santa-ana.org/planning-and-building Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 15, 2023 TOPIC: Approval of a Historic Property Preservation Agreement AGENDA TITLE Historic Property Preservation Agreement RECOMMENDED ACTION Authorize the City Manager or designee to execute the Mills Act agreement with the below-referenced property owners for the identified structure(s), subject to non- substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC Daniel and Diana Vogel 2023-06 621 North Spurgeon Street 5:0:0:3 (Jauregui, Shipp, and Cornelius Absent) DISCUSSION On July 6, 2023, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreement with the identified property owners for historic structure(s) in the City, subject to non- substantive changes approved by the City Manager and City Attorney: Historic Preservation Agreement Number No. 2023-06. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). During the July 6, 2023 HRC public hearing, the Commission noted that the existing front door is not compatible with the Queen Anne (Late Victorian)-style residence. Staff will work with the applicant to ensure that the front door is replaced with an appropriate style door as part of the rehabilitation and restoration requirements during the first five years of the duration of the Mills Act Contract for this property. The front door rehabilitation effort is in addition to the following items stated in the HRC staff report for the July 6, 2023 public hearing: 1) installation of a Hollywood Driveway and adjacent landscaping to the north of the driveway; 2) removal of yellow textured glass and Approval of Historic Property Preservation Agreement August 15, 2023 Page 2 3 6 3 2 window pane restoration at the rear sunroom; 3) front and rear staircase wood rot repair; 4) repainting the exterior gate and home; 5) repair of carriage doors; and 6) repairing wood windows throughout the property as needed to ensure operability and general on-going maintenance. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. The following Categorical Exemption will be filed for this project: •ER No. 2023-61 (621 North Spurgeon Street) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,212.75 annually noted below, for a period of not less than ten years. HPPA No.Address Estimate Exhibit No. 2023-06 621 North Spurgeon Street $1,212.75 1-2 Total for All Properties:$1,212.75 EXHIBIT(S) 1. Mills Act Agreement – 621 North Spurgeon Street 2. HRC Staff Report – 621 North Spurgeon Street Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 Daniel Vogel and Diana Vogel, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 621 North Spurgeon Street, Santa Ana, California, 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 621 North Spurgeon Street, Santa Ana, CA, 92701 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.City and 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 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 1 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 2 - E. Owner and 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 August 16, 2023, 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: 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 described in the “Historical Property Description” attached hereto, marked as Exhibit B, 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. MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 3 - 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 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 C, and incorporated herein by this reference. Owner shall conti nually 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 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 alterations 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2023-06) staff report dated August 15, 2023. All work items shall be completed within the first ten years of the Mills Act Agreement, with the exception of the front door rehabilitation to be completed within the first five years of the Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act 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. 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 has 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 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 4 - 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 ½) 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 mor e than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately 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, 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 Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 Owner), then 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 Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if Cit y 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 City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by 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. Owner hereby subjects the Historic Property, located at 621 North Spurgeon Street, Assessor Parcel Number, 398-236-02, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 5 - b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon 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, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from 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 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 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office Owners: Daniel and Diana Vogel 621 North Spurgeon Street Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures 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, agent, 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 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 6 - 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 City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, 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, with venue in Orange County. 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. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ Jennifer L. Hall KRISTINE RIDGE Clerk of the Council City Manager OWNERS Date: ______________________ By:_________________________ DANIEL VOGEL Date: ______________________ By:_________________________ DIANA VOGEL APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTH 28 2/3 FEET OF LOTS 7 AND THE NORTH 36 FEET OF LOT 10 OF THE THOMAS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 398-236-02 Page 1 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 NAME Thomas House REF. NO.26 ADDRESS 621 North Spurgeon Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1898 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Lacy NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted USGS 7.5” Quad Date: T R ¼ of ¼ of Sec : B.M. Prehistoric Historic Both ARCHITECTURAL STYLE: Queen Anne (Late Victorian) DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last 20 years of the 19th century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof, ornate decoration of wood or metal along the eave and in the gable end, avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal, and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well developed examples can be found in California and in the Southern states (McAlester, 263-268). Exhibit B Page 2 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) August 18, 1933. Alterations to residence. March 2, 1953. Alteration to private garage and storeroom. September 17, 1982. Repair fire damage to garage. October 13, 1982. Repair fire damaged garage. July 13, 1989. Restore historical residence, replace deteriorated siding, repair damaged sub-flooring, re-plaster ceiling and wall. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) Located on the east side of Spurgeon Street just south of East Civic Center Drive, this is a one and a half story residence in the Queen Anne (Late Victorian ) style. A hipped roof with lower cross gables caps the dwelling. Narrow horizontal siding covers the body of the house while the gable faces feature fishscale shingles. Two dormers, one hipped, the other gabled, emerge from the hipped roof over the façade. A large front gable over the south half of the façade provides a focal point and is detailed with a rounded bargeboard and open trusswork in the gable end. Two tall and narrow double-hung sash windows are centered within the gable face. Separating the roof from the house below, a plain frieze and a bracketed soffit circle the house. A cant bay is located beneath the front gable while a porch is recessed beneath the roof to the north. Suggesting a Colonial Revival influence, Tuscan posts and columns are set on a low porch wall to enclose the porch. Within the porch space, the entry consists of a paneled and glazed door framed by panels that may have been sidelights and a transom. Complemented by trees, lawn, and shrubbery, this highly intact house sits on a property bordered at the sidewalk by a low cement curb. A garage also located on the property was not inspected. HISTORIC HIGHLIGHTS: According to previous research, this house was constructed in 1898, a date consistent with its transitional design. It was originally owned by J. C. Thomas, a rancher and a director of the Santa Ana Valley Irrigation District. Now the only house remaining on this block of Spurgeon, the house occupies a portion of the original 2¾-acre parcel owned by Thomas (Treasures). RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single-family Property Page 3 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 RESOURCES PRESENT: Building Structure Object Site District Element of District Other MOVED? No Yes Unknown Date: Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Santa Ana’s population rose steadily in the late 1880s, survived the economic downturn in 1893, and continued to grow as the end of the century approached. As a result, numerous homes were constructed during this period. This house is significant architecturally as an example of the Queen Anne (Late Victorian) style as it was influenced by the Colonial Revival of the early 20th century. Queen Anne characteristics include the complex roofline, the treatment of the gable ends, the use of fishscale shingles, and the front bay projection. The porch design, with its Tuscan columns and posts, is more closely affiliated with the Colonial Revival style. The Thomas House retains good integrity. Character-defining original and restored exterior features, which should be preserved, include but may not be limited to: roof configuration and treatment; massing; exterior materials and finishes; fenestration; porch steps; and architectural detailing such as brackets, frieze, bargeboards, stickwork, and columns. SUMMARY/CONCLUSION: This property is currently listed in the Santa Ana Register of Historical Property and has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of the Queen Anne (Late Victorian) style (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Page 4 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: September 4, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) City of Santa Ana. Santa Ana’s Historic Treasures. Les, Kathleen. Historic Resources Inventory Lower French Park District, March 1980. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) 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. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: September 4, 2001 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) 5S1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 1 - Exhibit C 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 b y 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 alterations 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 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 2 - 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. Planning and Building Agency Item # c City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report July 6, 2023 Topic: HPPA No. 2023-06 – The Thomas House RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Daniel and Diana Vogel for the property located at 621 North Spurgeon Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Daniel and Diana Vogel are requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 621 North Spurgeon Street that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Thomas House, consists of an existing two-story Queen Anne (Late Victorian) style residence that is approximately 2,122 square feet in size on a 7,405-square-foot residential lot (Exhibit 2). The Thomas House was added to the Santa Ana Register of Historical Properties (“Register”) in 2001 and categorized as “Key.” Analysis of the Issues 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. The property is listed on the Register and categorized as Key, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives 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: Exhibit 2Historic Resources Commission 2-1 July 6, 2023 HPPA No. 2023-06 – The Thomas House July 6, 2023 Page 2 3 5 2 1 •Long term preservation of the property and visual improvement to the neighborhood •Allows for a mechanism to provide for property rehabilitation •Provides additional incentive for potential buyers to purchase historic structures •Discourages inappropriate alterations to the property In 2001, the Historic Resources Commission placed the Thomas House on the Register and within the “Key” category because of its distinctive architectural style and quality, as it is a significant illustration of the cross-gabled subtype of the Queen Anne style. Character-defining exterior features of the Thomas House that should be preserved include, but may not be limited to: complex roof configuration; two-story massing and composition; wood siding (in various widths); front porch (including porch columns, paneled porch ceiling, wood porch steps, etc.); bay window; windows throughout including double-hung wood windows with wood trim; pedestrian doors; brick chimney; architectural detailing (scalloped wood shingles, half-timbered gables, exposed beams under eaves designed with scalloped ends, fascia with rounded ends, rear gable railing, etc.); and original carriage house (detached garage). In 2018, the property received administrative approval for exterior modifications consisting of window trim restoration at the primary elevation, removal of unpermitted railing along the carriage house (detached garage), and front yard improvements including the installation of a “Hollywood Driveway,” with additional landscaping to the north of the driveway, and a new front yard wrought iron fence. All exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. It was noted during the 2023 site visit that all aforementioned items were implemented at the subject property except for installation of the Hollywood Driveway and adjacent landscaping to the north of the driveway. Staff will work with the property owner to ensure that the Hollywood Driveway and associated landscaping are installed as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. Additionally, during the 2023 site visit, staff noted the partial removal of non-compatible yellow textured glass from the rear sunroom and partial restoration of compatible clear glass. Additional non-compatible yellow textured glass was located on the rear door as well. Some wood rot was viewed throughout the exterior of the house, specifically at the rear staircase and front entry stairs. Staff will work with the property owner to address these concerns as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include repainting the exterior gate and home, repair front steps from possible termites, repair carriage doors, repairing wood windows throughout the property as needed to ensure operability, and general on-going maintenance. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character defining features as part of the Mills Act Agreement for this property. Historic Resources Commission 2-2 July 6, 2023 HPPA No. 2023-06 – The Thomas House July 6, 2023 Page 3 3 5 2 1 As part of the mills act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-61, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,212.75 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500’ Radius Map 3 - Site Photos – 621 North Spurgeon Street 4 - HRC Staff Report Historic Summary and Resolution (621 N. Spurgeon Street) 5 - Action Minutes HRC (621 N. Spurgeon Street) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 2-3 July 6, 2023 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 _________________________________________________________________________ HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement (“Agreement”) is made and entered into 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 Daniel Vogel and Diana Vogel, Husband and Wife as Joint Tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 621 North Spurgeon Street, Santa Ana, California, 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 621 North Spurgeon Street, Santa Ana, CA, 92701 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.City and 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 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. Historic Resources Commission 2-5 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -2 - E.Owner and 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 August 16, 2023, 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: 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 described in the “Historical Property Description” attached hereto, marked as Exhibit B, 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. Historic Resources Commission 2-6 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -3 - 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 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 C, and incorporated herein by this reference. Owner shall conti nually 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 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 alterations 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 inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s 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. 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 has 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 ½) percent by Government Code Section 50286) of the current fair market value of the Historic Resources Commission 2-7 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -4 - 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 immediately 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, 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 Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager 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 th ereafter be diligently pursued to completion by Owner), then 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 Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b.City does not waive any claim of default by the Owner if 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 City’s regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by 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.Owner hereby subjects the Historic Property, located at 621 North Spurgeon Street, Assessor Parcel Number, 398-236-02, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b.City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying Historic Resources Commission 2-8 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -5 - 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, conditions and restrictions are set forth in such contract, deed, or other instrument. 8.No Compensation. Owner shall not receive any payment from 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 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 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk’s Office Owners: Daniel and Diana Vogel 621 North Spurgeon Street Santa Ana, CA 92701 10.General Provisions. a.None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures 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, agent, 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. Historic Resources Commission 2-9 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -6 - 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 reas on of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d.All of the agreements, rights, covenants, conditions, 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, with venue in Orange County. 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.Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13.Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} 2-10Historic Resources Commission July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ JENNIFER L. HALL KRISTINE RIDGE Clerk of the Council City Manager OWNERS Date: ______________________ By:_________________________ DANIEL VOGEL Date: ______________________ By:_________________________ DIANA VOGEL APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ BRANDON SALVATIERRA MINH THAI Deputy City Attorney Executive Director Planning and Building Agency Historic Resources Commission 2-11 July 6, 2023 EXHIBIT A Historic Resources Commission 2-12 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE SOUTH 28 2/3 FEET OF LOTS 7 AND THE NORTH 36 FEET OF LOT 10 OF THE THOMAS ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 398-236-02 Historic Resources Commission 2-13 July 6, 2023 EXHIBIT B Historic Resources Commission 2-14 July 6, 2023 Page 1 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 NAME Thomas House REF. NO.26 ADDRESS 621 North Spurgeon Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1898 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Lacy NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted USGS 7.5” Quad Date: T R ¼ of ¼ of Sec : B.M. Prehistoric Historic Both ARCHITECTURAL STYLE: Queen Anne (Late Victorian) DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last 20 years of the 19th century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof, ornate decoration of wood or metal along the eave and in the gable end, avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal, and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well developed examples can be found in California and in the Southern states (McAlester, 263-268). Historic Resources Commission 2-15 July 6, 2023 Page 2 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) August 18, 1933. Alterations to residence. March 2, 1953. Alteration to private garage and storeroom. September 17, 1982. Repair fire damage to garage. October 13, 1982. Repair fire damaged garage. July 13, 1989. Restore historical residence, replace deteriorated siding, repair damaged sub-flooring, re-plaster ceiling and wall. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) Located on the east side of Spurgeon Street just south of East Civic Center Drive, this is a one and a half story residence in the Queen Anne (Late Victorian ) style. A hipped roof with lower cross gables caps the dwelling. Narrow horizontal siding covers the body of the house while the gable faces feature fishscale shingles. Two dormers, one hipped, the other gabled, emerge from the hipped roof over the façade. A large front gable over the south half of the façade provides a focal point and is detailed with a rounded bargeboard and open trusswork in the gable end. Two tall and narrow double-hung sash windows are centered within the gable face. Separating the roof from the house below, a plain frieze and a bracketed soffit circle the house. A cant bay is located beneath the front gable while a porch is recessed beneath the roof to the north. Suggesting a Colonial Revival influence, Tuscan posts and columns are set on a low porch wall to enclose the porch. Within the porch space, the entry consists of a paneled and glazed door framed by panels that may have been sidelights and a transom. Complemented by trees, lawn, and shrubbery, this highly intact house sits on a property bordered at the sidewalk by a low cement curb. A garage also located on the property was not inspected. HISTORIC HIGHLIGHTS: According to previous research, this house was constructed in 1898, a date consistent with its transitional design. It was originally owned by J. C. Thomas, a rancher and a director of the Santa Ana Valley Irrigation District. Now the only house remaining on this block of Spurgeon, the house occupies a portion of the original 2¾-acre parcel owned by Thomas (Treasures). RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single-family Property Historic Resources Commission 2-16 July 6, 2023 Page 3 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 RESOURCES PRESENT: Building Structure Object Site District Element of District Other MOVED? No Yes Unknown Date: Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Santa Ana’s population rose steadily in the late 1880s, survived the economic downturn in 1893, and continued to grow as the end of the century approached. As a result, numerous homes were constructed during this period. This house is significant architecturally as an example of the Queen Anne (Late Victorian) style as it was influenced by the Colonial Revival of the early 20th century. Queen Anne characteristics include the complex roofline, the treatment of the gable ends, the use of fishscale shingles, and the front bay projection. The porch design, with its Tuscan columns and posts, is more closely affiliated with the Colonial Revival style. The Thomas House retains good integrity. Character-defining original and restored exterior features, which should be preserved, include but may not be limited to: roof configuration and treatment; massing; exterior materials and finishes; fenestration; porch steps; and architectural detailing such as brackets, frieze, bargeboards, stickwork, and columns. SUMMARY/CONCLUSION: This property is currently listed in the Santa Ana Register of Historical Property and has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of the Queen Anne (Late Victorian) style (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Historic Resources Commission 2-17 July 6, 2023 Page 4 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: September 4, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) City of Santa Ana. Santa Ana’s Historic Treasures. Les, Kathleen. Historic Resources Inventory Lower French Park District, March 1980. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) 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. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: September 4, 2001 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) 5S1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. Historic Resources Commission 2-18 July 6, 2023 July 6, 2023 EXHIBIT C 2-19 Historic Resources Commission July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -1 - Exhibit C 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 b y 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 alterations 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 Historic Resources Commission 2-20 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 -2 - 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. Historic Resources Commission 2-21 July 6, 2023 1 9 9 9 9 HPPA-2023-06 621 NORTH SPURGEON STREET THOMAS HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y 500’ RADIUS SITE EXHIBIT 2 Historic Resources Commission 2-22 July 6, 2023 July 6, 2023 HPPA-2023-06 The Thomas House 621 North Spurgeon Street SITE PHOTOS EXHIBIT 3Historic Resources Commission 2-23 July 6, 2023 Historic Resources Commission 2-24 July 6, 2023 Historic Resources Commission 2-25 July 6, 2023 Historic Resources Commission 2-26 July 6, 2023 Historic Resources Commission 2-27 July 6, 2023 Historic Resources Commission 2-28 July 6, 2023 Historic Resources Commission 2-29 July 6, 2023 Historic Resources Commission 2-30 July 6, 2023 Historic Resources Commission 2-31 July 6, 2023 Historic Resources Commission 2-32 July 6, 2023 2. AYES: Chinn, Corpin, Gartner, Giles, NOES: None (0) ABSENT: Bustamante (1) ABSTENTION: None (0) Kings, O'Callaghan, Richardson (7) Filed by the City of Santa Ana to categorize various structures on the Santa Ana Register of Historical Properties. RECOMMENDATION: Adopt a resolution approving Historic Register Categorization No.'s 2001- 91 and 2001-105 through 107. Carlos Rodriguez, Assistant Planner I, presented the staff report and recommendation. Madame Chair Kings opened the public hearing. No written communications were received and there were no speakers on the matter. Madame Chair Kings closed the public hearing. Madame Chair Kings requested the following: Modify the template of Exhibit 4 page 2 under Historic Highlights as follows: "By 1934, James and Ada, and Vella, new the proprietor of the Spring Desert Tea Store, were the occupants. Motion to adopt a resolution approving Historic Register Categorization No's. 2001-91 and 2001-105 through 107 with modifications to the template. MOTION: Richardson SECOND: Chinn AYES: Chinn, Corpin, Gartner, Giles, Kings, p'Callaghan, Richardson (7) NOES: None (0) ABSENT: Bustamante (1) ABSTENTION: None (0) HISTORIC REGISTER CATEGORIZATION NO'S. 2001-108 THROGH 112. Filed by the City of Santa Ana to categorize various structures on the Santa Ana Register of Historical Properties. PUBLISHED !N THE REGISTER: September 24, 2001 PUBLICLY NOTICED: September 21, 2001 HISTORIC RESOURCES COMMISSION MINUTES 5 OCTOBER 4, 2001 PUBLISHED IN THE REGISTER: September 24, 2001 PUBLlCLYNOTICED: September 2l, 2001 Historic Resources Commission 2-33 July 6, 2023 Page 1 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 NAME Thomas House REF. NO.26 ADDRESS 621 North Spurgeon Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1898 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Lacy NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 5S1 Location: Not for Publication Unrestricted USGS 7.5” Quad Date: T R ¼ of ¼ of Sec : B.M. Prehistoric Historic Both ARCHITECTURAL STYLE: Queen Anne (Late Victorian) DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Queen Anne (Late Victorian) (also known as the Queen Anne Revival) dominated residential architectural design during the last 20 years of the 19th century in the West, and was nearly as influential on early commercial buildings. Identifying features include the front-facing gable roof, ornate decoration of wood or metal along the eave and in the gable end, avoidance of flat wall surfaces through the use of applied ornamentation of wood or metal, and classical columns or pilasters. Multi-storied residential and commercial examples often incorporated bay windows, sometimes topped with towers. The style borrowed heavily from late Medieval models, with the addition of other regional interpretations. Some of the most well developed examples can be found in California and in the Southern states (McAlester, 263-268). Historic Resources Commission 2-34 July 6, 2023 Page 2 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) August 18, 1933. Alterations to residence. March 2, 1953. Alteration to private garage and storeroom. September 17, 1982. Repair fire damage to garage. October 13, 1982. Repair fire damaged garage. July 13, 1989. Restore historical residence, replace deteriorated siding, repair damaged sub-flooring, re-plaster ceiling and wall. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None. DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) Located on the east side of Spurgeon Street just south of East Civic Center Drive, this is a one and a half story residence in the Queen Anne (Late Victorian ) style. A hipped roof with lower cross gables caps the dwelling. Narrow horizontal siding covers the body of the house while the gable faces feature fishscale shingles. Two dormers, one hipped, the other gabled, emerge from the hipped roof over the façade. A large front gable over the south half of the façade provides a focal point and is detailed with a rounded bargeboard and open trusswork in the gable end. Two tall and narrow double-hung sash windows are centered within the gable face. Separating the roof from the house below, a plain frieze and a bracketed soffit circle the house. A cant bay is located beneath the front gable while a porch is recessed beneath the roof to the north. Suggesting a Colonial Revival influence, Tuscan posts and columns are set on a low porch wall to enclose the porch. Within the porch space, the entry consists of a paneled and glazed door framed by panels that may have been sidelights and a transom. Complemented by trees, lawn, and shrubbery, this highly intact house sits on a property bordered at the sidewalk by a low cement curb. A garage also located on the property was not inspected. HISTORIC HIGHLIGHTS: According to previous research, this house was constructed in 1898, a date consistent with its transitional design. It was originally owned by J. C. Thomas, a rancher and a director of the Santa Ana Valley Irrigation District. Now the only house remaining on this block of Spurgeon, the house occupies a portion of the original 2¾-acre parcel owned by Thomas (Treasures). RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) HP2. Single-family Property Historic Resources Commission 2-35 July 6, 2023 Page 3 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 RESOURCES PRESENT: Building Structure Object Site District Element of District Other MOVED? No Yes Unknown Date: Original Location: STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as Rancho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. Following its incorporation as a city in 1886, Santa Ana was recognized as one of the leading communities in the area in 1889 when it became the seat of the newly created County of Orange. Santa Ana’s population rose steadily in the late 1880s, survived the economic downturn in 1893, and continued to grow as the end of the century approached. As a result, numerous homes were constructed during this period. This house is significant architecturally as an example of the Queen Anne (Late Victorian) style as it was influenced by the Colonial Revival of the early 20th century. Queen Anne characteristics include the complex roofline, the treatment of the gable ends, the use of fishscale shingles, and the front bay projection. The porch design, with its Tuscan columns and posts, is more closely affiliated with the Colonial Revival style. The Thomas House retains good integrity. Character-defining original and restored exterior features, which should be preserved, include but may not be limited to: roof configuration and treatment; massing; exterior materials and finishes; fenestration; porch steps; and architectural detailing such as brackets, frieze, bargeboards, stickwork, and columns. SUMMARY/CONCLUSION: This property is currently listed in the Santa Ana Register of Historical Property and has been categorized as “Key” because it “has a distinctive architectural style and quality” as an example of the Queen Anne (Late Victorian) style (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Historic Resources Commission 2-36 July 6, 2023 Page 4 of 4 cm\historic\templates\Spurgeon N 621 (Thomas) 9/24/01 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: September 4, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) City of Santa Ana. Santa Ana’s Historic Treasures. Les, Kathleen. Historic Resources Inventory Lower French Park District, March 1980. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) 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. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: September 4, 2001 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) 5S1: Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. Historic Resources Commission 2-37 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 1 - Exhibit C 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 alterations 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 Historic Resources Commission 2-38 July 6, 2023 MILLS ACT AGREEMENT 621 North Spurgeon Street Santa Ana, CA 92701 - 2 - 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. Historic Resources Commission 2-39 July 6, 2023