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HomeMy WebLinkAboutItem 21 - Approval of Historic Property Preservation Agreements Planning and Building Agency www.santa-ana.org/planning-and-building Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 21, 2023 TOPIC: Approval of Historic Property Preservation Agreements AGENDA TITLE: Historic Property Preservation Agreements RECOMMENDED ACTION Authorize the City Manager or designee to execute the attached Mills Act Agreements 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 Historic Resources Commission Jim Perez 2022-12 2218 N Ross Street 7:0:0:2 (Carpenter and Pena Sarmiento Absent) Carolyn Almquist 2022-18 2003 N Victoria Drive 7:0:0:2 (Carpenter and Pena Sarmiento Absent) Liennette Chung representing Wild Orchid Investments LLC 2022-19 313 N Birch Street 7:0:0:2 (Carpenter and Pena Sarmiento Absent) Andrew Chu 2022-21 501 E Washington Avenue 7:0:0:2 (Carpenter and Pena Sarmiento Absent) Scott and Lisa Michaelis 2022-22 2123 N Freeman Street 7:0:0:2 (Carpenter and Pena Sarmiento Absent) Eric Neigher and Jennifer Nguyen 2022-23 1915 N Flower Street 8:0:0:1 (Mark McLoughlin Absent) Matthew L. and Robert D. Hale 2022-24 947 W Buffalo Avenue 8:0:0:1 (Mark McLoughlin Absent) Approval of Historic Property Preservation Agreements March 21, 2023 Page 2 3 2 4 2 DISCUSSION On November 3, 2022, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreements 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 2022-12, 2022-18, 2022-19, 2022-21, and 2022- 22. On January 19, 2023, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the following Mills Act agreements 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 2022-23 and 2022-24 . 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). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: •ER No. 2022-102 (2123 N Freeman Street) •ER No. 2022-103 (2218 N Ross Street) •ER No. 2022-104 (313 N Birch Street) •ER No. 2022-105 (501 E Washington Avenue) •ER No. 2022-106 (2003 N Victoria Drive) •ER No. 2022-125 (947 W Buffalo Avenue) •ER No. 2022-126 (1915 N Flower Street) FISCAL IMPACT The Historic Property Preservation Agreements will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $10,505.53 annually noted below, for a period of not less than ten years. HPPA No.Address Estimate Exhibit No. 2022-12 2218 N. Ross Street $1,008.83 1-2 2022-18 2003 N. Victoria Drive $1,910.60 3-4 2022-19 313 N. Birch Street $3,017.77 5-6 2022-21 501 E. Washington Avenue $653.85 7-8 2022-22 2123 N. Freeman Street $1,501.50 9-10 2022-23 1915 N. Flower Street $1,564.68 11-12 2022-24 947 W. Buffalo Ave $848.30 13-14 Total for All Properties:$10,505.53 Approval of Historic Property Preservation Agreements March 21, 2023 Page 3 3 2 4 2 EXHIBIT(S) 1. Mills Act Agreement – 2218 N Ross Street 2. HRC Staff Report – 2218 N Ross Street 3. Mills Act Agreement – 2003 N Victoria Drive 4. HRC Staff Report – 2003 N Victoria Drive 5. Mills Act Agreement – 313 N Birch Street 6. HRC Staff Report – 313 N Birch Street 7. Mills Act Agreement – 501 E Washington Avenue 8. HRC Staff Report – 501 E Washington Avenue 9. Mills Act Agreement – 2123 N Freeman Street 10. HRC Staff Report – 2123 N Freeman Street 11. Mills Act Agreement – 1915 N Flower Street 12. HRC Staff Report – 1915 N Flower Street 13. Mills Act Agreement – 947 W Buffalo Avenue 14. HRC Staff Report – 947 W Buffalo Avenue 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: Clerk of the Council 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 Jim Perez, a Married Man as his Sole and Separate Property, (hereinafter collectively referred to as “Owner”), owner of real property located at 2218 North Ross 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 2218 North Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C.The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.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 2118 North Ross Street Santa Ana, CA 92706 - 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 March 22, 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 2118 North Ross Street Santa Ana, CA 92706 - 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 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 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 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 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 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 2218 North Ross Street, Assessor Parcel Number, 002-112-08, 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 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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: Clerk of the Council Owners: Jim Perez 2218 North Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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. MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 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. {Signature page follows} MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ ________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ___________________ By:__________________ JIM PEREZ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Assessor’s Parcel Number: 002-112-08 EXECUTIVE SUMMARY LeRoy Quick House 2218 N Ross Street Santa Ana, CA 92706 NAME LeRoy Quick House REF. NO. ADDRESS 2218 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1950 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact and highly individual example of the late Tudor Revival style in Santa Ana, keynoted by partial stone construction. The recommended categorization is “Landmark” because it has unique architectural significance as an example of the post-World War II Tudor Revival style with a partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values •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. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation Exhibit B State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _4_ Resource name(s) or number (assigned by recorder) LeRoy Quick House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad Orange Quadrangle 2022 Date: 2022 *c. Address 2218 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Located on the west side of North Ross Street, near the intersection of West Santa Clara Avenue and North Ross Street. Assessor’s Parcel Number 002-112-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the west side of North Ross Street, the LeRoy Quick House is a one-story, single-family residential building constructed partially of stone in the Tudor Revival architectural style. The subject property consists of a long, narrow lot that contains the residence to the east (front) and a detached garage to the west (rear). The asymmetrical residence has a T-shaped footprint. It features a steeply pitched, cross-gable roof at the front of the building, a hip roof at the rear, and an attached stone chimney at the south towards the rear. The roof is clad in composition shingles and has minimal overhanging eaves. Fieldstone construction distinguishes entire façade of the building, inclusive of wing walls at each end, and a portion of the south elevation. Other cladding includes stucco, lapboard, and vertical siding along the building’s secondary facades. Offset to the north, the prominent front gable contains the deeply recessed main entrance, consisting of a six-panel wood door topped with a diamond-paned transom. Steel-framed windows, both casement and fixed, are utilized throughout the building. Façade fenestration includes a pair of multi-paned, steel-framed casement and fixed windows flanking the entrance bay and, to the south, a row of four casements (two double windows) with distinctive, diamond-shaped, leaded and partially stained glass paning. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence; HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) Primary East Elevation and South Elevation, view Northwest September 2022 *P6. Date Constructed/Age and Sources: historic 1950/ City of Santa Ana Building Permits *P7. Owner and Address: Jim Perez 2218 N Ross Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 3, 2022 *P10. Survey Type : Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95) *Required information P5a. Photo State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code_5S3 _________________________ *Resource Name or #: LeRoy Quick House B1. Historic Name: LeRoy Quick House B2. Common Name: None B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): October 18, 1950. Constructed as a 6 room residence and garage. $23,000. September 25, 1989. Repair firewall, install drywall, and close window in garage. May 14, 2015. Remove existing roof from SFR with detached garage, install new composition shingle like for like, and replace sheathing as needed. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Howard Renshaw (builder) *B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1950 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The LeRoy Quick House is architecturally significant as a highly intact and distinctive example of the late Tudor Revival style. This house was constructed in 1950 by builder Howard Renshaw and valued at $23,000 according to the original building permit. Notable for the masonry construction that expresses the Tudor Revival design, it is just one of two homes in the Floral Park neighborhood that is constructed with fieldstone at its primary façade and one of a limited number of stone buildings in Santa Ana. The first owner of the subject property was LeRoy Quick, who developed the property and owned and occupied it until at least 1979. Archival research did not uncover additional information regarding Mr. Quick or later occupants of the home. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: November 3, 2022 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) LeRoy Quick House 2218 N Ross Street State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_ Resource Name: LeRoy House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022  Continuation  Update DPR 523L *P3a. Description (continued): The prominent stone chimney at the south elevation features the characteristic Tudor Revival height and extends to the exterior foundation; walls to either side are also of stone construction. A covered patio extends outward from the rear (west) façade. Other notable features include wooden vents at gable ends, awnings, and wood shutters. The property is landscaped with a mature tree, a lawn, manicured low shrubs, and a curved, brick-paved walkway that leads from the driveway to the main entrance, also brick-paved. A driveway parallels the south elevation and leads to the detached, one-story, two-car garage, which is setback behind a wood double gate. The stucco-covered garage is capped by a hipped roof clad in composition shingles. The garage’s north façade features two pedestrian doors situated below shingle-clad shed roof hoods. Its windows match those on the main residence, with a single steel-framed casement window on the north façade and two steel-frame multi-paned casement and fixed windows on the rear (west) elevation. A low wall made of the same fieldstone as the residence is just north of the garage in the backyard. Minor alterations to the property include a small area of glass block wall on a side elevation. *B10. Significance (continued): The LeRoy Quick 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 orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact and highly individual example of the late Tudor Revival style in Santa Ana, keynoted by partial stone construction. The recommended categorization is “Landmark” because it has unique architectural significance as an example of the post-World War II Tudor Revival style with partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). In addition to the partial stone construction, the house also showcases the asymmetrical massing, vertical emphasis of roof and chimney, and storybook quality of fenestration that typify the Tudor Revival. Character-defining features of the house include its steeply pitched, cross-gabled and hipped roof; minimal overhanging eaves; a prominent front-gabled entry bay; fieldstone walls which extend along the entire primary (east) façade of the building to either side of the chimney on the south elevation; stucco, lapboard, and vertical siding; a prominent stone chimney; fenestration that includes, multi-paned and diamond-paned, casement and picture windows with steel frames; a recessed primary entrance; vents at gable ends; shed roofs over secondary entries; wood shutters; and a fieldstone wall in the backyard. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_ Resource Name: LeRoy House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022  Continuation  Update DPR 523L Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 – LeRoy Quick House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022-15 and Historic Register Categorization No. 2022-9 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jim Perez, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Jim Perez is requesting approval to designate an existing residence located at 2218 North Ross 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. DISCUSSION Project Location and Site Description The subject property is located on the west side of North Ross Street in the Floral Park neighborhood. The site contains a 1,996-square-foot, Tudor Revival style residence and detached garage on an 11,813-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical 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 a historical 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 Historic Resources Commission 2 – 1 11/3/2022 Exhibit 2 HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 – LeRoy Quick House November 3, 2022 Page 2 3 0 3 4 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 the 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, as the structure is 65 years old and is a good example of period architecture. No known code violations exist on record for this property. The LeRoy Quick House is architecturally significant as a highly intact and characteristic example of the Tudor Revival style. This house was originally constructed in 1950 and valued at $23,000 according to the original building permit. It is just one of two homes in the Floral Park neighborhood that is constructed with fieldstone at its primary façade. The first owner of the subject property was LeRoy Quick who developed the property and owned and occupied it until at least 1979. Archival research did not uncover additional information regarding Mr. Quick or later occupants of the home. The LeRoy Quick House is a one-story, single-family residential building constructed in the Tudor Revival architectural style with partial stone construction. The subject property is made up of a long, narrow lot that contains the residence to the east and a detached garage to the west. The asymmetrical residential building has a T-shaped footprint. It features a steeply pitched, cross gable at the front of the building, a hip roof at the rear, and a chimney at the south. The roof is clad in composition shingles and has minimal overhanging eaves. The prominent front-facing gable over entrance is clad in stone, which extends along the entire façade of the building and to the side yard walls and driveway gate. Other cladding includes stucco, lapboard, and vertical siding along the building’s secondary facades. The main entrance is recessed into the building and consists of a single wood door with an overhead transom with diamond panes. A pair of multi-pane steel-frame casement and fixed windows flank the main entrance. The primary façade’s south architectural bay contains two steel-frame double casement windows with diamond lead panes and minimal stained glass. Additional building fenestration includes multi-pane steel-frame casement and fixed windows on the south, rear (west), and north elevations. The north side also includes glass block fenestration. A pedestrian door with a single fixed lite is set under a shed roof and is raised above two brick-clad steps with wood railings, at the building’s south elevation. A deeply recessed pedestrian wood door with a fixed, multi-pane lite is situated at the rear (west) elevation. The prominent stone chimney at the south elevation extends to the exterior foundation and is flanked by partial stone construction. A covered patio extends outward from the rear (west) façade. Other notable features include vents at gable ends, awnings, and wood shutters. The property is landscaped with a mature tree, a lawn, manicured low shrubs, and a curved walkway that leads from the driveway to the main entrance. A driveway parallels the south elevation and leads to the detached, one-story, two-car garage, which is setback behind a wood double gate. The garage contains a hipped roof clad in composition shingles and   Historic Resources Commission 2 – 2 11/3/2022   HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 – LeRoy Quick House November 3, 2022 Page 3 3 0 3 4 has stucco siding along its facades. The garage’s north façade features two pedestrian doors situated below shingle-clad shed roof awnings. Its windows match those on the main residence, with a single steel-frame casement window on the north façade and two steel-frame multi-paned casement and fixed windows on the rear (west) façade. A low wall made of the same fieldstone that constructs the residence’s primary façade is just north of the garage in the backyard. There appear to be little to no building alterations. Character-defining features of the LeRoy Quick House include, but may not be limited to: its steeply pitched, cross-gabled and hipped roof; minimal overhanging eaves; a prominent front-facing gable over entrance; stone cladding, which extends along the entire primary (east) façade of the building and to the side yard walls and driveway gate; stucco, lapboard, and vertical siding; a prominent stone chimney that extends to the exterior foundation and is flanked by partial stone construction; fenestration that includes, multi-paned and diamond-paned, casement and picture windows with steel frames; a recessed primary entrance; vents at gable ends; awnings; wood shutters; and a stone wall in the backyard that is built out of the same fieldstone that clads the primary façade. The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact example of the Tudor Revival style with a partial stone construction in Santa Ana. The house displays characteristics of the Tudor Revival style through its steeply pitched, cross-gable roof; primary façade dominated by a single, prominent front-facing steeply pitched gable; tall, multi-pane glazed lites; leaded glass with diamond shaped panes; exterior stonework; and massive chimney. The recommended categorization is “Landmark” because it has unique architectural significance as an example of the post-World War II Tudor Revival style with a partial stone construction in Floral Park and Santa Ana. This category is reserved for structures exemplifying high architectural significance with potential eligibility to be placed on the National or State historic registers, and/or possesses unique architectural significance within the City of Santa Ana. The property is worth of “Landmark” status due to the building’s intense use of stone construction throughout the primary façade, chimney, and low wall in the rear yard, in addition to the rare occurrence of well-maintained original multi-paned and diamond-paned casement and picture steel-frame windows. 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 2). 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 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   Historic Resources Commission 2 – 3 11/3/2022   HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 – LeRoy Quick House November 3, 2022 Page 4 3 0 3 4 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 for a mechanism to provide for property rehabilitation •Provides additional incentive for potential buyers to purchase historic structures •Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. The following list includes the proposed structure improvements/maintenance plan for the subject property, which shall be completed over the course of the next ten years: 1. Painting 2. Landscaping Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. 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. 2022-103 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 $1,008.83 annually, for a period of not less than ten years. EXHIBIT(S)   Historic Resources Commission 2 – 4 11/3/2022   HRCA No. 2022-15, HRC 2022-9, HPPA No. 2022-12 – LeRoy Quick House November 3, 2022 Page 5 3 0 3 4 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map 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 – 5 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 1 of 5 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-15 TO PLACE THE PROPERTY LOCATED AT 2218 N ROSS STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-9 PLACING SAID PROPERTY WITHIN THE LANDMARK CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 3, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-15) and categorization (Historic Resources Commission Categorization No. 2022-9) of the LeRoy Quick House located at 2218 North Ross Street, Santa Ana. B. The LeRoy Quick House has distinctive architectural features of the Tudor Revival style with partial stone construction and was built in 1950. C. The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact example of the Tudor Revival style with a partial stone construction in Santa Ana. The recommended categorization is “Landmark” because it has unique architectural significance as an example of the post-World War II Tudor Revival style with a partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Tudor Revival style exhibited by the house include its steeply pitched, cross-gabled and hipped roof; minimal overhanging eaves; a prominent front-facing gable over entrance; stone cladding, which extends along the entire primary (east) façade of the building and to the side yard walls and driveway gate; stucco, lapboard, and vertical siding; a prominent stone chimney that extends to the exterior foundation and is flanked by partial stone construction; fenestration that includes, multi-paned and diamond-paned, casement and picture windows with steel frames; a recessed primary entrance; vents at gable ends; awnings; wood shutters; and a stone wall in the backyard that is built out of the same fieldstone that clads the primary façade. D. The legal owner of the property is Jim Perez.   Historic Resources Commission 2 – 6 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 2 of 5 E. The legal description for the subject property is attached hereto a s Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-103 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-15 to place the LeRoy Quick House located at 2218 N Ross Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-9 placing the LeRoy Quick House located at 2218 N Ross Street, Santa Ana, 92706 within the Landmark category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidenc e submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 3rd day of November, 2022. __________________________ Tim Rush Chairperson   Historic Resources Commission 2 – 7 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 3 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Chief Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 3, 2022. Date: ________________ ____________________________________ Acting Commission Secretary City of Santa Ana   Historic Resources Commission 2 – 8 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-112-08 2218 North Ross Street Jim Perez THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.   Historic Resources Commission 2 – 9 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 5 of 5 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2021-21 and Historic Resources Commission Categorization No. 2022-15 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2218 North Ross Street, historically known as the LeRoy Quick House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Plan ning Division staff.   Historic Resources Commission 2 – 10 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Jim Perez, a Married Man as his Sole and Separate Property, (hereinafter collectively referred to as “Owner”), owner of real property located at 2218 North Ross 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 2218 North Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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 – 11 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 February 8, 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 – 12 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 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 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 – 13 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 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 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 2218 North Ross Street, Assessor Parcel Number, 002-112-08, 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 – 14 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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: Clerk of the Council Owners: Jim Perez 2218 North Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 – 15 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 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. {Signature page follows}   Historic Resources Commission 2 – 16 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ ________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ___________________ By:__________________ JIM PEREZ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency   Historic Resources Commission 2 – 17 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA AND DESCRIBED AS FOLLOWS: LOT 3 OF TRACT NO. 946, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 3 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Assessor’s Parcel Number: 002-112-08   Historic Resources Commission 2 – 18 11/3/2022   1 4 6 8 9 EXECUTIVE SUMMARY LeRoy Quick House 2218 N Ross Street Santa Ana, CA 92706 NAME LeRoy Quick House REF. NO. ADDRESS 2218 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1950 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Originating in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY/CONCLUSION: The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact and highly individual example of the late Tudor Revival style in Santa Ana, keynoted by partial stone construction. The recommended categorization is “Landmark” because it has unique architectural significance as an example of the post-World War II Tudor Revival style with a partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES:  California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values  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. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation   Historic Resources Commission 2 – 19 11/3/2022   State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________Reviewer________________________Date_______________ Page _1_ of _4_ Resource name(s) or number (assigned by recorder) LeRoy Quick House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad Orange Quadrangle 2022 Date: 2022 *c. Address 2218 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Located on the west side of North Ross Street, near the intersection of West Santa Clara Avenue and North Ross Street. Assessor’s Parcel Number 002-112-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the west side of North Ross Street, the LeRoy Quick House is a one-story, single-family residential building constructed partially of stone in the Tudor Revival architectural style. The subject property consists of a long, narrow lot that contains the residence to the east (front) and a detached garage to the west (rear). The asymmetrical residence has a T-shaped footprint. It features a steeply pitched, cross-gable roof at the front of the building, a hip roof at the rear, and an attached stone chimney at the south towards the rear. The roof is clad in composition shingles and has minimal overhanging eaves. Fieldstone construction distinguishes entire façade of the building, inclusive of wing walls at each end, and a portion of the south elevation. Other cladding includes stucco, lapboard, and vertical siding along the building’s secondary facades. Offset to the north, the prominent front gable contains the deeply recessed main entrance, consisting of a six-panel wood door topped with a diamond-paned transom. Steel-framed windows, both casement and fixed, are utilized throughout the building. Façade fenestration includes a pair of multi-paned, steel-framed casement and fixed windows flanking the entrance bay and, to the south, a row of four casements (two double windows) with distinctive, diamond-shaped, leaded and partially stained glass paning. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes)HP2. Single-Family Residence; HP4. Ancillary building *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) Primary East Elevation and South Elevation, view Northwest September 2022 *P6. Date Constructed/Age and Sources: historic 1950/ City of Santa Ana Building Permits *P7. Owner and Address: Jim Perez 2218 N Ross Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 3, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95)*Required information P5a. Photo   Historic Resources Commission 2 – 20 11/3/2022   State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code_5S3 _________________________ *Resource Name or #: LeRoy Quick House B1. Historic Name: LeRoy Quick House B2. Common Name: None B3. Original Use: Single-Family Residence B4. Present Use: Single-Family Residence *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): October 18, 1950. Constructed as a 6 room residence and garage. $23,000. September 25, 1989. Repair firewall, install drywall, and close window in garage. May 14, 2015. Remove existing roof from SFR with detached garage, install new composition shingle like for like, and replace sheathing as needed. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect:Unknown b. Builder: Howard Renshaw (builder) *B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1950 Property Type: Single-Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The LeRoy Quick House is architecturally significant as a highly intact and distinctive example of the late Tudor Revival style. This house was constructed in 1950 by builder Howard Renshaw and valued at $23,000 according to the original building permit. Notable for the masonry construction that expresses the Tudor Revival design, it is just one of two homes in the Floral Park neighborhood that is constructed with fieldstone at its primary façade and one of a limited number of stone buildings in Santa Ana. The first owner of the subject property was LeRoy Quick, who developed the property and owned and occupied it until at least 1979. Archival research did not uncover additional information regarding Mr. Quick or later occupants of the home. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: November 3, 2022 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.) LeRoy Quick House 2218 N Ross Street   Historic Resources Commission 2 – 21 11/3/2022   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_Resource Name: LeRoy House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022  Continuation  Update DPR 523L *P3a. Description (continued): The prominent stone chimney at the south elevation features the characteristic Tudor Revival height and extends to the exterior foundation; walls to either side are also of stone construction. A covered patio extends outward from the rear (west) façade. Other notable features include wooden vents at gable ends, awnings, and wood shutters. The property is landscaped with a mature tree, a lawn, manicured low shrubs, and a curved, brick-paved walkway that leads from the driveway to the main entrance, also brick-paved. A driveway parallels the south elevation and leads to the detached, one-story, two-car garage, which is setback behind a wood double gate. The stucco-covered garage is capped by a hipped roof clad in composition shingles. The garage’s north façade features two pedestrian doors situated below shingle-clad shed roof hoods. Its windows match those on the main residence, with a single steel-framed casement window on the north façade and two steel-frame multi-paned casement and fixed windows on the rear (west) elevation. A low wall made of the same fieldstone as the residence is just north of the garage in the backyard. Minor alterations to the property include a small area of glass block wall on a side elevation. *B10. Significance (continued): The LeRoy Quick 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 orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2022) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The LeRoy Quick House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a very intact and highly individual example of the late Tudor Revival style in Santa Ana, keynoted by partial stone construction. The recommended categorization is “Landmark” because it has unique architectural significance as an example of the post-World War II Tudor Revival style with partial stone construction in Floral Park and Santa Ana (Santa Ana Municipal Code, Section 30-2.2). In addition to the partial stone construction, the house also showcases the asymmetrical massing, vertical emphasis of roof and chimney, and storybook quality of fenestration that typify the Tudor Revival. Character-defining features of the house include its steeply pitched, cross-gabled and hipped roof; minimal overhanging eaves; a prominent front-gabled entry bay; fieldstone walls which extend along the entire primary (east) façade of the building to either side of the chimney on the south elevation; stucco, lapboard, and vertical siding; a prominent stone chimney; fenestration that includes, multi-paned and diamond-paned, casement and picture windows with steel frames; a recessed primary entrance; vents at gable ends; shed roofs over secondary entries; wood shutters; and a fieldstone wall in the backyard. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017.   Historic Resources Commission 2 – 22 11/3/2022   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_Resource Name: LeRoy House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022  Continuation  Update DPR 523L Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989   Historic Resources Commission 2 – 23 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 – 24 11/3/2022   MILLS ACT AGREEMENT 2118 North Ross Street Santa Ana, CA 92706 - 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 – 25 11/3/2022   HRC 2022-9/ HRCA 2021-15/ HPPA 2022-12 2118 North Ross Street LEROY QUICK 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   Historic Resources Commission 2 – 26 11/3/2022   O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com Kelly Arcadio CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 2218 N Ross Street 10/21/2022 Publication Total $119.35 $119.35 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3636468 !A000006145256! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process.We encourage you to contact us prior to the Public Hearing if you have any questions . Historic Resources Commission Action:The Historic Resources Commission will hold a Public Hearing to receive public testimony,and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location:2218 N.Ross Street (historically known as the LeRoy House) located in the Single Family Residential (R-1)zoning district. Project Applicant:Jim Perez Proposed Project:The applicant is requesting approval of Historic Resources Commission Application No.2022-15,Historic Register Categorization No.2022-9,and Historic Property Preservation Agreement No.2022-12 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Key for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact:In accordance with the California Environmental Quality Act,the recommended action is exempt from further review under Section 15331, Class 31,as this action is designed to preserve a historic resource.Categorical Exemption No.2022-103 will be filed for this project. Meeting Details:This matter will be heard on November 3,2022 at 4:30 p.m. in the City Council Chambers,22 Civic Center Plaza,Santa Ana,CA 92701. Members of the public may attend this meeting in-person or join via Zoom.For the most up to date information on how to participate virtually in this meeting,please visit www.santa-ana.org/pb/meeting- participation. Written Comments:If you are unable to participate in the meeting,you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item #in the subject line)or mail to Chelsea Shafer, Acting Recording Secretary,City of Santa Ana,20 Civic Center Plaza –M20,Santa Ana,CA 92701.Deadline to submit written comments is 3:00 p.m.on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s),including the full text of the discretionary item,may be found on the City website 72 hours prior to the public hearing at:https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any questions,please contact Andrea Dumovich Heywood with the Planning and Building Agency at aheywood@santa-ana.org or 714-647- 5899. Note:If you challenge the decision on the above matter,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at,or prior to,the public hearing. Si tiene preguntas en español,favor de llamar a Kelly Arcadio (714)647-5881. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565-2627. 10/21/22 OR-3636468#   Historic Resources Commission 2 – 27 11/3/2022   CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: 2218 N. Ross Street (historically known as the LeRoy Quick House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Jim Perez Proposed Project: The applicant is requesting approval of Historic Resources Commission Application No. 2022-15, Historic Register Categorization No. 2022-9, and Historic Property Preservation Agreement No. 2022-12 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Landmark for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022 -103 will be filed for this project. Meeting Details: This matter will be heard on November 3, 2022 at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.   +iVtoric 5eVoXrceV CoPPiVVion 2 – 28 112022   Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at aheywood@santa-ana.org or 714-647-5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Kelly Arcadio (714) 647-5881. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Publish: OC Reporter Date: October 21, 2022 SITE   Historic Resources Commission 2 – 29 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Carolyn D. Almquist, Trustee of The Carolyn D. Greenberg Living Trust, dated April 4, 2018, (hereinafter collectively referred to as “Owner”), owner of real property located at 2003 N. Victoria Drive, 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 2003 N. Victoria Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C.The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.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 3 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 March 22, 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 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 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 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 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 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 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 2003 N. Victoria Drive, Assessor Parcel Number, 002-151-14, 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 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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: Clerk of the Council Owners: Carolyn D. Almquist 2003 N. Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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. MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 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. {Signature page follows} MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ CAROLYN D. ALMQUIST TRUSTEE OF THE CAROLYN D. GREENBERG LIVING TRUST, DATED APRIL 4, 2018 APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF BROADWAY, FORMERLY WEST STREET 253.64 FEET NORTH OF THE SOUTHEAST CORNER OF THE RESUBDIVISION OF ORANGE GROVE TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 2 PAGE 9, MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WEST 225 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 198.5 FEET TO THE EAST LINE OF VICTORIA DRIVE; THENCE SOUTH ALONG THE EAST LINE OF VICTORIA DRIVE, 88 FEET TO THE SOUTH LINE OF THE LAND CONVEYED TO ROY RUSSELL AND WIFE, BY DEED RECORDED SEPTEMBER 10, 1921 IN BOOK 396 PAGE 310, DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID SOUTH LINE AND EXTENSION THEREOF 198.5 FEET TO A POINT 225 FEET WEST OF THE WEST LINE OF BROADWAY; THENCE NORTH PARALLEL WITH THE WEST LINE OF BROADWAY, 88 FEET TO THE POINT OF BEGINNING. Assessor’s Parcel Number: 002-151-14 EXECUTIVE SUMMARY COTANT HOUSE 2003 North Victoria Drive Santa Ana, CA 92706 NAME Cotant House REF. NO. ADDRESS 2003 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 3S Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadaña); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Cotant House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. In addition, the Cotant House has been categorized as “Landmark” because the building “appears to be eligible” to be placed on the National Register and the California Register and “has a unique architectural significance” as an intact and representative example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. •National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing. Exhibit B State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _4_ Resource name(s) or number (assigned by recorder) Cotant House P1. Other Identifier: *P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 2003 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-151-14; ORANGE GROVE TR LOT 88 X 198.5 FT. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A low-pitched, cross-gabled, red-tiled roof characterizes this two-story Spanish Colonial Revival house. Shallow eaves and exposed rafter tails trim the roof edges. Smooth stucco finishes the exteriors. The asymmetrical, rectangular, west-facing residence has a cantilevered Monterey style balcony that wraps around its south wing. Balcony detailing includes exposed beam supports and turned balusters punctuated by square wood posts. The larger north wing of the house is defined by a series of second floor multi-pane casement windows. On the first floor of the north wing, a pair of narrow multi-pane casements flank a center fixed window with a decorative molded hood. On the lower northwest corner, a pierced stucco screen in a diamond pattern shields the recessed window behind it. Projecting from the center of the façade, the front-gabled center wing contains the deeply recessed entry. A solid wood door is embellished with iron bolts and iron hardware. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: „Building †Structure †Object †Site †District †Element of District †Other P5b. Photo: (view and date) West elevation January 2003 *P6. Date Constructed/Age and Sources: „historic 1928 / City of Santa Ana Building Permits *P7. Owner and Address: Michael & Joanne Sokolski 2003 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 30, 2003 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None. *Attachments: †None †Location Map †Sketch Map „Continuation Sheet „Building, Structure, and Object Record †Archaeological Record †District Record †Linear Feature Record †Milling Station Record †Rock Art Record †Artifact Record †Photograph Record † Other (list) DPR 523A (1/95) *Required information P5a. Photo State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code_ 3S_________________________ *Resource Name or #: Cotant House B1. Historic Name: Cotant House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): November 26, 1928. Residence and garage. Owner, Roy Russell. $15,000. December 2, 1954. Termite repairs for Dr. George Hawkins. $435. March 23, 1956. Swimming pool (18’ x 36’) for Dr. L. Cella. November 20, 1964. Remodel kitchen and add back porch for Dr. L. J. Cella. $4,500. June 28, 1990. Remodel interior floor plan, enclose porch (room addition, second floor bath). $85,000. *B7. Moved? „No †Yes †Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: Detached garage, mature tree in front yard. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Cotant House is architecturally distinguished as an intact and characteristic example of the Spanish Colonial Revival style which achieves added prominence through its generous scale. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the original, 1928 building permit, the owner and builder was Roy Russell, the primary developer of North Victoria Drive. The house and garage cost $15,000, a large sum at the time. The first owner residents, according to the 1931 Orange County Directory, were Charles L. and Eileen Cotant. Mr. Cotant was the manager of Bank of America. In 1934, the Orange County Directory indicated that physician Francis M. Findlay and his wife Lois were the occupants. From 1935 until 1939, the owner was (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: January 30, 2003 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Cotant House 2003 North Victoria Dr. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_ Resource Name or # (Assigned by recorder) Cotant House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date January 30, 2003 ⌧ Continuation † Update DPR 523L *P3a. Description (continued): Wrought iron sconces flank the opening, with a small window enhanced by a wrought iron grille to one side and a double casement window on the other. Arched corbelling marks a shallow second story overhang. Another pierced stucco screen is adjacent to the balcony. The south elevation is marked by a red brick chimney while the north elevation features a bay with molded hood on the ground floor. An iron gate blocks the concrete driveway leading to the original two-car garage along the rear of the property. The garage, like the house, is side-gabled with a red tile roof and stucco finish. The meticulously tended grounds are a mix of subtropical vegetation, a broad expanse of lawn in front, and shaped hedges. A large, mature tree shades the south half of the front yard near the house. The residence, garage, and grounds appear original and are in excellent condition. *B10. Significance (continued): Frank Curran, president of Frank Curran Lumber Company, and his family. From 1940 until at least 1945, Herschel R. and Floss M. Brinkerhoff were residents. Mr. Brinkerhoff was the principal of “ H. R. Brinkerhoff and company and outdoor bowling alley”. The Cotant House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Cotant House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. Characteristic features of the style include the signature combination of stucco exteriors and red clay tiled roofing, broad asymmetrical massing, corbelled overhang, Moorish inspired pierced stucco screens, and wooden balcony. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. Additionally, the house has been categorized as “Landmark” for its unique architectural significance as an example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Cotant House are considered character defining and should be preserved. These features include, but may not be limited to: materials (wood) and finishes (stucco); roof configuration, materials and treatment; massing and composition; balcony; porch; projections; doors and windows; chimney; architectural detailing (pierced screens, wrought iron elements, sconces, etc.); original garage, and landscape features such as subtropical vegetation and mature trees. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_ Resource Name or # (Assigned by recorder) Cotant House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date January 30, 2003 ⌧ Continuation † Update DPR 523L *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. “Alison Honer Dies at 84,” The Santa Ana Journal, September 21, 1981. “Builder of Honer Plaza Dies,” Orange County Register, September 15, 1981. “History of Floral Park.” http://www.floral-park.com/page2.html Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens, Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1927-1941, 1945, 1947. MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 # d City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HPPA No. 2022-18 – Cotant House RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Carolyn D. Almquist for the property located at 2003 N. Victoria Drive, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Carolyn D. Almquist is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 2003 N. Victoria Drive that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Cotant House, consists of an existing two-story Spanish Colonial Revival style residence that is approximately 3,600 square feet in size on a 17,800- square-foot residential lot (Exhibit 2). The Cotant House was added to the Santa Ana Register of Historical Properties (“Register”) in 2003 and categorized as “Landmark.” 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 Contributive, 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 Historic Resources Commission d – 1 11/3/2022 Exhibit 4 HPPA No. 2022-18 – Cotant House November 3, 2022 Page 2 2 9 1 4 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 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 2003, the Historic Resources Commission placed the Cotant House on the Register and within the “Landmark” category because the property appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. Additionally, the house was categorized as “Landmark” for its exemplification of the Spanish Colonial Revival style and because it contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. Character-defining exterior features of the Cotant House that should be preserved include, but may not be limited to: materials (wood) and finishes (stucco); roof configuration, materials and treatment; massing and composition; balcony; porch; projections; doors and windows; chimney; architectural detailing (pierced screens, wrought iron elements, sconces, etc.); original garage, and landscape features such as subtropical vegetation and mature trees. In 2018, the property underwent an interior remodel of first floor kitchen and living area and second floor master bedroom and bathroom. Exterior modifications were made along the rear of the first floor that were a like-for like replacement of an existing French door. In addition, exterior modifications were made along the second floor for replacement of non- period correct windows. All exterior modifications were consistent with the Secretary of Interior Standards for Rehabilitation. In 2021, an existing detached garage was converted into an accessory dwelling unit (ADU) and a new detached aluminum patio/trellis cover was approved and installed on the property. During the site visit, staff noted improvements along the primary/front elevation that were non-period correct. Specifically, staff noted the installation of wrought-iron ornamentation along the primary elevation that was installed during the 1980s. In addition, a few second story windows along the second floor were identified as not having period correction window mullions. 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. 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   Historic Resources Commission d – 2 11/3/2022   HPPA No. 2022-18 – Cotant House November 3, 2022 Page 3 2 9 1 4 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. 2022-106 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 $1,910.60 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500’ Radius Map 3 - Site Photos – 2003 N. Victoria Drive 4 - HRC Staff Report Historic Summary and Resolution (2003 N. Victoria Drive) 5 - Action Minutes HRC (2003 N. Victoria Drive) Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency   Historic Resources Commission d – 3 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Carolyn D. Almquist, Trustee of The Carolyn D. Greenberg Living Trust, dated April 4, 2018, (hereinafter collectively referred to as “Owner”), owner of real property located at 2003 N. Victoria Drive, 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 2003 N. Victoria Drive, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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 d – 4 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 February 8, 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 an y 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 follo wing 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 d – 5 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 Preservat ion 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 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 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 d – 6 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 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 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 2003 N. Victoria Drive, Assessor Parcel Number, 002-151-14, 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 d – 7 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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: Clerk of the Council Owners: Carolyn D. Almquist 2003 N. Victoria Drive Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 d – 8 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 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. {Signature page follows}   Historic Resources Commission d – 9 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ CAROLYN D. ALMQUIST TRUSTEE OF THE CAROLYN D. GREENBERG LIVING TRUST, DATED APRIL 4, 2018 APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency   Historic Resources Commission d – 10 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF BROADWAY, FORMERLY WEST STREET 253.64 FEET NORTH OF THE SOUTHEAST CORNER OF THE RESUBDIVISION OF ORANGE GROVE TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 2 PAGE 9, MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WEST 225 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 198.5 FEET TO THE EAST LINE OF VICTORIA DRIVE; THENCE SOUTH ALONG THE EAST LINE OF VICTORIA DRIVE, 88 FEET TO THE SOUTH LINE OF THE LAND CONVEYED TO ROY RUSSELL AND WIFE, BY DEED RECORDED SEPTEMBER 10, 1921 IN BOOK 396 PAGE 310, DEEDS, RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID SOUTH LINE AND EXTENSION THEREOF 198.5 FEET TO A POINT 225 FEET WEST OF THE WEST LINE OF BROADWAY; THENCE NORTH PARALLEL WITH THE WEST LINE OF BROADWAY, 88 FEET TO THE POINT OF BEGINNING. Assessor’s Parcel Number: 002-151-14   Historic Resources Commission d – 11 11/3/2022   EXECUTIVE SUMMARY COTANT HOUSE 2003 North Victoria Drive Santa Ana, CA 92706 NAME Cotant House REF. NO. ADDRESS 2003 North Victoria Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 3S Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadaña); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Cotant House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. In addition, the Cotant House has been categorized as “Landmark” because the building “appears to be eligible” to be placed on the National Register and the California Register and “has a unique architectural significance” as an intact and representative example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive (Municipal Code, Section 30-2.2). (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 3S: Appears eligible for separate listing.   Historic Resources Commission d – 12 11/3/2022   State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _4_ Resource name(s) or number (assigned by recorder) Cotant House P1. Other Identifier: *P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 2003 North Victoria Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-151-14; ORANGE GROVE TR LOT 88 X 198.5 FT. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) A low-pitched, cross-gabled, red-tiled roof characterizes this two-story Spanish Colonial Revival house. Shallow eaves and exposed rafter tails trim the roof edges. Smooth stucco finishes the exteriors. The asymmetrical, rectangular, west-facing residence has a cantilevered Monterey style balcony that wraps around its south wing. Balcony detailing includes exposed beam supports and turned balusters punctuated by square wood posts. The larger north wing of the house is defined by a series of second floor multi-pane casement windows. On the first floor of the north wing, a pair of narrow multi-pane casements flank a center fixed window with a decorative molded hood. On the lower northwest corner, a pierced stucco screen in a diamond pattern shields the recessed window behind it. Projecting from the center of the façade, the front-gabled center wing contains the deeply recessed entry. A solid wood door is embellished with iron bolts and iron hardware. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: „Building †Structure †Object †Site †District †Element of District †Other P5b. Photo: (view and date) West elevation January 2003 *P6. Date Constructed/Age and Sources: „historic 1928 / City of Santa Ana Building Permits *P7. Owner and Address: Michael & Joanne Sokolski 2003 North Victoria Drive Santa Ana, CA 92706 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: January 30, 2003 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None. *Attachments: †None †Location Map †Sketch Map „Continuation Sheet „Building, Structure, and Object Record †Archaeological Record †District Record †Linear Feature Record †Milling Station Record †Rock Art Record †Artifact Record †Photograph Record † Other (list) DPR 523A (1/95) *Required information P5a. Photo   Historic Resources Commission d – 13 11/3/2022   State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code_ 3S_________________________ *Resource Name or #: Cotant House B1. Historic Name: Cotant House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): November 26, 1928. Residence and garage. Owner, Roy Russell. $15,000. December 2, 1954. Termite repairs for Dr. George Hawkins. $435. March 23, 1956. Swimming pool (18’ x 36’) for Dr. L. Cella. November 20, 1964. Remodel kitchen and add back porch for Dr. L. J. Cella. $4,500. June 28, 1990. Remodel interior floor plan, enclose porch (room addition, second floor bath). $85,000. *B7. Moved? „No †Yes †Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: Detached garage, mature tree in front yard. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Cotant House is architecturally distinguished as an intact and characteristic example of the Spanish Colonial Revival style which achieves added prominence through its generous scale. Its period revival design, substantial scale, and generous setback contribute to the elegant and distinctive streetscape on North Victoria Drive. According to the original, 1928 building permit, the owner and builder was Roy Russell, the primary developer of North Victoria Drive. The house and garage cost $15,000, a large sum at the time. The first owner residents, according to the 1931 Orange County Directory, were Charles L. and Eileen Cotant. Mr. Cotant was the manager of Bank of America. In 1934, the Orange County Directory indicated that physician Francis M. Findlay and his wife Lois were the occupants. From 1935 until 1939, the owner was (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: January 30, 2003 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Cotant House 2003 North Victoria Dr.   Historic Resources Commission d – 14 11/3/2022   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_ Resource Name or # (Assigned by recorder) Cotant House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date January 30, 2003 ⌧ Continuation † Update DPR 523L *P3a. Description (continued): Wrought iron sconces flank the opening, with a small window enhanced by a wrought iron grille to one side and a double casement window on the other. Arched corbelling marks a shallow second story overhang. Another pierced stucco screen is adjacent to the balcony. The south elevation is marked by a red brick chimney while the north elevation features a bay with molded hood on the ground floor. An iron gate blocks the concrete driveway leading to the original two-car garage along the rear of the property. The garage, like the house, is side-gabled with a red tile roof and stucco finish. The meticulously tended grounds are a mix of subtropical vegetation, a broad expanse of lawn in front, and shaped hedges. A large, mature tree shades the south half of the front yard near the house. The residence, garage, and grounds appear original and are in excellent condition. *B10. Significance (continued): Frank Curran, president of Frank Curran Lumber Company, and his family. From 1940 until at least 1945, Herschel R. and Floss M. Brinkerhoff were residents. Mr. Brinkerhoff was the principal of “ H. R. Brinkerhoff and company and outdoor bowling alley”. The Cotant House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2003) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Cotant House appears eligible for listing in the National Register of Historic Places and the California Register of Historical Resources. It also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the Spanish Colonial Revival style. Characteristic features of the style include the signature combination of stucco exteriors and red clay tiled roofing, broad asymmetrical massing, corbelled overhang, Moorish inspired pierced stucco screens, and wooden balcony. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and historic association with members of the local business and professional communities. Additionally, the house has been categorized as “Landmark” for its unique architectural significance as an example of the Spanish Colonial Revival style that contributes to the historic streetscape of North Victoria Drive. All original exterior features of the Cotant House are considered character defining and should be preserved. These features include, but may not be limited to: materials (wood) and finishes (stucco); roof configuration, materials and treatment; massing and composition; balcony; porch; projections; doors and windows; chimney; architectural detailing (pierced screens, wrought iron elements, sconces, etc.); original garage, and landscape features such as subtropical vegetation and mature trees.   Historic Resources Commission d – 15 11/3/2022   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_ Resource Name or # (Assigned by recorder) Cotant House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date January 30, 2003 ⌧ Continuation † Update DPR 523L *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. “Alison Honer Dies at 84,” The Santa Ana Journal, September 21, 1981. “Builder of Honer Plaza Dies,” Orange County Register, September 15, 1981. “History of Floral Park.” http://www.floral-park.com/page2.html Talbert, Thomas (editor-in-chief). Historical Volume and Reference Works Including Biographical Sketches of Leading Citizens, Volume I. Whittier, Historical Publishers, 1963. Armor, Samuel. History of Orange County. 1921. Orange County Directories, 1927-1941, 1945, 1947.   Historic Resources Commission d – 16 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 d – 17 11/3/2022   MILLS ACT AGREEMENT 2003 N. Victoria Drive Santa Ana, CA 92706 - 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 d – 18 11/3/2022   HPPA 2022-18 2003 N. VICTORIA DRIVE COTANT 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 d – 19 11/3/2022   HPPA-2022-18 COTANT HOUSE 2003 N. VICTORIA DRIVE SITE PHOTOS EXHIBIT 3  Historic Resources Commission d – 20 11/3/2022     Historic Resources Commission d – 21 11/3/2022     Historic Resources Commission d – 22 11/3/2022     Historic Resources Commission d – 23 11/3/2022     Historic Resources Commission d – 24 11/3/2022     Historic Resources Commission d – 25 11/3/2022     Historic Resources Commission d – 26 11/3/2022     Historic Resources Commission d – 27 11/3/2022     Historic Resources Commission d – 28 11/3/2022     Historic Resources Commission d – 29 11/3/2022     Historic Resources Commission d – 30 11/3/2022     Historic Resources Commission d – 31 11/3/2022     Historic Resources Commission d – 32 11/3/2022     Historic Resources Commission d – 33 11/3/2022     Historic Resources Commission d – 34 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Wild Orchid Investments LLC, a California Limited Liability Company, (hereinafter collectively referred to as “Owner”), owner of real property located at 313 N. Birch 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 313 N. Birch 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 5 MILLS ACT AGREEMENT 313 N. Birch 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 March 22, 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 313 N. Birch 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 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 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 MILLS ACT AGREEMENT 313 N. Birch 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 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 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 313 N. Birch Street, Assessor Parcel Number, 398-591-10, 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 MILLS ACT AGREEMENT 313 N. Birch 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: Clerk of the Council Owners: Liennette Chung 313 N. Birch 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. MILLS ACT AGREEMENT 313 N. Birch 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 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. {Signature page follows} MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ Liennette Chung Wild Orchid Investments LLC, a California Limited Liability Company APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING ON THE EAST LINE OF BIRCH STREET AT A POINT 110 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 38 OF "THE BIRCH ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 145 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST, PARALLEL WITH FOURTH STREET IN SAID CITY, 115 FEET; THENCE SOUTH PARALLEL WITH BIRCH STREET, 65 FEET TO THE NORTH LINE OF LOT 50 OF "THE PARK ADDITION TO SANTA ANA", AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE WEST 115 FEET TO THE EAST LINE OF BIRCH STREET; THENCE NORTH 65 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 40 OF "THE BIRCH ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 145 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND SECTION 12, TOWNSHIP 3 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING 110 FEET NORTH AND 115 FEET EAST OF THE INTERSECTION OF THE NORTH LINE OF THIRD STREET WITH THE EAST LINE O BIRCH STREET, BEING THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO SANTA ANA ARMORY HALL, RECORDED JULY 26, 1910 IN BOOK 172, PAGE 342 DEEDS; THENCE EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF THE LANDS SO CONVEYED, 35 FEET; THENCE SOUTH 65 FEET TO THE NORTHEAST CORNER OF LOT 50 OF "THE PARK TRACT ADDITION OF SANTA ANA", AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE WEST, ALONG THE NORTH LINE OF LOT 50, A DISTANCE OF 35 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO SAID SANTA ANA ARMORY HALL; THENCE NORTH 65 FEET TO THE POINT OF BEGINNING. Assessor’s Parcel Number: 398-591-10 Page 1 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 NAME Armory Hall/American Legion Hall REF. NO. 128 ADDRESS 313 North Birch Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT Downtown Santa Ana NEIGHBORHOOD N/A NATIONAL REGISTER CRITERIA FOR EVALUATION A, C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted USGS 7.5” Quad Date: T R ¼ of ¼ of Sec : B.M. Prehistoric Historic Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. Exhibit B Page 2 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) September 26, 1983. Rebuild and seismic rehab March 6, 1984. Tenant improvements 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.) The appearance of this two and three-story brick building dates to its post 1933 earthquake reconstruction and substantial rehabilitation in 1984. An example of the Spanish Colonial Revival style, the building is asymmetrical in its composition, with exposed red brick exterior walls. The focal point of the design is the entry, a two-story high archway located at the southwest corner of the building. The actual doorway is deeply recessed within the barrel-vaulted space. Set high up on the façade next to the opening, a single bulls eye window is the only other feature of this wing, which is crowned by a red tile shed roof. To the north, the flat roofed three-story wing features a row of arched windows beneath a projecting cornice over the first floor. Other notable details of this wing include a row of projecting bricks, which suggest a frieze below the roofline, and shallowly recessed panel containing the current name of the building, “Santa Ana Veterans Hall” on a blue tiled background. In good condition, the building has been modified from its 1934 appearance by the enclosure of some windows and the removal of its stucco facing. Note: This property has a façade easement with Heritage Orange County. HISTORIC HIGHLIGHTS: The Armory Hall/American Legion Hall was built in stages, with the first construction taking place around 1910, a rear addition made in 1922, an entirely new façade created following the Long Beach Earthquake in 1934, and substantial rehabilitation occurring in 1983-84 (Thomas). It was constructed as the third home of Santa Ana’s Company L Armory (the first was up the street at 400 West Fourth Street, the second at 214½ East Fourth Street), and was utilized for that purpose from 1910 until the mid-1950s. Founded as the Santa Ana National Guard Company F in 1890, the unit changed its name to Company L when it was called to active duty during the Spanish American War in 1898. The organization played an important dual role in the community, as a vehicle for military service and as a community institution that sponsored social and civic events. Members of Company L provided assistance in the aftermaths of both the 1906 San Francisco Earthquake and Fire and the 1933 Long Beach Earthquake, and went on to serve in World Wars I and II, the Korean War, and the Vietnam War. In World War II, the building was utilized as the West Coast Army Training Center and was used as a broadcasting station. The name of the unit was changed to Company A, 161st Armored Infantry Battalion in 1954 (Marsh). RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP13) Community Center/Social Hall (HP34) Military Property Page 3 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 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. By the end of the 1880s, Santa Ana’s downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s witnessed the construction of many new business blocks or remodels along Fourth and the adjacent streets, and by the 1920s Santa Ana’s downtown had expanded in all directions to include both commercial and civic development. The Armory Hall/American Legion Hall was a significant focal point of the community’s life. Company L was a source of patriotic pride to Santa Ana, and the role it played in war efforts as well as in peace time crises such as the cleanup following the 1933 Long Beach Earthquake has been chronicled in Charles Swanner’s book, The Story of Company L, Santa Ana’s Own. This property housed Company L for over 40 years, and was used for drills, as a place of assembly when the unit was called into active duty, and for sponsored activities such as dances and athletic events. The building also possesses architectural interest as an example of the Spanish Colonial Revival of the 1930s, and complements the two Spanish styled buildings around the corner at 309 and 315 West Third Street. Character-defining exterior features of the Armory Hall/American Legion Hall, which should be preserved, include but may not be limited to: brick construction; tile roofing; arched entry; arched and flat-headed window treatments on the façade; brickwork; round window, and architectural detailing such as the first floor cornice. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and has been categorized as “Landmark” because it “is on the national register,” “is on the state register,” “has historical/cultural significance to the City of Santa Ana,” and “has a unique architectural significance” (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: Page 4 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 30, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. “Santa Ana Historic Survey, Final Resources Inventory: Downtown.” May 1980. Thomas, Harold M. “Downtown Santa Ana Historic District” National Register nomination form, 1984. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Heritage Orange County and City of Santa Ana, Downtown Walking Tour, Santa Ana, 1986. 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. Swanner, Charles D. The Story of Company L, Santa Ana’s Own. Claremont: Fraser Press, 1954. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: July 30, 2001 EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) A: that are associated with events that have made a significant contribution to the broad patterns of our history. 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) 1D: Contributor to a listed district. MILLS ACT AGREEMENT 313 N. Birch 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 MILLS ACT AGREEMENT 313 N. Birch 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 # e City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HPPA No. 2022-19– Armory Hall/American Legion Hall RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Liennette Chung for the property located at 313 N. Birch Street, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Liennette Chung, representing Wild Orchid Investments LLC, a California Limited Liability Company, is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 313 N. Birch 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 Armory Hall/American Legion Hall, consists of an existing Mission/Spanish Colonial Revival building that is approximately 15,924 square feet in size on a 9,700-square-foot lot (Exhibit 2). The Armory Hall/American Legion Hall was added to the Santa Ana Register of Historical Properties (“Register”) in 2001 and categorized as “Landmark.” In addition, the Armory Hall/American Legion Hall was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. 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 Contributive, making it eligible for a Mills Act Agreement. The agreement provides Historic Resources Commission e – 1 11/3/2022 Exhibit 6 HPPA No. 2022-19 – Armory Hall/American Legion Hall November 3, 2022 Page 2 2 9 1 4 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: •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 The Armory Hall/American Legion Hall was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. In 2001, the Historic Resources Commission placed the Armory Hall/American Legion Hall on the Register and within the “Landmark” category because it “is on the national register,” “is on the state register,” “has historical/cultural significance to the City of Santa Ana,” and “has a unique architectural significance.” Character-defining exterior features of the Armory Hall/American Legion Hall that should be preserved include, but may not be limited to: a two-story high archway located at the southwest corner of the building; deeply recessed doorway within the barrel-vaulted space; fenestration; flat roofed three-story wing; arched windows beneath a projecting cornice; projecting bricks; and shallowly recessed panel containing the current name of the building, “Santa Ana Veterans Hall” on a blue tiled background. In 2019, the property underwent improvements including interior demolition to remove existing non-bearing partition walls to create more open space within the interior of the building. The overall work included tenant improvements to install new interior windows for each office and new interior partitions to create cubicle spaces on both floors. During this time, there were no exterior changes or alterations to the building. However, during the site visit, staff noted that the building has been modified from its 1934 appearance by the enclosure of some windows and the removal of stucco facing. 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. 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.   Historic Resources Commission e – 2 11/3/2022   HPPA No. 2022-19 – Armory Hall/American Legion Hall November 3, 2022 Page 3 2 9 1 4 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. 2022-104 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 $3,017.77 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500’ Radius Map 3 - Site Photos – 313 N. Birch Street 4 - HRC Resolution (313 N. Birch Street) 5 - Action Minutes HRC (313 N. Birch Street) Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency   Historic Resources Commission e – 3 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Wild Orchid Investments LLC, a California Limited Liability Company, (hereinafter collectively referred to as “Owner”), owner of real property located at 313 N. Birch 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 313 N. Birch 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 e – 4 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch 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 February 8, 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 e – 5 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch 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 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 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 e – 6 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch 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 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 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 Ci ty 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 313 N. Birch Street, Assessor Parcel Number, 398-591-10, 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 e – 7 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch 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: Clerk of the Council Owners: Wild Orchid Investments, LLC 207 Ocean Place Seal Beach, CA 90740 Attn: Liennette Chung 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, reas on of the Owner's activities in connection with the Historic Property.   Historic Resources Commission e – 8 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch 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 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. {Signature page follows}   Historic Resources Commission e – 9 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ Liennette Chung Wild Orchid Investments LLC, a California Limited Liability Company APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency   Historic Resources Commission e – 10 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: COMMENCING ON THE EAST LINE OF BIRCH STREET AT A POINT 110 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 38 OF "THE BIRCH ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 145 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST, PARALLEL WITH FOURTH STREET IN SAID CITY, 115 FEET; THENCE SOUTH PARALLEL WITH BIRCH STREET, 65 FEET TO THE NORTH LINE OF LOT 50 OF "THE PARK ADDITION TO SANTA ANA", AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE WEST 115 FEET TO THE EAST LINE OF BIRCH STREET; THENCE NORTH 65 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 40 OF "THE BIRCH ADDITION TO SANTA ANA", AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 145 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND SECTION 12, TOWNSHIP 3 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING 110 FEET NORTH AND 115 FEET EAST OF THE INTERSECTION OF THE NORTH LINE OF THIRD STREET WITH THE EAST LINE O BIRCH STREET, BEING THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO SANTA ANA ARMORY HALL, RECORDED JULY 26, 1910 IN BOOK 172, PAGE 342 DEEDS; THENCE EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF THE LANDS SO CONVEYED, 35 FEET; THENCE SOUTH 65 FEET TO THE NORTHEAST CORNER OF LOT 50 OF "THE PARK TRACT ADDITION OF SANTA ANA", AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 30 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE WEST, ALONG THE NORTH LINE OF LOT 50, A DISTANCE OF 35 FEET TO THE SOUTHEAST CORNER OF THE LAND CONVEYED TO SAID SANTA ANA ARMORY HALL; THENCE NORTH 65 FEET TO THE POINT OF BEGINNING. Assessor’s Parcel Number: 398-591-10   Historic Resources Commission e – 11 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch Street Santa Ana, CA 92701 - 9 -   Historic Resources Commission e – 12 11/3/2022   Page 1 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 NAME Armory Hall/American Legion Hall REF. NO. 128 ADDRESS 313 North Birch Street CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT Downtown Santa Ana NEIGHBORHOOD N/A NATIONAL REGISTER CRITERIA FOR EVALUATION A, C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted USGS 7.5” Quad Date: T R ¼ of ¼ of Sec : B.M. Prehistoric Historic Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival DESCRIPTION/BACKGROUND RELATED TO PERIOD ARCHITECTURE: The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama- California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements.   Historic Resources Commission e – 13 11/3/2022   Page 2 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) September 26, 1983. Rebuild and seismic rehab March 6, 1984. Tenant improvements 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.) The appearance of this two and three-story brick building dates to its post 1933 earthquake reconstruction and substantial rehabilitation in 1984. An example of the Spanish Colonial Revival style, the building is asymmetrical in its composition, with exposed red brick exterior walls. The focal point of the design is the entry, a two-story high archway located at the southwest corner of the building. The actual doorway is deeply recessed within the barrel-vaulted space. Set high up on the façade next to the opening, a single bulls eye window is the only other feature of this wing, which is crowned by a red tile shed roof. To the north, the flat roofed three-story wing features a row of arched windows beneath a projecting cornice over the first floor. Other notable details of this wing include a row of projecting bricks, which suggest a frieze below the roofline, and shallowly recessed panel containing the current name of the building, “Santa Ana Veterans Hall” on a blue tiled background. In good condition, the building has been modified from its 1934 appearance by the enclosure of some windows and the removal of its stucco facing. Note: This property has a façade easement with Heritage Orange County. HISTORIC HIGHLIGHTS: The Armory Hall/American Legion Hall was built in stages, with the first construction taking place around 1910, a rear addition made in 1922, an entirely new façade created following the Long Beach Earthquake in 1934, and substantial rehabilitation occurring in 1983-84 (Thomas). It was constructed as the third home of Santa Ana’s Company L Armory (the first was up the street at 400 West Fourth Street, the second at 214½ East Fourth Street), and was utilized for that purpose from 1910 until the mid-1950s. Founded as the Santa Ana National Guard Company F in 1890, the unit changed its name to Company L when it was called to active duty during the Spanish American War in 1898. The organization played an important dual role in the community, as a vehicle for military service and as a community institution that sponsored social and civic events. Members of Company L provided assistance in the aftermaths of both the 1906 San Francisco Earthquake and Fire and the 1933 Long Beach Earthquake, and went on to serve in World Wars I and II, the Korean War, and the Vietnam War. In World War II, the building was utilized as the West Coast Army Training Center and was used as a broadcasting station. The name of the unit was changed to Company A, 161st Armored Infantry Battalion in 1954 (Marsh). RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP13) Community Center/Social Hall (HP34) Military Property   Historic Resources Commission e – 14 11/3/2022   Page 3 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 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. By the end of the 1880s, Santa Ana’s downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s witnessed the construction of many new business blocks or remodels along Fourth and the adjacent streets, and by the 1920s Santa Ana’s downtown had expanded in all directions to include both commercial and civic development. The Armory Hall/American Legion Hall was a significant focal point of the community’s life. Company L was a source of patriotic pride to Santa Ana, and the role it played in war efforts as well as in peace time crises such as the cleanup following the 1933 Long Beach Earthquake has been chronicled in Charles Swanner’s book, The Story of Company L, Santa Ana’s Own. This property housed Company L for over 40 years, and was used for drills, as a place of assembly when the unit was called into active duty, and for sponsored activities such as dances and athletic events. The building also possesses architectural interest as an example of the Spanish Colonial Revival of the 1930s, and complements the two Spanish styled buildings around the corner at 309 and 315 West Third Street. Character-defining exterior features of the Armory Hall/American Legion Hall, which should be preserved, include but may not be limited to: brick construction; tile roofing; arched entry; arched and flat-headed window treatments on the façade; brickwork; round window, and architectural detailing such as the first floor cornice. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and has been categorized as “Landmark” because it “is on the national register,” “is on the state register,” “has historical/cultural significance to the City of Santa Ana,” and “has a unique architectural significance” (Municipal Code, Section 30-2.2). OWNER AND ADDRESS:   Historic Resources Commission e – 15 11/3/2022   Page 4 of 4 cm\historic\templates\Birch 313 N (American Legion Hall) 8/23/01 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 30, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. “Santa Ana Historic Survey, Final Resources Inventory: Downtown.” May 1980. Thomas, Harold M. “Downtown Santa Ana Historic District” National Register nomination form, 1984. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Heritage Orange County and City of Santa Ana, Downtown Walking Tour, Santa Ana, 1986. 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. Swanner, Charles D. The Story of Company L, Santa Ana’s Own. Claremont: Fraser Press, 1954. EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: July 30, 2001 EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) A: that are associated with events that have made a significant contribution to the broad patterns of our history. 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) 1D: Contributor to a listed district.   Historic Resources Commission e – 16 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch 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 e – 17 11/3/2022   MILLS ACT AGREEMENT 313 N. Birch 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 e – 18 11/3/2022   HPPA 2022-19 313 N. BIRCH STREET ARMORY HALL/AMERICAN LEGION HALL 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 e – 19 11/3/2022   HPPA-2022-19 ARMORY HALL/AMERICAN LEGION HALL 313 N. Birch Street SITE PHOTOS EXHIBIT 3  Historic Resources Commission e – 20 11/3/2022     Historic Resources Commission e – 21 11/3/2022     Historic Resources Commission e – 22 11/3/2022     Historic Resources Commission e – 23 11/3/2022     Historic Resources Commission e – 24 11/3/2022     Historic Resources Commission e – 25 11/3/2022     Historic Resources Commission e – 26 11/3/2022     Historic Resources Commission e – 27 11/3/2022     Historic Resources Commission e – 28 11/3/2022     Historic Resources Commission e – 29 11/3/2022     Historic Resources Commission e – 30 11/3/2022     Historic Resources Commission e – 31 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Andrew Chu, a Married Man, as his sole and separate property, (hereinafter collectively referred to as “Owner”), owner of real property located at 501 E. Washington Avenue, 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 501 E. Washington Avenue, 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 7 MILLS ACT AGREEMENT 501 E. Washington Avenue 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 March 22, 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 501 E. Washington Avenue 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 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 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 MILLS ACT AGREEMENT 501 E. Washington Avenue 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 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 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 501 E. Washington Avenue, Assessor Parcel Number, 398-151-20, 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 MILLS ACT AGREEMENT 501 E. Washington Avenue 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: Clerk of the Council Owners: Andrew Chu 501 E. Washington Avenue 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. MILLS ACT AGREEMENT 501 E. Washington Avenue 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 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. {Signature page follows} MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ ANDREW CHU APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 6 OF TRACT NO. 140, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE(S) 40, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 398-151-20 EXECUTIVE SUMMARY LIGGETT-WALLACE HOUSE 501 East Washington Avenue Santa Ana, CA 92701 NAME Liggett-Wallace House REF. NO. ADDRESS 501 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1921 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Liggett-Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the distinguishing characteristics of a Craftsman bungalow from the early 1920s. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the French Park neighborhood through its style and type, is a “good example” of a Craftsman bungalow from the 1920s, and “has not been substantially altered” (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. •National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. Exhibit B State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Liggett-Wallace House P1. Other Identifier: *P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 501 East Washington Avenue City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-151-20; N TR 140 Lot: 6 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Substantially rehabilitated in 1986, this one-story Craftsman bungalow displays a symmetrical, front-gabled façade dominated by a full-width recessed porch. The porch, including the stick balustrade, handrail, and latticework foundation skirting, have been rebuilt. At the same time, the exterior narrow clapboard sheathing was replaced, aluminum sliding windows installed on the east elevation, and the original garage demolished. Characteristics of the roof treatment include a simply molded raking cornice, deep eaves covering exposed rafters, and beam-ends that emerge near the end-walls. A pair of rectangular, crosshatch vents with typical Craftsman surrounds are centered below the gable peak. Paired six-over-one, wood-framed, double-hung sash windows with Craftsman surrounds flank the centered main entrance. Bisecting a front yard of grass and shrubbery, a concrete path bordered by hedges leads to the entry. An exterior red brick chimney rises from the center of the east elevation. Building permits document a 1929 addition to the house, most likely at the rear. Since the 1986 alterations, the house has been well maintained and retains the character of its original appearance. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: „Building †Structure †Object †Site †District „Element of District †Other P5b. Photo: (view and date) North and east elevations June 2002 *P6. Date Constructed/Age and Sources: „historic 1921/ Source: National Register Nomination. *P7. Owner and Address: Roberto Gomez 501 E. Washington Avenue Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 24, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *Attachments: †None †Location Map †Sketch Map „Continuation Sheet „Building, Structure, and Object Record †Archaeological Record †District Record †Linear Feature Record †Milling Station Record †Rock Art Record †Artifact Record †Photograph Record † Other (list) DPR 523A (1/95) *Required information P5a. Photo State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_1D__________________________ *Resource Name or #: Liggett-Wallace House B1. Historic Name: Liggett-Wallace House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1921. May 24, 1929. Addition. October 5, 1937. Reroof. August 9, 1948. Reroof. August 18, 1986. Demolish old existing garage only. November 3, 1986. Remove old porch and replace with new, replace exterior doors, new roof, new façade boards, per Notice of Order November 3, 1986. New 10’ x 20’ wood frame garage. *B7. Moved? „No †Yes †Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) Built in 1921, the Liggett-Wallace House is significant as a representative example of a late Craftsman bungalow. It exhibits the simplification of the earlier Craftsman style that typified the early 1920s, when a few signature elements, such as low- pitched gables with exposed beams and rafters, clapboard siding, and a front porch, were enough to identify the style. The house is also important as a contributor to the French Park Historic District. According to previous research, Delbert and Ruby Liggett were the first occupants of the house in 1921. Mr. Liggett worked for the Bemis Lumber Company. In 1923, Albert and Marion Wallace began a twenty-year residency. Albert Wallace was an engineer with the Santa Fe Railroad (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: July 24, 2002 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Liggett-Wallace House 501 East Washington Avenue State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Liggett-Wallace House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date July 24, 2002 ⌧ Continuation † Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of 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. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Liggett-Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Craftsman residence from the early 1920s. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of French Park through its style and type, is a “good example” of a Craftsman bungalow of its period, and “has not been substantially altered.” Characteristic Craftsman features include the front-gabled roof, full-width, recessed front porch, exposed beams and rafters, window configuration, and window and door surrounds. Character-defining exterior features of the Liggett-Wallace House that should be preserved include, but may not be limited to: roof configuration; gable vent; massing; original windows; window surrounds; recessed front porch; and architectural details such as exposed rafters and beam ends. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. MILLS ACT AGREEMENT 501 E. Washington Avenue 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 MILLS ACT AGREEMENT 501 E. Washington Avenue 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 November 3, 2022 Topic: HPPA No. 2022-21– Liggett-Wallace House RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute a Historic Property Preservation Agreement (Mills Act) with Andrew Chu for the property located at 501 E. Washington Avenue, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Andrew Chu is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 501 E. Washington Avenue that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Liggett-Wallace House, consists of an existing one- story Craftsman bungalow style residence that is approximately 1,440 square feet in size on a 6,200-square-foot residential lot (Exhibit 2). The Liggett-Wallace House was added to the Santa Ana Register of Historical Properties (“Register”) in 2002 and categorized as “Contributive.” In addition, the Liggett-Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. 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 Contributive, 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 Historic Resources Commission c – 1 11/3/2022 Exhibit 8 HPPA No. 2022-21 – Liggett-Wallace House November 3, 2022 Page 2 2 9 1 4 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 for a mechanism to provide for property rehabilitation •Provides additional incentive for potential buyers to purchase historic structures •Discourages inappropriate alterations to the property The Liggett-Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. In 2002, the Historic Resources Commission placed the Liggett-Wallace House on the Register and within the “Contributive” category as a representative example of the distinguishing characteristics of a Craftsman bungalow from the early 1920s. Additionally, the house was categorized as “Contributive” because it “contributes to the overall character and history” of the French Park neighborhood through its style and type. Characteristic Craftsman features include the front-gabled roof, full-width, recessed front porch, exposed beams and rafters, window configuration, and window and door surrounds. Character-defining exterior features of the Liggett-Wallace House that should be preserved include, but may not be limited to: roof configuration; gable vent; massing; original windows; window surrounds; recessed front porch; and architectural details such as exposed rafters and beam-ends. Since its listing on the Register in 2002, the property had undergone repairs to the front porch and front steps (2011). In April 2022, the property underwent an interior remodel, which included removing walls between kitchen/dining/living room areas to create an open floor plan. In addition, seventeen (17) aluminum windows (non-period correct) were removed and replaced with new single-hung windows, and sliding wood windows along the rear. The existing double-hung windows along the front elevation were not altered or be replaced, but were instead repaired and maintained. All existing wood windows that are non-period correct (e.g., fixed, sliding, casement, etc.) will be required to be replaced with period correct wood windows (e.g., single-hung) as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. In addition, 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   Historic Resources Commission c – 2 11/3/2022   HPPA No. 2022-21 – Liggett-Wallace House November 3, 2022 Page 3 2 9 1 4 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. 2022-105 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 $653.85 annually, for a period of not less than ten years. EXHIBIT(S) 1 - Mills Act Agreement 2 - 500’ Radius Map 3 - Site Photos – 501 E. Washington Avenue 4 - HRC Staff Report Historic Summary and Resolution (501 E. Washington Ave) 5 - Action Minutes HRC (501 E. Washington Ave) Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency   Historic Resources Commission c – 3 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Andrew Chu, a Married Man, as his sole and separate property, (hereinafter collectively referred to as “Owner”), owner of real property located at 501 E. Washington Avenue, 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 501 E. Washington Avenue, 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 c – 4 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue 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 February 8, 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 c – 5 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue 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 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 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 c – 6 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue 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 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 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 501 E. Washington Avenue, Assessor Parcel Number, 398-151-20, 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 c – 7 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue 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: Clerk of the Council Owners: Andrew Chu 501 E. Washington Avenue 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 c – 8 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue 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 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. {Signature page follows}   Historic Resources Commission c – 9 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ ANDREW CHU APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency   Historic Resources Commission c – 10 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue Santa Ana, CA 92701 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 6 OF TRACT NO. 140, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE(S) 40, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 398-151-20   Historic Resources Commission c – 11 11/3/2022   EXECUTIVE SUMMARY LIGGETT-WALLACE HOUSE 501 East Washington Avenue Santa Ana, CA 92701 NAME Liggett-Wallace House REF. NO. ADDRESS 501 East Washington Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1921 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT French Park NEIGHBORHOOD French Park NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Liggett-Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as a representative example of the distinguishing characteristics of a Craftsman bungalow from the early 1920s. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the French Park neighborhood through its style and type, is a “good example” of a Craftsman bungalow from the 1920s, and “has not been substantially altered” (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. • National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district.   Historic Resources Commission c – 12 11/3/2022     Historic Resources Commission c – 13 11/3/2022   State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Liggett-Wallace House P1. Other Identifier: *P2. Location: †Not for Publication „Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: *c. Address 501 East Washington Avenue City Santa Ana Zip 92701 *e. Other Locational Data: Assessor’s Parcel Number: 398-151-20; N TR 140 Lot: 6 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Substantially rehabilitated in 1986, this one-story Craftsman bungalow displays a symmetrical, front-gabled façade dominated by a full-width recessed porch. The porch, including the stick balustrade, handrail, and latticework foundation skirting, have been rebuilt. At the same time, the exterior narrow clapboard sheathing was replaced, aluminum sliding windows installed on the east elevation, and the original garage demolished. Characteristics of the roof treatment include a simply molded raking cornice, deep eaves covering exposed rafters, and beam-ends that emerge near the end-walls. A pair of rectangular, crosshatch vents with typical Craftsman surrounds are centered below the gable peak. Paired six-over-one, wood-framed, double-hung sash windows with Craftsman surrounds flank the centered main entrance. Bisecting a front yard of grass and shrubbery, a concrete path bordered by hedges leads to the entry. An exterior red brick chimney rises from the center of the east elevation. Building permits document a 1929 addition to the house, most likely at the rear. Since the 1986 alterations, the house has been well maintained and retains the character of its original appearance. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: „Building †Structure †Object †Site †District „Element of District †Other P5b. Photo: (view and date) North and east elevations June 2002 *P6. Date Constructed/Age and Sources: „historic 1921/ Source: National Register Nomination. *P7. Owner and Address: Roberto Gomez 501 E. Washington Avenue Santa Ana, CA 92701 *P8. Recorded by: Leslie J. Heumann, Peter C. Moruzzi SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: July 24, 2002 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) Marsh, Diann. “French Park Historic District.” National Register Nomination Form, February 1998. *Attachments: †None †Location Map †Sketch Map „Continuation Sheet „Building, Structure, and Object Record †Archaeological Record †District Record †Linear Feature Record †Milling Station Record †Rock Art Record †Artifact Record †Photograph Record † Other (list) DPR 523A (1/95) *Required information P5a. Photo   Historic Resources Commission c – 14 11/3/2022   State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_1D__________________________ *Resource Name or #: Liggett-Wallace House B1. Historic Name: Liggett-Wallace House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1921. May 24, 1929. Addition. October 5, 1937. Reroof. August 9, 1948. Reroof. August 18, 1986. Demolish old existing garage only. November 3, 1986. Remove old porch and replace with new, replace exterior doors, new roof, new façade boards, per Notice of Order November 3, 1986. New 10’ x 20’ wood frame garage. *B7. Moved? „No †Yes †Unknown Date:__________ Original Location:_____________________________ *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1880-1946 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) Built in 1921, the Liggett-Wallace House is significant as a representative example of a late Craftsman bungalow. It exhibits the simplification of the earlier Craftsman style that typified the early 1920s, when a few signature elements, such as low- pitched gables with exposed beams and rafters, clapboard siding, and a front porch, were enough to identify the style. The house is also important as a contributor to the French Park Historic District. According to previous research, Delbert and Ruby Liggett were the first occupants of the house in 1921. Mr. Liggett worked for the Bemis Lumber Company. In 1923, Albert and Marion Wallace began a twenty-year residency. Albert Wallace was an engineer with the Santa Fe Railroad (Marsh, 1998). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: July 24, 2002 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Liggett-Wallace House 501 East Washington Avenue   Historic Resources Commission c – 15 11/3/2022   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name or # (Assigned by recorder) Liggett-Wallace House *Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date July 24, 2002 ⌧ Continuation † Update DPR 523L *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. In 1877, Spurgeon, along with James McFadden and James Fruit, formed the Western Development Company with the intention of bringing the Southern Pacific Railroad from its then terminus in Anaheim into Santa Ana. Thinking to capitalize on commercial growth around the railroad, the partners purchased 160 acres adjacent to the eastern city boundary at French Street. Although they were successful in luring the Southern Pacific to a new depot on Fruit Street in Santa Ana in 1878, the expected commercial development of “Santa Ana East” never materialized. Early growth and development of the town continued to be centered further west around Fourth and Main Streets, with the result that the legacy of Santa Ana East is an angled street plan whose intersection with the original city is marked by a small, triangular parcel, developed in the 1890s as Flatiron Park, now known as French Park. Santa Ana continued to grow, stimulated by the arrival of 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. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree-lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a “Who’s Who” of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the “Nob Hill” of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi-family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Liggett-Wallace House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. It is therefore listed in the California Register of Historical Resources and is located within the boundaries of the locally designated historic district. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1 as an intact and representative example of a Craftsman residence from the early 1920s. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of French Park through its style and type, is a “good example” of a Craftsman bungalow of its period, and “has not been substantially altered.” Characteristic Craftsman features include the front-gabled roof, full-width, recessed front porch, exposed beams and rafters, window configuration, and window and door surrounds. Character-defining exterior features of the Liggett-Wallace House that should be preserved include, but may not be limited to: roof configuration; gable vent; massing; original windows; window surrounds; recessed front porch; and architectural details such as exposed rafters and beam ends. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.   Historic Resources Commission c – 16 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue 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 c – 17 11/3/2022   MILLS ACT AGREEMENT 501 E. Washington Avenue 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 c – 18 11/3/2022   HPPA 2022-21 501 E. WASHINGTON AVENUE LIGGETT-WALLACE 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’ RADIUSSITE EXHIBIT 2   Historic Resources Commission c – 19 11/3/2022   HPPA-2022-21 LIGGETT-WALLACE HOUSE 501 E. WASHINGTON AVENUE SITE PHOTOS EXHIBIT 3  Historic Resources Commission c – 20 11/3/2022     Historic Resources Commission c – 21 11/3/2022     Historic Resources Commission c – 22 11/3/2022     Historic Resources Commission c – 23 11/3/2022     Historic Resources Commission c – 24 11/3/2022     Historic Resources Commission c – 25 11/3/2022     Historic Resources Commission c – 26 11/3/2022     Historic Resources Commission c – 27 11/3/2022     Historic Resources Commission c – 28 11/3/2022     Historic Resources Commission c – 29 11/3/2022     Historic Resources Commission c – 30 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Scott and Lisa Michaelis, Husband and Wife as Community Property with Right of Survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 2123 North Freeman 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 2123 North Freeman Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C.The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.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 9 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 March 22, 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 2123 North Freeman Street Santa Ana, CA 92706 - 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 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 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 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 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 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 2123 North Freeman Street, Assessor Parcel Number, 001-185-09, 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 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 5 - 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: Clerk of the Council Owners: Scott and Lisa Michaelis 2123 North Freeman Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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. MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 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. {Signature page follows} MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNERS Date: ___________________ By:__________________ SCOTT MICHAELIS Date: ___________________ By:__________________ LISA MICHAELIS APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 14 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor’s Parcel Number: 001-185-09 EXECUTIVE SUMMARY Honer House 2123 North Freeman Street Santa Ana, CA 92706 NAME Honer House REF. NO. ADDRESS 2123 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930’s designs of Southern California architect Cliff May, who sought to reinvent the W est’s vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist’s concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set of character-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residential building and for its use of passive solar design. The recommended categorization is “Landmark” as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. •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. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. Exhibit B State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Honer House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle 2022 Date: 2022 *c. Address 2123 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Located on east side of Freeman Street, between W Buffalo Avenue to the north, W 21st Street to the south, N Towner Street to the west, and N Olive Street to the east. Assessor’s Parcel Number 001-185-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the Honer House is a single-story, single-family residence designed by local architect, Donald A. Honer, in the Contemporary Ranch Style. The building sits on a modestly sized parcel. The asymmetrical plan has four primary wings extending each cardinal direction with an attached garage at the north wing. A medium-pitched, complex hip roof clad with replacement composition shingles caps the building. The roof exhibits wide overhanging eaves with exposed rafters terminated by a continuous fascia throughout all four primary wings. The prominent west wing that extends towards North Freeman Street has primary elevations facing west, north, and south and an interior brick chimney that spans the roof ridge line. The exterior of the house is clad primarily in vertical wood and board and batten siding. A later addition to the north wing is reflected by its lack of exposed rafters under eaves and differentiated siding. The main entrance, which is located on the north façade of the west wing facing the driveway, consists of a single, slightly recessed door flanked by two obscured glass side lights. It is raised above a shallow brick-clad concrete step. Two sets of paired, narrow, wood-framed casement windows, each composed of single-light over wood spandrel panel, are immediately west of the entry. The west, street-facing façade contains a single, centered, large window (See Continuation Sheet 3 of 3.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) West and south elevations, view northeast, September 2022 *P6. Date Constructed/Age and Sources: historic 1957/ City of Santa Ana Building Permits *P7. Owner and Address: Scott and Lisa Michaelis 2123 North Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 3, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95) *Required information P5a. Photo State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_5S3_________________________ *Resource Name or #: Honer House B1. Historic Name: Honer House B2. Common Name: None B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Contemporary Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): February 7, 1957. Constructed as a 7 room residence and garage. $17,000. April 24, 1967. Addition to residence (bed and storage room) by Allison Honer Co. - owner October 23, 1992. Reroof, 4,300 square feet, $15,395 September 10, 2008. Reroof, Remove wood shingles and apply comp shingles *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: None B9a. Architect: Donald A. Honer b. Builder: Allison Honer (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Honer House is architecturally significant as an outstanding and intact example of the Contemporary Ranch style, heavily influenced by the midcentury modern architecture popular at the time of its construction. This house was built in 1957 and valued at $17,000 according to the original building permit. The first owner, and architect credited on the building permit for the design, was Donald A. Honer, son of the prominent Santa Ana developer and contractor of the house, Allison Honer (Santa Ana Register, 12 August 1936, page 26). Donald Honer resided in the home until at least 1979; ownership may have been held by the Allison Honer Company, as specified on a 1967 building permit. Research did not uncover additional information about Mr. D. A. Honer, although it may be speculated that the son might have provided architectural services for the father's business . Although a room was added to the building in 1967, the addition was added to the rear and was designed to be differentiated yet compatible with overhanging eaves and wood board and batten siding. The Honer House is also found architecturally notable for its early utilization of Direct Gain passive solar design. Its use of floor to ceiling casement windows and double French doors are grouped to allow air and light to flow through the home and enable passive solar cooling. This property may have been one of the first homes in Santa Ana to utilize Direct Gain; however, more research is required to confirm. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: None *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: November 3, 2022 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Honer House 2123 North Freeman Street State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: Honer House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022  Continuation  Update DPR 523L *P3a. Description (continued): set over a wood panel. Shielded by a wood fence that extends south from the façade, the south elevation of the west wing and the west elevation of the south wing face a large, brick-paved courtyard which is accessed and viewed through generous expanses of floor-to-ceiling windows and double French doors. Remaining fenestration throughout the building includes fixed and casement wood-frame windows of various size, jalousie windows, and tall casement windows made of single-light over wood panel. Other architectural elements include custom minimalist lighting on the wall of the west wing near the main entrance, the wood courtyard fence with vertical wood pickets alternating with empty spaces, and intermittent brick paving throughout the driveway and within the interior courtyard. The property is landscaped with shrubs and plants surrounding a decorative rock pathway that leads to the south side courtyard. A tree is centered within the courtyard. The property retains substantial integrity, the 1967 addition of a bedroom and storage notwithstanding. *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Honer House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residence and for its use of passive solar design. The recommended categorization is “Landmark” as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). It features a rambling plan, horizontal massing, deep eaves, rustic materials, and a fenestration plan that facilates an indoor/outdoor lifestyle. The wall length grouped casement windows and double French doors on the south elevation also contribute to the Direct Gain design of passive solar cooling, allowing for the passing through of more natural light. Character-defining features of the Honer House include, but may not be limited to: medium-pitched, complex hipped roof; interior brick chimney at center of front-facing wing; wide-overhanging eaves with exposed rafters and a continuous wood fascia; board and batten and vertical wood siding; primary entrance composed of a slab door flanked by obscured glass sidelighte; grouped casement and fixed windows over wooden spandrel panels; double French doors; jalousie windows; original exterior lighting on the west wing; and a brick paved front courtyard enclosed by a vertical wood fence. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. 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 Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report November 3, 2022 Topic: HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 – Honer House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022-21 and Historic Register Categorization No. 2022-15 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Scott and Lisa Michaelis, subject to non- substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Scott and Lisa Michaelis are requesting approval to designate an existing residence located at 2123 North Freeman 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. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Freeman Street in the West Floral Park neighborhood. The site contains a 2,271-square-foot, Contemporary Ranch style residence and attached garage on an 8,898-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical 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 a historical 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 Historic Resources Commission 1 – 1 11/3/2022 Exhibit 10 HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 – Honer House November 3, 2022 Page 2 3 0 3 2 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 the 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, as the structure is 65 years old and is a good example of period architecture. No known code violations exist on record for this property. The Honer House is architecturally significant as a representative example of a Contemporary Ranch style home, in Santa Ana. According to City building records, it was built in 1957 by Donald A. Honer for approximately $27,000. Mr. Honer owned and occupied the house from 1957 to at least 1979 (when public records end). Research did not uncover additional information about Mr. Honer. The Honer House is also found architecturally significant for its associations with the Direct Gain passive solar design. Its use of floor to ceiling casement windows and double French doors are grouped to allow air and light to flow through the home and enable passive solar cooling. This property may have been one of the first homes in Santa Ana to utilize Direct Gain, however more research is required to confirm. The Honer House is a single-story, single-family residence designed in the Contemporary Ranch Style. The building sits on a modestly sized parcel. The asymmetrical plan has four primary wings spanning each cardinal direction with an attached garage at the north wing. The prominent west wing that extends towards North Freeman Street has primary elevations facing west, north, and south. The building has a mid-pitch, cross-gable hipped roof with replacement composition shingles and an interior brick chimney at the center of the front-facing west wing. The roof exhibits wide overhanging eaves with exposed rafters throughout all four primary wings. The exterior of the house is clad primarily in vertical wood siding. The main entrance, which is located on the north façade of the west wing, consists of a single, slightly recessed door flanked by two obscured glass side lites, which is raised above a shallow brick-clad concrete step. Two sets of paired, narrow, wood- frame casement windows, each composed of single-lite over wood panel, are immediately west of the entry. The south elevation contains a series of windows which extend to nearly the height of the wall, consisting of casements and double French doors. Remaining fenestration throughout the building includes fixed and casement wood-frame windows of various size, jalousie windows, and tall casement windows made of single- lite over wood panel. Other architectural elements include custom minimalist lighting on the wall of the west wing near the main entrance, a wood courtyard fence with red paneling, and intermittent brick paving throughout the driveway and within the interior courtyard. The property is landscaped with shrubs and plants surrounding a decorative rock pathway that leads to the south side courtyard. A tree is centered within the side yard courtyard. A later addition to the north wing is reflected by its lack of exposed rafters under eaves and board and batten vertical wood siding. Character-defining features of   Historic Resources Commission 1 – 2 11/3/2022   HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 – Honer House November 3, 2022 Page 3 3 0 3 2 the Honer House include, but may not be limited to: Mid-pitched, cross gable hipped roof; interior brick chimney at center of front-facing wing; wide-overhanging eaves with exposed rafter tails; vertical wood siding; primary entrance composed of a slab door flanked by sidelites; grouped casement windows, double French doors, fixed windows, and jalousie windows; original exterior lighting on the west wing; and a vertical wood fence enclosing side yard. The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residential building and for its use of passive solar design. The house displays characteristics of the Contemporary Ranch style through its use of single-story massing; wide overhanging eaves; exposed rafter tails; vertical wood siding; recessed entry; tall, grouped casement windows; jalousie windows; attached garage; side-yard fence enclosing side patio; and an emphasis on indoor-outdoor living. The recommended categorization is “Landmark” as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana. This category is reserved for structures exemplifying high architectural significance with potential eligibility to be placed on the National or State historic registers, and/or possesses unique architectural significance within the City of Santa Ana. The property is worthy of “Landmark” status due to the building’s high craftsmanship and use of wide overhanging eaves with exposed rafters; grouped, wood-frame casement windows and jalousie windows, among other original features. The wall-length grouped casement windows and double French doors on the south elevation contribute to the Direct Gain design of passive solar cooling, allowing for the passing through of more natural light. The building’s use of tall and numerous windows also contributes to the indoor-outdoor living ideology emphasized by Contemporary Ranch and Mid-Century Modern design. 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 2). 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 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: •Long term preservation of the property and visual improvement to the neighborhood •Allows for a mechanism to provide for property rehabilitation   Historic Resources Commission 1 – 3 11/3/2022   HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 – Honer House November 3, 2022 Page 4 3 0 3 2 •Provides additional incentive for potential buyers to purchase historic structures •Discourages inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. The following list includes the proposed structure improvements/maintenance plan for the subject property, which shall be completed over the course of the next ten years: 1. Historic window screen repair 2. Termite inspection/treatment 3. Repair gas supply line for fireplace 4. Repair/replace broken window in living room 5. Repair crack in the garage’s concrete floor 6. Repair damaged screen in garage skylight Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. 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. 2022-102 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 $1,501.50 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution   Historic Resources Commission 1 – 4 11/3/2022   HRCA No. 2022-21, HRC 2022-15, HPPA No. 2022-22 – Honer House November 3, 2022 Page 5 3 0 3 2 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency   Historic Resources Commission 1 – 5 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 1 of 5 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-21 TO PLACE THE PROPERTY LOCATED AT 2123 NORTH FREEMAN STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-15 PLACING SAID PROPERTY WITHIN THE LANDMARK CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 3, 2022, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-21) and categorization (Historic Resources Commission Categorization No. 2022-15) of the Honer House located at 2123 North Freeman Street, Santa Ana. B. The Honer House has distinctive architectural features of the Contemporary Ranch style and was built in 1957. C. The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residential building and for its use of passive solar design. The recommended categorization is “Landmark” as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). The wall length grouped casement windows and double French doors on the south elevation, contributes to the Direct Gain design of passive solar cooling, allowing for the passing through of more natural light. Cha racter-defining features of the Honer House include, but may not be limited to: Mid - pitched, cross gable hipped roof; interior brick chimney at center of front - facing wing; wide-overhanging eaves with exposed rafter tails; vertical wood siding; primary entrance composed of a slab door flanked by sidelites; grouped casement windows, double french doors, fixed windows, and jalousie windows; original exterior lighting on the west wing; and a vertical wood fence enclosing side yard. D. The legal owners of the property are Scott and Lisa Michaelis.   Historic Resources Commission 1 – 6 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 2 of 5 E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-102 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-21 to place the Honer House located at 2123 North Freeman Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-15 placing the Honer House located at 2123 North Freeman Street, Santa Ana, 92706 within the Landmark category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits att ached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 3rd day of November, 2022. __________________________ Tim Rush Chairperson   Historic Resources Commission 1 – 7 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 3 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Chief Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2022-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on November 3, 2022. Date: ________________ ____________________________________ Acting Commission Secretary City of Santa Ana   Historic Resources Commission 1 – 8 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-185-09 2123 North Freeman Street THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 14 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Scott and Lisa Michaelis   Historic Resources Commission 1 – 9 11/3/2022   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2022-XXX Page 5 of 5 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2021-21 and Historic Resources Commission Categorization No. 2022-15 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: The applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2123 North Freeman Street, historically known as the Honer House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.   Historic Resources Commission 1 – 10 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Scott and Lisa Michaelis, Husband and Wife as Community Property with Right of Survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 2123 North Freeman 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 2123 North Freeman Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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 1 – 11 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 February 8, 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 1 – 12 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 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 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 1 – 13 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 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 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 2123 North Freeman Street, Assessor Parcel Number, 001-185-09, 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   Historic Resources Commission 1 – 14 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 5 - 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: Clerk of the Council Owners: Scott and Lisa Michaelis 2123 North Freeman Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 1 – 15 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 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. {Signature page follows}   Historic Resources Commission 1 – 16 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNERS Date: ___________________ By:__________________ SCOTT MICHAELIS Date: ___________________ By:__________________ LISA MICHAELIS APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency   Historic Resources Commission 1 – 17 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 14 OF TRACT NO. 3012, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor’s Parcel Number: 001-185-09   Historic Resources Commission 1 – 18 11/3/2022   EXECUTIVE SUMMARY Honer House 2123 North Freeman Street Santa Ana, CA 92706 NAME Honer House REF. NO. ADDRESS 2123 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930’s designs of Southern California architect Cliff May, who sought to reinvent the West’s vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist’s concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set of character-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residential building and for its use of passive solar design. The recommended categorization is “Landmark” as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES:  California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.  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. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation.   Historic Resources Commission 1 – 19 11/3/2022   State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________Reviewer________________________Date_______________ Page _1_ of _3_ Resource name(s) or number (assigned by recorder) Honer House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle 2022 Date: 2022 *c. Address 2123 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Located on east side of Freeman Street, between W Buffalo Avenue to the north, W 21st Street to the south, N Towner Street to the west, and N Olive Street to the east. Assessor’s Parcel Number 001-185-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the Honer House is a single-story, single-family residence designed by local architect, Donald A. Honer, in the Contemporary Ranch Style. The building sits on a modestly sized parcel. The asymmetrical plan has four primary wings extending each cardinal direction with an attached garage at the north wing. A medium-pitched, complex hip roof clad with replacement composition shingles caps the building. The roof exhibits wide overhanging eaves with exposed rafters terminated by a continuous fascia throughout all four primary wings. The prominent west wing that extends towards North Freeman Street has primary elevations facing west, north, and south and an interior brick chimney that spans the roof ridge line. The exterior of the house is clad primarily in vertical wood and board and batten siding. A later addition to the north wing is reflected by its lack of exposed rafters under eaves and differentiated siding. The main entrance, which is located on the north façade of the west wing facing the driveway, consists of a single, slightly recessed door flanked by two obscured glass side lights. It is raised above a shallow brick-clad concrete step. Two sets of paired, narrow, wood-framed casement windows, each composed of single-light over wood spandrel panel, are immediately west of the entry. The west, street-facing façade contains a single, centered, large window (See Continuation Sheet 3 of 3.) *P3b. Resource Attributes: (list attributes and codes)HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) West and south elevations, view northeast, September 2022 *P6. Date Constructed/Age and Sources: historic 1957/ City of Santa Ana Building Permits *P7. Owner and Address: Scott and Lisa Michaelis 2123 North Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: November 3, 2022 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95)*Required information P5a. Photo   Historic Resources Commission 1 – 20 11/3/2022   State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code_5S3_________________________ *Resource Name or #: Honer House B1. Historic Name: Honer House B2. Common Name: None B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Contemporary Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): February 7, 1957. Constructed as a 7 room residence and garage. $17,000. April 24, 1967. Addition to residence (bed and storage room) by Allison Honer Co. - owner October 23, 1992. Reroof, 4,300 square feet, $15,395 September 10, 2008. Reroof, Remove wood shingles and apply comp shingles *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: None B9a. Architect:Donald A. Honer b. Builder: Allison Honer (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Honer House is architecturally significant as an outstanding and intact example of the Contemporary Ranch style, heavily influenced by the midcentury modern architecture popular at the time of its construction. This house was built in 1957 and valued at $17,000 according to the original building permit. The first owner, and architect credited on the building permit for the design, was Donald A. Honer, son of the prominent Santa Ana developer and contractor of the house, Allison Honer (Santa Ana Register, 12 August 1936, page 26). Donald Honer resided in the home until at least 1979; ownership may have been held by the Allison Honer Company, as specified on a 1967 building permit. Research did not uncover additional information about Mr. D. A. Honer, although it may be speculated that the son might have provided architectural services for the father's business . Although a room was added to the building in 1967, the addition was added to the rear and was designed to be differentiated yet compatible with overhanging eaves and wood board and batten siding. The Honer House is also found architecturally notable for its early utilization of Direct Gain passive solar design. Its use of floor to ceiling casement windows and double French doors are grouped to allow air and light to flow through the home and enable passive solar cooling. This property may have been one of the first homes in Santa Ana to utilize Direct Gain; however, more research is required to confirm. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: None *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: November 3, 2022 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.) Honer House 2123 North Freeman Street   Historic Resources Commission 1 – 21 11/3/2022   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_Resource Name: Honer House *Recorded by Andrea Dumovich Heywood *Date November 3, 2022  Continuation  Update DPR 523L *P3a. Description (continued): set over a wood panel. Shielded by a wood fence that extends south from the façade, the south elevation of the west wing and the west elevation of the south wing face a large, brick-paved courtyard which is accessed and viewed through generous expanses of floor-to-ceiling windows and double French doors. Remaining fenestration throughout the building includes fixed and casement wood-frame windows of various size, jalousie windows, and tall casement windows made of single-light over wood panel. Other architectural elements include custom minimalist lighting on the wall of the west wing near the main entrance, the wood courtyard fence with vertical wood pickets alternating with empty spaces, and intermittent brick paving throughout the driveway and within the interior courtyard. The property is landscaped with shrubs and plants surrounding a decorative rock pathway that leads to the south side courtyard. A tree is centered within the courtyard. The property retains substantial integrity, the 1967 addition of a bedroom and storage notwithstanding. *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Honer House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Honer House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Contemporary Ranch style residence and for its use of passive solar design. The recommended categorization is “Landmark” as a demonstrative example of Contemporary Ranch style and its unique architectural significance in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). It features a rambling plan, horizontal massing, deep eaves, rustic materials, and a fenestration plan that facilates an indoor/outdoor lifestyle. The wall length grouped casement windows and double French doors on the south elevation also contribute to the Direct Gain design of passive solar cooling, allowing for the passing through of more natural light. Character-defining features of the Honer House include, but may not be limited to: medium-pitched, complex hipped roof; interior brick chimney at center of front-facing wing; wide-overhanging eaves with exposed rafters and a continuous wood fascia; board and batten and vertical wood siding; primary entrance composed of a slab door flanked by obscured glass sidelighte; grouped casement and fixed windows over wooden spandrel panels; double French doors; jalousie windows; original exterior lighting on the west wing; and a brick paved front courtyard enclosed by a vertical wood fence. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. 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 Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979.   Historic Resources Commission 1 – 22 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 1 – 23 11/3/2022   MILLS ACT AGREEMENT 2123 North Freeman Street Santa Ana, CA 92706 - 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 1 – 24 11/3/2022   HRC 2022-15/ HRCA 2021-21/ HPPA 2022-22 2123 North Freeman Street HONER 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   Historic Resources Commission 1 – 25 11/3/2022   O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com Kelly Arcadio CITY OF SANTA ANA/PLANNING & BUILDING 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 2123 N Freeman Street 10/21/2022 Publication Total $122.45 $122.45 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3636464 !A000006145243! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process.We encourage you to contact us prior to the Public Hearing if you have any questions . Historic Resources Commission Action:The Historic Resources Commission will hold a Public Hearing to receive public testimony,and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location:2123 N.Freeman Street (historically known as the Honer House) located in the Single Family Residential (R-1)zoning district. Project Applicant:Scott and Lisa Michaelis Proposed Project:The applicant is requesting approval of Historic Resources Commission Application No.2022-21,Historic Register Categorization No.2022-15,and Historic Property Preservation Agreement No.2022-22 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Landmark for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact:In accordance with the California Environmental Quality Act,the recommended action is exempt from further review under Section 15331, Class 31,as this action is designed to preserve a historic resource.Categorical Exemption No.2022-102 will be filed for this project. Meeting Details:This matter will be heard on November 3,2022 at 4:30 p.m. in the City Council Chambers,22 Civic Center Plaza,Santa Ana,CA 92701. Members of the public may attend this meeting in-person or join via Zoom.For the most up to date information on how to participate virtually in this meeting,please visit www.santa-ana.org/pb/meeting- participation. Written Comments:If you are unable to participate in the meeting,you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item #in the subject line)or mail to Chelsea Shafer, Acting Recording Secretary,City of Santa Ana,20 Civic Center Plaza –M20,Santa Ana,CA 92701.Deadline to submit written comments is 3:00 p.m.on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s),including the full text of the discretionary item,may be found on the City website 72 hours prior to the public hearing at:https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any questions,please contact Andrea Dumovich Heywood with the Planning and Building Agency at aheywood@santa-ana.org or 714-647- 5899. Note:If you challenge the decision on the above matter,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at,or prior to,the public hearing. Si tiene preguntas en español,favor de llamar a Kelly Arcadio (714)647-5881. N u c n liên l c b ng ti ng Vi t, xin i n tho i cho Tony Lai s (714) 565-2627. 10/21/22 OR-3636464#   Historic Resources Commission 1 – 26 11/3/2022   CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed within 10 calendar days of the decision by any interested party or group. Project Location: 2123 N. Freeman Street (historically known as the Honer House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Scott and Lisa Michaelis Proposed Project: The applicant is requesting approval of Historic Resources Commission Application No. 2022-21, Historic Register Categorization No. 2022-15, and Historic Property Preservation Agreement No. 2022-22 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Landmark for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. 2022 -102 will be filed for this project. Meeting Details: This matter will be heard on November 3, 2022 at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.   +iVtoric 5eVoXrceV CoPPiVVion 1 – 2112022   Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at aheywood@santa-ana.org or 714-647-5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Kelly Arcadio (714) 647-5881. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Publish: OC Reporter Date: October 21, 2022 SITE   Historic Resources Commission 1 – 28 11/3/2022   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Eric Neigher and Jennifer Nguyen, a husband and wife as community property with right to survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 1915 North Flower 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 1915 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C.The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.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 11 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 March 22, 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 1915 North Flower Street Santa Ana, CA 92706 - 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 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 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 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 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 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 1915 North Flower Street, Assessor Parcel Number, 002-093-10, 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 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 5 - 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: Clerk of the Council Owners: Eric Neigher and Jennifer Nguyen 1915 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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. MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 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. {Signature page follows} MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNERS Date: ___________________ By:__________________ ERIC NEIGHER Date: ___________________ By:__________________ JENNIFER NGUYEN APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 17 FEET OF LOT 37 AND ALL OF LOT 38 OF TRACT NO. 748, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30 PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 002-093-10 EXECUTIVE SUMMARY Mabee House 1915 North Flower Street Santa Ana, CA 92706 NAME Mabee House REF. NO. ADDRESS 1915 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Hollywood Regency The Hollywood Regency style originated from Great Britian’s early nineteenth century residential architecture, specifically from the reign of George IV, between 1811-1820. Britian’s original Regency style utilized simple details blended with broad forms of Neoclassism. The Hollywood Regency style, popularized in Southern California and occassionally known as Regnecy Moderne, reflects a simplified reference to the Art Deco and Moderne styles. While its uncomplicated massing and subduded ornamentation are a nod to Modernism, it also references Neoclassicsm and incorporates more historic references than either the Art Deco or Moderne. The style reflects the refined decadence that was seen in Hollywood films of the period. It was fashionable with well-to-do clientele who could afford custom-built single-family residences and commercial buildings. The Hollywood Regency style, while never as popular as other period styles, remained relevant from the early 1930s to 1970. However, following World War II, Modern elements outweighed those of Neoclassicsm. Thus, the style can be understood as as the pre-war Hollywood Regency (1931 – 1945) and post-war Late Hollywood Regency (1946- 1970). Character-defining features of the Hollywood Regency style (1931-1945) include Mansard, hipped, or gabled roofs; and use of multiple cladding materials such as stucco with wood clapboard or brick veneer. Window treatments are typically casements made of either steel-frame or wood-sash. The Hollywood Regency style features symmetrical Neoclassical designs and ornamentation, including porches of double height, often made of iron. These porches typically feature narrow columns, fluted pilasters, pediments, and balconettes. Overall, the use of ornamentation is subdued and minimal. SUMMARY/CONCLUSION: The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Hollywood Regency style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. •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. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. Exhibit B State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _6_ Resource name(s) or number (assigned by recorder) Mabee House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 1915 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-093-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Mabee House is a two-story single-family residence on a large parcel, constructed in the Hollywood Regency style (Figure 1). The main residence has an L-shaped footprint with a cross-gable roof. Asymmetrical in design, the house exhibits a pavilion-like two-story massing with emphasis on the taller lower story. The exterior of the house is clad in a combination of smooth stucco throughout the lower story and horizontal wood siding along the shorter upper story. The primary (west) façade features three wall dormers with characteristic segmentally arched heads above three windows at the second story: a single stained glass window centered between two multi-lite wood-frame casement windows with wood shutters (Figures 2 and 3). The ground floor of the primary façade contains an entry porch centered between a single multi-lite wood- frame casement window to the north and a multi-lite wood-frame bow window to the south (Figure 4). The entry porch is characterized by wrought iron supports rising to a second story balconette with a wrought iron railing, and minimal decorative trim featuring two gold stars (Figure 5). The main entrance door located beneath the porch roof is a simple paneled door lacking lites. An original Art-Deco style address stating “1915” and mailslot resides adjacent to the main entrance (Figure 6). (See Continuation Sheet 3 of 6.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (West) elevation, view east, December 2022 *P6. Date Constructed/Age and Sources: historic 1936/ City of Santa Ana Building Permits *P7. Owner and Address: Eric Neigher and Jennifer Nguyen 1915 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 19, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95)+- *Required information P5a. Photo State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 6 *NRHP Status Code_5S3_________________________ *Resource Name or #: Mabee House B1. Historic Name: Mabee House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Hollywood Regency *B6. Construction History: (Construction date, alterations, and date of alterations): July 8, 1936. Permit to construct a residence and garage. $14,000. September 12, 1966. Permit for swimming pool. $3,000. June 22, 2007. Interior demolition: remove existing bedroom and bathroom to create family room. No exterior modifications. June 29, 2007. Close out (remove) two existing windows and replace three windows. General interior remodel, removing and constructing partition walls. April 28, 2015. 175 square feet addition in detached garage, to be used as a bathroom. September 17, 2015. New solar panels. July 30, 2018. New attached solid patio cover at building’s rear, approximately 335 square feet and 10 feet tall. Date Unknown. Replacement of stained glass window above entry. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached garage, pool, and ancillary shed. B9a. Architect: Unknown b. Builder: E.A. Kaiser *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1936 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Mabee House is architecturally significant as a simple and rare example of the Hollywood Regency style in Santa Ana. According to City building records, it was built in 1936 for approximately $14,000. Dr. Melbourne Mabee, who worked at the Santa Ana Clinic, was the property's first owner and lived in the home from 1936 to 1937. Dr. Mabee, a well-established physician and surgeon who began his practice shortly after World War I, moved from Chicago to Santa Ana in 1932. His local practice had ties with Dr. Frank H. Paterson of the Santa Ana Clinic. Additionally, Dr. Mabee acted as president of the Santa Ana Kiwanis club for one year. Tragically, on March 23, 1937, Dr. Mabee suffered a heart attack at age 60 in his newly built home (Santa Ana Register, March 24, 1937). (See Continuation Sheet 3 of 6.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 6.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: January 19, 2023 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Mabee House 1915 North Flower Street N State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 6_ Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023  Continuation  Update DPR 523L *P3a. Description (continued): Multi-lite wood-frame casement windows of various sizes appear on the side (north and south) and rear (east) facades. The rear façade also incorporates a single oval window at the second story and two wood-frame single-hung windows at the first story. Second story siding also varies at the rear façade with vertical siding occurring along a portion of the building’s rear volume (Figure 7). A stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the lower and upper stories (Figure 8). A rear, brick chimney rises above the roofline, which is visible from the property’s rear. A detached garage, pool, and small shed are located east of the rear (east) elevation of the residence (Figures 9). The front (west) side of the property is landscaped with a lawn and a mix of low shrubs and medium-to-tall trees and is encircledby a low wood fence and manicured shrubs. A wrought-iron gate encloses the long driveway leading towards the detached garage. A brick wall of moderate-height divides the rear yard from the detached garage as well as the front and rear yards at the south side of the property. While much of the property’s unique architectural features remain intact, several if not all of the windows appear to be replacement wood windows. The stained glass window above the entry has been replaced at an unknown date. Lastly, it is plausible that a rear addition was added at some point, where the vertical wood siding and oval window differ from the rest of the home, *B10. Significance (continued): City directories reveal that the property was then sold at some point between 1937 and 1938 to Bob Fernandez, who owned the property until circa 1956. The following owner, Walter T Flaherty, resided in the home from circa 1960 to 1970. In 1979, Linda White is listed as an occupant of the subject property. City directories from 1985 to 1990, list Doris E White as the occupant. By 2000, Jack White is listed as the property owner. From circa 2006 to 2008, Michael Urtel is listed as an occupant of the subject property. City directories end in 2008. The Mabee 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 orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. Located in Floral Park, the house cost $14,000 to build, a considerable investment for the year of its construction, 1936. The Hollywood Regency style is extremely rare in Santa Ana. Referencing the period when George IV was Prince Regent in England, this briefly fashionable style was an eclectic expression of the Georgian Colonial Revival in combination with the simplicity of the Moderne style. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Hollywood Regency style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Hollywood Regency style exhibited by the house include its the pavilion-like two- story massing with emphasis on the taller lower story; horizontal panel siding throughout the upper story and smooth stucco finish on the taller lower story; wall dormers with characteristic segmentally arched heads; multi-lite wood-frame bow window featuring several gold star details above; wood-frame multi-lite casement windows and window shutters; original mailslot and address; wrought iron railings, porch supports and minimal decorative trim featuring two gold stars; stylized Classical elements such as the frieze between stories accented by applied triglyphs; built-in planter at primary façade; and brick chimney. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 6_ Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023  Continuation  Update DPR 523L *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989 Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 6_ Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023  Continuation  Update DPR 523L Additional Figures: Figure 2. A single stained glass window at the second story, facing east. Figure 3. A two multi-lite wood-frame casement window with wood shutters, facing east. Figure 4. Multi-lite wood-frame bow window south of the entry porch, facing southeast. Figure 5. The entry porch, characterized by wrought iron railings, porch supports, and trim, facing east. Figure 6. Original Art-Deco style address stating “1915” and mailslot resides adjacent to the main entrance, facing east. Figure 7. Single oval window at the second story with vertical siding occurring along a portion of the building’s rear volume, facing northwest. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 6_ of 6_ Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023  Continuation  Update DPR 523L Figure 8. Stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the the lower and upper stories, facing southwest. Figure 9. Detached garage and pool, facing southwest. MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report January 19, 2023 Topic: HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 – Mabee House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022-23 and Historic Register Categorization No. 2022-16 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Eric Neigher and Jennifer Nguyen, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Eric Neigher and Jennifer Nguyen are requesting approval to designate an existing residence located at 1915 North Flower 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. DISCUSSION Project Location and Site Description The subject property is located on the east side of North Flower Street in the Floral Park neighborhood. The site contains a 3,204-square-foot, Hollywood Regency style residence and detached garage on an 11,480-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical 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 a historical property any building or part thereof, object, structure, or site Historic Resources Commission 45 1/19/2023 Exhibit 12 HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 – Mabee House January 19, 2023 Page 2 3 1 5 5 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 the 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, as the structure is 87 years old and is a good example of period architecture. No known code violations exist on record for this property. The Mabee House is architecturally significant as a representative example of a Hollywood Regency style home, in Santa Ana. According to City building records, it was built in 1936 for approximately $14,000. Dr. Melbourne Mabee, who worked at the Santa Ana Clinic, was the property's first owner and lived in the home from 1936 to 1937. Dr. Mabee, a well-established physician and surgeon who began his practice shortly after World War I, moved from Chicago to Santa Ana in 1932. Additionally, Dr. Mabee acted as president of the Santa Ana Kiwanis club for one year. Tragically, on March 23, 1937, Dr. Mabee suffered a heart attack at age 60 in his newly built home (Santa Ana Register, March 24, 1937). City directories reveal that the property was then sold at some point between 1937 and 1938 to Bob Fernandez, who owned the property until circa 1956. The following owner, Walter T. Flaherty, resided in the home from circa 1960 to 1970. In 1979, Linda White is listed as an occupant of the subject property. City directories from 1985 to 1990, show that Doris E. White occupied the property. In 2000, Jack White is stated as the owned. From circa 2006 to 2008, Michael Urtel occupied the subject property. City directories end in 2008. The Mabee House is a two-story single-family residence on a large parcel, constructed in the Hollywood Regency style. The main residence has an L-shaped footprint with a cross- gable roof. Asymmetrical in design, the house exhibits a pavilion-like two-story massing with emphasis on the taller lower story. The exterior of the house is clad in a combination of smooth stucco throughout the lower story and horizontal wood siding along the shorter upper story. The primary (west) façade features three wall dormers with characteristic segmentally arched heads above three windows at the second story: a single stained glass window centered between two multi-lite wood-frame casement windows with wood shutters. The ground floor of the primary façade contains an entry porch centered between a single multi-lite wood-frame casement window to the north and a multi-lite wood-frame bow window to the south. The entry porch is characterized by wrought iron supports rising to a second story balconette with a wrought iron railing, and minimal decorative trim featuring two gold stars. The main entrance door located beneath the porch roof is a simple paneled door lacking lites. An original Art-Deco style address stating “1915” and mailslot resides adjacent to the main entrance. Multi-lite wood-frame casement windows of various sizes appear on the sides (north and south) and rear (east)     Historic Resources Commission 46 1/19/2023   HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 – Mabee House January 19, 2023 Page 3 3 1 5 5 facades. The rear façade also incorporates a single oval window at the second story and two wood-frame single-hung windows at the first story. Second story siding also varies at the rear façade with vertical siding occurring along a portion of the building’s rear volume. A stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the lower and upper stories. A rear, brick chimney rises above the roofline, which is visible from the property’s rear. A detached garage, pool, and small shed are located east of the rear (east) elevation of the residence. The front (west) side of the property is landscaped with a lawn and a mix of low shrubs and medium-to-tall trees and is encircled by a low wood fence and manicured shrubs. A wrought-iron gate encloses the long driveway leading towards the detached garage. A brick wall of moderate-height divides the rear yard from the detached garage as well as the front and rear yards at the south side of the property. Character-defining features of the Hollywood Regency style exhibited by the house include the pavilion-like two-story massing with emphasis on the taller lower story; horizontal panel siding throughout the upper story and smooth stucco finish on the taller lower story; wall dormers with characteristic segmentally arched heads; multi-lite wood- frame bow window featuring several gold star details above; wood-frame multi-lite casement windows and window shutters; original mailslot and address; wrought iron railings, porch supports and minimal decorative trim featuring two gold stars; stylized Classical elements such as the frieze between stories accented by applied triglyphs; built- in planter at primary façade; and brick chimney. While much of the property’s unique architectural features remain intact, several if not all of the windows appear to be replacement wood windows. The stained glass window above the entry has been replaced at an unknown date. Lastly, it is plausible that a rear addition was added at some point, where the vertical wood siding and oval window differ from the rest of the home. However, these alterations appear to be in keeping with the Secretary of the Interior's Standards for Historic Rehabilitation guidelines. Specifically, the historic character of the property appears to be retained and preserved and the new work is differentiated from the old and is generally compatible. The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion as a rare example of a Depression era Hollywood Regency style home. Located in Floral Park, the house cost $14,000 to build, a considerable investment for the year of its construction, 1936. The Hollywood Regency style is extremely rare in Santa Ana. Referencing the period when George IV was Prince Regent in England, this briefly fashionable style was an eclectic expression of the Georgian Colonial Revival in combination with the simplicity of the Moderne style. The recommended categorization is “Contributive” because it contributes to the overall character and history of the Floral Park neighborhood and is a good example of period architecture.     Historic Resources Commission 47 1/19/2023   HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 – Mabee House January 19, 2023 Page 4 3 1 5 5 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 2). 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 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: •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 The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Over the initial ten years of the Mills Act contract for this property, the owner desires to complete the following work projects: landscaping improvements, install wrought iron gate at driveway, and casement window restoration where damage has occurred. Staff will work with the owner to ensure these items are completed in a sensitive manner in regards to the historic property and its character defining features. 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. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a     Historic Resources Commission 48 1/19/2023   HRCA No. 2022-23, HRC 2022-16, HPPA No. 2022-23 – Mabee House January 19, 2023 Page 5 3 1 5 5 notice was published in the Orange County Reporter and mailed 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, has been received from any members of the public. 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. 2022-102 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 $1,564.68 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency     Historic Resources Commission 49 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 1 of 5 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-23 TO PLACE THE PROPERTY LOCATED AT 1915 NORTH FLOWER STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-16 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On January 19, 2023, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-23) and categorization (Historic Resources Commission Categorization No. 2022-16) of the Mabee House located at 1915 North Flower, Santa Ana. B. The Mabee House has distinctive architectural features of the Hollywood Regency style and was built in 1936. C. The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. Located in Floral Park, the house cost $14,000 to build, a considerable investment for the year of its construction, 1936. The Hollywood Regency style is extremely rare in Santa Ana. Referencing the period when George IV was Prince Regent in England, this briefly fashionable style was an eclectic expression of the Georgian Colonial Revival in combination with the simplicity of the Moderne style. The recommended categorization is “Contributive” because it contributes to the overall character and history of the Floral Park neighborhood and is a good example of period architecture (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Hollywood Regency style exhibited by the house include the pavilion-like two-story massing with emphasis on the taller lower story; horizontal panel siding throughout the upper story and smooth stucco finish on the taller lower story; wall dormers with characteristic segmentally arched heads; multi-lite wood-frame bow window featuring several gold star details above; wood-frame multi-lite casement windows and window shutters;     Historic Resources Commission 50 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 2 of 5 original mailslot and address; wrought iron railings, porch supports and minimal decorative trim featuring two gold stars; stylized Classical elements such as the frieze between stories accented by applied triglyphs; built-in planter at primary façade; and brick chimney. D. The legal owners of the property are Eric Neigher and Jennifer Nguyen. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30-2.2(3) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-126 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-23 to place the Mabee House located at 1915 North Flower Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-16 placing the Mabee House located at 1915 North Flower Street, Santa Ana, 92706 within the Contributive category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.     Historic Resources Commission 51 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 3 of 5 ADOPTED this 19th day of January, 2023. __________________________ Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Chief Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on January 19, 2023. Date: ________________ ____________________________________ Acting Commission Secretary City of Santa Ana     Historic Resources Commission 52 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-093-10 1915 North Flower Street REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 17 FEET OF LOT 37 AND ALL OF LOT 38 OF TRACT NO. 748, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30 PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 002-093-10 Eric Neigher and Jennifer Nguyen     Historic Resources Commission 53 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 5 of 5 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-23 and Historic Resources Commission Categorization No. 2022-16 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 1915 North Flower Street, historically known as the Mabee House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.     Historic Resources Commission 54 1/19/2023   O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com KELLY ARCADIO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 1915 N Flower St 01/06/2023 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3657948 !A000006201819! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process.We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action:The Historic Resources Commission will hold a Public Hearing to receive public testimony,and will take action on the item described below.Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location:1915 North Flower Street (historically known as The Mabee House)located in the Single Family Residential (R-1)zoning district. Project Applicant:Eric Neigher and Jennifer Nguyen Project Description:The applicant is requesting approval of Historic Resources Commission Application No.2022-23, Historic Register Categorization No.2022- 16,and Historic Property Preservation Agreement No.2022-23 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA)and the CEQA Guidelines,the project is exempt from further review under Section 15331,Class 31,as this action is designed to preserve a historic resource.Categorical Exemption No.ER- 2022-126 will be filed for this project. Meeting Details:This matter will be heard on Thursday,January 19,2023,at 4:30 p.m.in the City Council Chambers, 22 Civic Center Plaza,Santa Ana,CA 92701.Members of the public may attend this meeting in-person or join via Zoom.For the most up to date information on how to participate virtually in this meeting,please visit www.santa- ana.org/pb/meeting-participation. Written Comments:If you are unable to participate in the meeting,you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the topic in the subject line)or mail to Chelsea Shafer,Acting Recording Secretary,City of Santa Ana,20 Civic Center Plaza –M20,Santa Ana,CA 92701.Deadline to submit written comments is 3:00 p.m.on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s),including the full text of the discretionary item,may be found on the City website 72 hours prior to the public hearing at:https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any questions,please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. Note:If you challenge the decision on the above matter,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at,or prior to,the public hearing. Si tiene preguntas en español,favor de llamar a Kelly Arcadio al (714)647- 5881. N u c n liên l c b ng ti ng Vi t,xin i n tho i cho Tony Lai s (714)565- 2627. 1/6/23 OR-3657948#     Historic Resources Commission 55 1/19/2023   CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 1915 North Flower Street (historically known as The Mabee House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Eric Neigher and Jennifer Nguyen Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-23, Historic Register Categorization No. 2022 -16, and Historic Property Preservation Agreement No. 2022-23 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Contributive for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2022-126 will be filed for this project. Meeting Details: This matter will be heard on Thursday, January 19, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the topic in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal.     +iVtoric 5eVoXrceV CoPPiVVion 119202   Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647-5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Kelly Arcadio (714) 647-5881. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Publish: OC Reporter Date: January 6, 2023 SITE     Historic Resources Commission 57 1/19/2023   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Eric Neigher and Jennifer Nguyen, a husband and wife as community property with right to survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 1915 North Flower 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 1915 North Flower Street, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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 58 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 March 22, 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 59 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 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 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 60 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 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 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 1915 North Flower Street, Assessor Parcel Number, 002-093-10, 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     Historic Resources Commission 61 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 5 - 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: Clerk of the Council Owners: Eric Neigher and Jennifer Nguyen 1915 North Flower Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 62 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 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. {Signature page follows}     Historic Resources Commission 63 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 7 - ATTEST:CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNERS Date: ___________________ By:__________________ ERIC NEIGHER Date: ___________________ By:__________________ JENNIFER NGUYEN APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency     Historic Resources Commission 64 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 17 FEET OF LOT 37 AND ALL OF LOT 38 OF TRACT NO. 748, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 30 PAGE 9 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 002-093-10     Historic Resources Commission 65 1/19/2023   EXECUTIVE SUMMARY Mabee House 1915 North Flower Street Santa Ana, CA 92706 NAME Mabee House REF. NO. ADDRESS 1915 North Flower Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1936 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Hollywood Regency The Hollywood Regency style originated from Great Britian’s early nineteenth century residential architecture, specifically from the reign of George IV, between 1811-1820. Britian’s original Regency style utilized simple details blended with broad forms of Neoclassism. The Hollywood Regency style, popularized in Southern California and occassionally known as Regnecy Moderne, reflects a simplified reference to the Art Deco and Moderne styles. While its uncomplicated massing and subduded ornamentation are a nod to Modernism, it also references Neoclassicsm and incorporates more historic references than either the Art Deco or Moderne. The style reflects the refined decadence that was seen in Hollywood films of the period. It was fashionable with well-to-do clientele who could afford custom-built single-family residences and commercial buildings. The Hollywood Regency style, while never as popular as other period styles, remained relevant from the early 1930s to 1970. However, following World War II, Modern elements outweighed those of Neoclassicsm. Thus, the style can be understood as as the pre-war Hollywood Regency (1931 – 1945) and post-war Late Hollywood Regency (1946- 1970). Character-defining features of the Hollywood Regency style (1931-1945) include Mansard, hipped, or gabled roofs; and use of multiple cladding materials such as stucco with wood clapboard or brick veneer. Window treatments are typically casements made of either steel-frame or wood-sash. The Hollywood Regency style features symmetrical Neoclassical designs and ornamentation, including porches of double height, often made of iron. These porches typically feature narrow columns, fluted pilasters, pediments, and balconettes. Overall, the use of ornamentation is subdued and minimal. SUMMARY/CONCLUSION: The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. The recommended categorization is “Contributive” because it contributes to the overall character and history of the Floral Park neighborhood and is a good example of period architecture (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES:  California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.  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. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation.     Historic Resources Commission 66 1/19/2023   State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________Reviewer________________________Date_______________ Page _1_ of _6_ Resource name(s) or number (assigned by recorder) Mabee House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 1915 North Flower Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-093-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Mabee House is a two-story single-family residence on a large parcel, constructed in the Hollywood Regency style (Figure 1). The main residence has an L-shaped footprint with a cross-gable roof. Asymmetrical in design, the house exhibits a pavilion-like two-story massing with emphasis on the taller lower story. The exterior of the house is clad in a combination of smooth stucco throughout the lower story and horizontal wood siding along the shorter upper story. The primary (west) façade features three wall dormers with characteristic segmentally arched heads above three windows at the second story: a single stained glass window centered between two multi-lite wood-frame casement windows with wood shutters (Figures 2 and 3). The ground floor of the primary façade contains an entry porch centered between a single multi-lite wood- frame casement window to the north and a multi-lite wood-frame bow window to the south (Figure 4). The entry porch is characterized by wrought iron supports rising to a second story balconette with a wrought iron railing, and minimal decorative trim featuring two gold stars (Figure 5). The main entrance door located beneath the porch roof is a simple paneled door lacking lites. An original Art-Deco style address stating “1915” and mailslot resides adjacent to the main entrance (Figure 6). (See Continuation Sheet 3 of 6.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (West) elevation, view east, December 2022 *P6. Date Constructed/Age and Sources: historic 1936/ City of Santa Ana Building Permits *P7. Owner and Address: Eric Neigher and Jennifer Nguyen 1915 North Flower Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 19, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95)+-*Required information P5a. Photo     Historic Resources Commission 67 1/19/2023   State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 6 *NRHP Status Code_5S3_________________________ *Resource Name or #: Mabee House B1. Historic Name: Mabee House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Hollywood Regency *B6. Construction History: (Construction date, alterations, and date of alterations): July 8, 1936. Permit to construct a residence and garage. $14,000. September 12, 1966. Permit for swimming pool. $3,000. June 22, 2007. Interior demolition: remove existing bedroom and bathroom to create family room. No exterior modifications. June 29, 2007. Close out (remove) two existing windows and replace three windows. General interior remodel, removing and constructing partition walls. April 28, 2015. 175 square feet addition in detached garage, to be used as a bathroom. September 17, 2015. New solar panels. July 30, 2018. New attached solid patio cover at building’s rear, approximately 335 square feet and 10 feet tall. Date Unknown. Replacement of stained glass window above entry. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached garage, pool, and ancillary shed. B9a. Architect:Unknown b. Builder: E.A. Kaiser *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1936 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Mabee House is architecturally significant as a simple and rare example of the Hollywood Regency style in Santa Ana. According to City building records, it was built in 1936 for approximately $14,000. Dr. Melbourne Mabee, who worked at the Santa Ana Clinic, was the property's first owner and lived in the home from 1936 to 1937. Dr. Mabee, a well-established physician and surgeon who began his practice shortly after World War I, moved from Chicago to Santa Ana in 1932. His local practice had ties with Dr. Frank H. Paterson of the Santa Ana Clinic. Additionally, Dr. Mabee acted as president of the Santa Ana Kiwanis club for one year. Tragically, on March 23, 1937, Dr. Mabee suffered a heart attack at age 60 in his newly built home (Santa Ana Register, March 24, 1937). (See Continuation Sheet 3 of 6.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 6.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: January 19, 2023 DPR 523B (1/95) *Required information *P3a. Description (continued): Sketch Map (This space reserved for official comments.) Mabee House 1915 North Flower Street N    Historic Resources Commission 68 1/19/2023   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 6_Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023  Continuation  Update DPR 523L Multi-lite wood-frame casement windows of various sizes appear on the side (north and south) and rear (east) facades. The rear façade also incorporates a single oval window at the second story and two wood-frame single-hung windows at the first story. Second story siding also varies at the rear façade with vertical siding occurring along a portion of the building’s rear volume (Figure 7). A stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the lower and upper stories (Figure 8). A rear, brick chimney rises above the roofline, which is visible from the property’s rear. A detached garage, pool, and small shed are located east of the rear (east) elevation of the residence (Figures 9). The front (west) side of the property is landscaped with a lawn and a mix of low shrubs and medium-to-tall trees and is encircledby a low wood fence and manicured shrubs. A wrought-iron gate encloses the long driveway leading towards the detached garage. A brick wall of moderate-height divides the rear yard from the detached garage as well as the front and rear yards at the south side of the property. While much of the property’s unique architectural features remain intact, several if not all of the windows appear to be replacement wood windows. The stained glass window above the entry has been replaced at an unknown date. Lastly, it is plausible that a rear addition was added at some point, where the vertical wood siding and oval window differ from the rest of the home, *B10. Significance (continued): City directories reveal that the property was then sold at some point between 1937 and 1938 to Bob Fernandez, who owned the property until circa 1956. The following owner, Walter T Flaherty, resided in the home from circa 1960 to 1970. In 1979, Linda White is listed as an occupant of the subject property. City directories from 1985 to 1990, list Doris E White as the occupant. By 2000, Jack White is listed as the property owner. From circa 2006 to 2008, Michael Urtel is listed as an occupant of the subject property. City directories end in 2008. The Mabee 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 orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). “Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana” (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. “When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each” (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell’s own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Mabee House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a rare example of a Depression era Hollywood Regency style home. Located in Floral Park, the house cost $14,000 to build, a considerable investment for the year of its construction, 1936. The Hollywood Regency style is extremely rare in Santa Ana. Referencing the period when George IV was Prince Regent in England, this briefly fashionable style was an eclectic expression of the Georgian Colonial Revival in combination with the simplicity of the Moderne style. The recommended categorization is “Contributive” because it contributes to the overall character and history of the Floral Park neighborhood and is a good example of period architecture.(Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Hollywood Regency style exhibited by the house include its the pavilion-like two-story massing with emphasis on the taller lower story; horizontal panel siding throughout the upper story and smooth stucco finish on the taller lower story; wall dormers with characteristic segmentally arched heads; multi-lite wood-frame bow window featuring several gold star details above; wood-frame multi-lite casement windows and window shutters; original mailslot and address; wrought iron railings, porch supports and minimal decorative trim featuring two gold stars; stylized Classical elements such as the frieze between stories accented by applied triglyphs; built-in planter at primary façade; and brick chimney.     Historic Resources Commission 69 1/19/2023   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 6_Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023  Continuation  Update DPR 523L *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. “How to Complete the National Register Registration Form.” Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-2017. Ancestry.com Newspapers.com (Santa Ana Register) Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989 Talbert, Thomas B. The Historical Volume and Reference Works: Covering Garden Grove, Santa Ana, Tustin. Volume 1: Orange County. Whittier: Historical Publishers, 1963.     Historic Resources Commission 70 1/19/2023   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 5_ of 6_Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023  Continuation  Update DPR 523L Additional Figures: Figure 2. A single stained glass window at the second story, facing east. Figure 3. A two multi-lite wood-frame casement window with wood shutters, facing east. Figure 4. Multi-lite wood-frame bow window south of the entry porch, facing southeast. Figure 5. The entry porch, characterized by wrought iron railings, porch supports, and trim, facing east. Figure 6. Original Art-Deco style address stating “1915” and mailslot resides adjacent to the main entrance, facing east. Figure 7. Single oval window at the second story with vertical siding occurring along a portion of the building’s rear volume, facing northwest.     Historic Resources Commission 71 1/19/2023   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 6_ of 6_Resource Name: Mabee House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023  Continuation  Update DPR 523L Figure 8. Stylized Classical frieze with applied triglyphs wraps around the entire building, dividing the the lower and upper stories, facing southwest. Figure 9. Detached garage and pool, facing southwest.     Historic Resources Commission 72 1/19/2023       Historic Resources Commission 73 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 74 1/19/2023   MILLS ACT AGREEMENT 1915 North Flower Street Santa Ana, CA 92706 - 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 75 1/19/2023   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Matthew L. Hale, A Single Man, and Robert D. Hale, A Single Man, as Joint Tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 947 West Buffalo Avenue, 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 947 West Buffalo Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C.The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D.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 13 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 March 22, 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 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 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 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 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 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 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 947 West Buffalo Avenue, Assessor Parcel Number, 001-181-21, 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 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 5 - 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. C ity: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Matthew L. and Robert D. Hale 947 West Buffalo Avenue Santa Ana, CA 92706 10.General Provisions. a.None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b.The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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. MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 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. {Signature page follows} MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNERS Date: ___________________ By:__________________ MATTHEW L. HALE Date: ___________________ By:__________________ ROBERT D. HALE APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 58 FEET OF LOT 4 AND THE EAST 2 FEET OF LOT 3 OF TRACT NO. 3012 AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 001-181-21 EXECUTIVE SUMMARY Grover Collins House 947 West Buffalo Avenue Santa Ana, CA 92706 NAME Grover Collins House REF. NO. ADDRESS 947 West Buffalo Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930’s designs of Southern California architect Cliff May, who sought to reinvent the W est’s vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist’s concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set of character-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as highly intact example of a Ranch style tract house in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES: •California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. •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. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. Exhibit B State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _4_ Resource name(s) or number (assigned by recorder) Grover Collins House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 947 West Buffalo Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-181-21 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the Grover Collins House is a one-story, single-family Ranch Style residence with detached garage (Figure 1). Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with broad, overhanging eaves and exposed rafters (Figure 2). The exterior of the house is clad primarily in a combination of stucco, brick, and distinctive board and batten siding (Figure 3). The primary (south) façade contains five architectural bays, with two window bays on either side of the central main entrance bay, which is located within the front porch (Figure 4). The four window bays along the primary façade contain steel-frame, multi-lite casement windows. The westernmost window is a corner window that projects on brackets outward from the façade and wraps around the building’s southwest corner (Figure 5). Two identical windows are situated east of the main entrance, with a smaller window to the west of the main entrance (Figure 6). Wooden shutters with scalloped detailing outfit the three windows along the primary façade. The front porch is characterized by a low brick wall that wraps around the west half of the primary façade, and single wood post that supports the partial width front porch. The entry features an X-paneled and partially glazed front door beneath a wood lap-clad porch ceiling. Brick siding extends east of the entry porch, below the identical steel-frame windows. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (South) elevation, view northeast, December 2022 *P6. Date Constructed/Age and Sources: historic 1957/ City of Santa Ana Building Permits *P7. Owner and Address: Matthew L. and Robert D. Hale 947 West Buffalo Avenue Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 19, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95) *Required information P5a. Photo State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code_5S3_________________________ *Resource Name or #: Grover Collins House B1. Historic Name: Grover Collins House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): May 27, 1957. Permit to construct a 6 room residence and garage. $17,000. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Roy Russell *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Grover Collins House is architecturally significant as a highly intact example of a Ranch style tract house in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. According to City building records, it was built in 1957 for approximately $17,000. According to City directories, by 1960, the house was sold to Grover G Collins, who lived on the property until circa 1975 (when records discontinued listing the homeowner). City directory records indicate that Donald McNealy owned the home in 2000, and in 2008 it was owned by Dexter Whitfield. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: January 19, 2023 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Grover Collins House 947 West Buffalo Avenue N State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_ Resource Name: Grover Collins House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023 Continuation  Update DPR 523L *P3a. Description (continued): Steel-frame, multi-lite casements and single or double-hung wood windows appear on both east and west side facades. Fenestration along the rear façade includes two large wood-frame multi-lite fixed windows flanked by single or double-hung wood windows, and an aluminum-frame sliding glass door window that is situated within a rear covered patio. An interior brick chimney rises above the roofline near the building’s west façade. A detached garage is located at the northwest corner of the parcel (Figure 7). The property is landscaped with a lawn, low vegetation, a brick-clad pathway located in the middle of the front yard that leads to the entrance, and a long driveway that leads towards the rear, detached garage. *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Grover Collins House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a speculatively built Ranch Style house by prolific developer Roy Russell from the mid-1950s. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Grover Collins House include, but may not be limited to: horizontal massing; low-pitched complex hipped roof clad in wood shingles; broad, overhanging eaves with exposed rafter tails; combination of exterior materials including stucco, brick, wood lap, and distinctive board and batten siding; front porch entry characterized by a low brick wall and single wood post; X-paneled and partially glazed front door; multi-lite windows with original wood shutters that have scalloped wood detailing; distinctive steel-frame, multi-lite casement window at the southwest corner with architectural brackets below; steel-frame, multi-lite casement windows and wood windows consisting of the single-hung veriety and multi-lite fixed windows. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. 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 Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1990. State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_ Resource Name: Grover Collins House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023 Continuation  Update DPR 523L Additional Figures: Figure 2. Exposed rafter detail, facing northwest. Figure 3. Distinctive board and batten siding, facing northwest. Figure 4. View of detached garage, facing north. Figure 5. Corner window that projects outward from the façade and wraps around the building’s southwest corner, facing northeast. Figure 6. Two identical, steel-frame, multi-lite casement windows, facing north. Figure 7. View of detached garage, facing north. MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report January 19, 2023 Topic: HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 – Grover Collins House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2022-27 and Historic Register Categorization No. 2022-17 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Matthew L. and Robert D. Hale, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Matthew L. and Robert D. Hale are requesting approval to designate an existing residence located at 947 West Buffalo Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. DISCUSSION Project Location and Site Description The subject property is located on the north side of West Buffalo Avenue in the West Floral Park neighborhood. The site contains a 1,741-square-foot, Ranch style residence and detached garage on a 7,860-square-foot residential lot (Exhibit 3). Analysis of the Issues Historical 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 a historical 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 Historic Resources Commission 17 1/19/2023 Exhibit 14 HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 – Grover Collins House January 19, 2023 Page 2 3 1 5 3 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 the 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, as the structure is 66 years old and is a good example of period architecture. No known code violations exist on record for this property. The Grover Collins House is architecturally significant as a representative example of a highly intact Ranch style tract home in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. According to City building records, it was built in 1957 for approximately $17,000. City directories indicate by 1960, the house was sold to Grover G Collins, who lived on the property until circa 1975 (when records discontinued listing the homeowner). City directory records indicate that Donald McNealy owned the home in 2000 and in 2008 it was owned by Dexter Whitfield. The Grover Collins House is a one-story, single-family Ranch Style residence with detached garage. Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with broad, overhanging eaves and exposed rafters. The exterior of the house is clad primarily in a combination of stucco, brick, and distinctive board and batten siding. The primary (south) façade contains five architectural bays, with two window bays on either side of the central main entrance bay, which is located within the front porch. The four window bays along the primary façade are steel-frame, multi-lite casement windows. The western-most window is a corner window that projects on brackets outward from the façade and wraps around the building’s southwest corner. Two identical windows are situated east of the main entrance, with a smaller window to the west of the main entrance. Wooden shutters with scalloped detailing outfit the three windows along the primary façade. The front porch is characterized by a low brick wall that wraps around the west half of the primary façade, and single wood post that supports the partial width front porch. The entry features an X- paneled and partially glazed front door beneath a wood lap-clad porch ceiling. Brick siding extends east of the entry porch, below the identical steel-frame windows. Steel-frame, multi-lite casements and single or double-hung wood windows appear on both east and west side facades. Fenestration along the rear façade includes two large wood-frame multi-lite fixed windows flanked by single or double-hung wood windows, and an aluminum-frame sliding glass door window that is situated within a rear covered patio. An interior brick chimney rises above the roofline near the building’s west façade. A detached garage is located at the northwest corner of the parcel. The property is landscaped with a lawn, low vegetation, a brick-clad pathway located in the middle of the     Historic Resources Commission 18 1/19/2023   HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 – Grover Collins House January 19, 2023 Page 3 3 1 5 3 front yard that leads to the entrance, and a long driveway that leads towards the rear, detached garage. Character-defining features of the Grover Collins House include, but may not be limited to: horizontal massing; low-pitched complex hipped roof clad in wood shingles; broad, overhanging eaves with exposed rafter tails; combination of exterior materials including stucco, brick, wood lap, and distinctive board and batten siding; front porch entry characterized by a low brick wall and single wood post; X-paneled and partially glazed front door; multi-lite windows with original wood shutters that have scalloped wood detailing; distinctive steel-frame, multi-lite casement window at the southwest corner with architectural brackets below; steel-frame, multi-lite casement windows and wood windows consisting of the single-hung variety and multi-lite fixed windows. The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a speculatively-built Ranch Style house by prolific developer Roy Russell from the mid-1950s. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style. This category is reserved for structures exemplifying greater architectural significance than the “Contributive” category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of “Key” status due to the building’s Ranch style and quality craftsmanship which features wide overhanging eaves with exposed rafters; wood shingle roof; grouped, steel-frame casement windows with wood shutters, among other original features. 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 2). 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 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: •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     Historic Resources Commission 19 1/19/2023   HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 – Grover Collins House January 19, 2023 Page 4 3 1 5 3 The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Following the purchase of the home in 2017, the property underwent improvements including interior and exterior upgrades and restoration. The overall exterior work included window restoration (which maintained the original window frames and glass), driveway gate repair, and painting in 2019. The following year, exterior work involved front door hardware restoration and landscape improvements. In 2022, landscape improvements continued and exterior light fixtures were improved with period-correct pieces. Overall, future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include replacing the garage door, painting, chimney maintenance, replacement of wood shingle roof in-kind to match existing, driveway and rear patio concrete repair, and general on-going maintenance. During the 2022 site visit, staff noted that the building’s roof maintains compatible wood shingles, which is a character defining feature of the house. The owner desires to maintain the roof’s wood shingle style and will work with staff to ensure that the proposed new roof will be compatible and maintain the existing wood shingle look and/or material as part of the Mills Act Agreement for this property. 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. Public Notification The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. 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     Historic Resources Commission 20 1/19/2023   HRCA No. 2022-27, HRC 2022-17, HPPA No. 2022-24 – Grover Collins House January 19, 2023 Page 5 3 1 5 3 are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-102 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 $848.30 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency     Historic Resources Commission 21 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 1 of 5 RESOLUTION NO. 2023-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2022-27 TO PLACE THE PROPERTY LOCATED AT 947 WEST BUFFALO STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2022-17 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On January 19, 2023, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2022-27) and categorization (Historic Resources Commission Categorization No. 2022-17) of the Grover Collins House located at 947 West Buffalo Avenue, Santa Ana. B. The Grover Collins House has distinctive architectural features of the Ranch style and was built in 1957. C. The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a speculatively built Ranch Style house by prolific developer Roy Russell from the mid-1950s. The house displays characteristics of the Ranch style through its use of single-story, horizontal massing; broad overhanging eaves with exposed rafter tails; low-pitched hipped roof clad in wood shingles; asymmetrical façade; brick, wood lap, and distinctive board and batten siding; partial recessed entry; grouped casement windows with wood shutters; and a brick planter. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). This category is reserved for structures exemplifying greater architectural significance than the “Contributive” category, in addition to contributing to the overall neighborhood or district within the City of Santa Ana. The property is worthy of “Key” status due to the building’s Ranch style and quality craftsmanship which features wide overhanging eaves with exposed rafters; wood shingle roof; grouped, steel-frame casement windows with wood shutters, among other original features. Character- defining features of the Grover Collins House include, but may not be     Historic Resources Commission 22 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 2 of 5 limited to: Horizontal massing; low-pitched complex hipped roof clad in wood shingles; broad, overhanging eaves with exposed rafter tails; combination of exterior materials including stucco, brick, wood lap, and distinctive board and batten siding; front porch entry characterized by a low brick wall and single wood post; X-paneled and partially glazed front door; multi-lite windows with original wood shutters that have scalloped wood detailing; distinctive steel-frame, multi-lite casement window at the southwest corner with architectural brackets below; steel-frame, multi-lite casement windows and wood windows consisting of the single-hung variety and multi-lite fixed windows. D. The legal owners of the property are Matthew L. and Robert D. Hale. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption No. ER-2022-125 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2022-27 to place the Grover Collins House located at 947 West Buffalo Avenue, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2022-17 placing the Grover Collins House located at 947 West Buffalo, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.     Historic Resources Commission 23 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 3 of 5 Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 19th day of January, 2023. __________________________ Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Chief Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, CHELSEA SHAFER, Acting Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on January 19, 2023. Date: ________________ ____________________________________ Acting Commission Secretary City of Santa Ana     Historic Resources Commission 24 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-181-21 947 West Buffalo Avenue REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 58 FEET OF LOT 4 AND THE EAST 2 FEET OF LOT 3 OF TRACT NO. 3012 AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Matthew L. and Robert D. Hale     Historic Resources Commission 25 1/19/2023   FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2023-XXX Page 5 of 5 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2022-27 and Historic Resources Commission Categorization No. 2022-17 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 947 W est Buffalo Avenue, historically known as the Grover Collins House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.     Historic Resources Commission 26 1/19/2023   O R A N G E C O U N T Y R E P O R T E R OR# ~SINCE 1921~ To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Daily Journal Corporation Serving your legal advertising needs throughout California. Mailing Address : 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com KELLY ARCADIO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 GPN GOVT PUBLIC NOTICE 947 W Buffalo Ave 01/06/2023 ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST-RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER-CITY EXPRESS, OAKLAND (510) 272-4747 Notice Type: Ad Description COPY OF NOTICE 3657945 !A000006201770! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision- making process.We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action:The Historic Resources Commission will hold a Public Hearing to receive public testimony,and will take action on the item described below.Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location:947 West Buffalo Avenue (historically known as The Grover Collins House)located in the Single Family Residential (R-1)zoning district. Project Applicant:Matthew L.and Robert D.Hale Project Description:The applicant is requesting approval of Historic Resources Commission Application No.2022-27, Historic Register Categorization No.2022- 17,and Historic Property Preservation Agreement No.2022-24 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Key for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact:Pursuant to the California Environmental Quality Act (CEQA)and the CEQA Guidelines,the project is exempt from further review under Section 15331,Class 31,as this action is designed to preserve a historic resource.Categorical Exemption No.ER- 2022-125 will be filed for this project. Meeting Details:This matter will be heard on Thursday,January 19,2023,at 4:30 p.m.in the City Council Chambers, 22 Civic Center Plaza,Santa Ana,CA 92701.Members of the public may attend this meeting in-person or join via Zoom.For the most up to date information on how to participate virtually in this meeting,please visit www.santa- ana.org/pb/meeting-participation. Written Comments:If you are unable to participate in the meeting,you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the topic in the subject line)or mail to Chelsea Shafer,Acting Recording Secretary,City of Santa Ana,20 Civic Center Plaza –M20,Santa Ana,CA 92701.Deadline to submit written comments is 3:00 p.m.on the day of the meeting.Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s),including the full text of the discretionary item,may be found on the City website 72 hours prior to the public hearing at:https://santa- ana.primegov.com/public/portal. Who To Contact For Questions:Should you have any questions,please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. Note:If you challenge the decision on the above matter,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at,or prior to,the public hearing. Si tiene preguntas en español,favor de llamar a Kelly Arcadio al (714)647- 5881. N u c n liên l c b ng ti ng Vi t,xin i n tho i cho Tony Lai s (714)565- 2627. 1/6/23 OR-3657945#     Historic Resources Commission 27 1/19/2023   CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 500 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 947 W est Buffalo Avenue (historically known as The Grover Collins House) located in the Single Family Residential (R-1) zoning district. Project Applicant: Matthew L. and Robert D. Hale Project Description: The applicant is requesting approval of Historic Resources Commission Application No. 2022-27, Historic Register Categorization No. 2022 -17, and Historic Property Preservation Agreement No. 2022-24 to allow the placement and categorization in the Santa Ana Register of Historical Properties as Key for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Ac t (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2022-125 will be filed for this project. Meeting Details: This matter will be heard on Thursday, January 19, 2023, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send writ ten comments by e-mail to PBAeComments@santa-ana.org (reference the topic in the subject line) or mail to Chelsea Shafer, Acting Recording Secretary, City of Santa Ana, 20 Civic Center Plaza – M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647-5899.     +iVtoric 5eVoXrceV CoPPiVVion 28 119202   Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Kelly Arcadio (714) 647-5881. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. Publish: OC Reporter Date: January 6, 2023 SITE     Historic Resources Commission 29 1/19/2023   RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council 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 Matthew L. Hale, A Single Man, and Robert D. Hale, A Single Man, as Joint Tenants, (hereinafter collectively referred to as “Owner”), owner of real property located at 947 West Buffalo Avenue, 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 947 West Buffalo Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property”. C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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 30 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 March 22, 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 31 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 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 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 32 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 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 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 947 West Buffalo Avenue, Assessor Parcel Number, 001-181-21, 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     Historic Resources Commission 33 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 5 - 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: Clerk of the Council Owners: Matthew L. and Robert D. Hale 947 West Buffalo Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 34 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 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. {Signature page follows}     Historic Resources Commission 35 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 7 - ATTEST:CITY OF SANTA ANA ________________________ _________________________ KRISTINE RIDGE Clerk of the Council City Manager OWNERS Date: ___________________ By:__________________ MATTHEW L. HALE Date: ___________________ By:__________________ ROBERT D. HALE APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Chief Assistant City Attorney Executive Director Planning and Building Agency     Historic Resources Commission 36 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 8 - EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE WEST 58 FEET OF LOT 4 AND THE EAST 2 FEET OF LOT 3 OF TRACT NO. 3012 AS PER MAP RECORDED IN BOOK 90, PAGE 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 001-181-21     Historic Resources Commission 37 1/19/2023   EXECUTIVE SUMMARY Grover Collins House 947 West Buffalo Avenue Santa Ana, CA 92706 NAME Grover Collins House REF. NO. ADDRESS 947 West Buffalo Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted Prehistoric Historic Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post-World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930’s designs of Southern California architect Cliff May, who sought to reinvent the West’s vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist’s concern for informality, expressed in materials and plan, and indoor-outdoor integration. While the style includes several variants, a basic set of character-defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board-and-batten siding, high brick foundations, art stone, and wood shake roofs. Indoor-outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond-patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as highly intact example of a Ranch style tract house in Santa Ana. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). EXPLANATION OF CODES:  California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3:It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.  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. 5S3:Appears to be individually eligible for local listing or designation through survey evaluation.     Historic Resources Commission 38 1/19/2023   State of California  The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________ Other Listings_____________________________________________________________________ Review Code________Reviewer________________________Date_______________ Page _1_ of _4_ Resource name(s) or number (assigned by recorder) Grover Collins House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Anaheim Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 947 West Buffalo Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-181-21 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, the Grover Collins House is a one-story, single-family Ranch Style residence with detached garage (Figure 1). Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with broad, overhanging eaves and exposed rafters (Figure 2). The exterior of the house is clad primarily in a combination of stucco, brick, and distinctive board and batten siding (Figure 3). The primary (south) façade contains five architectural bays, with two window bays on either side of the central main entrance bay, which is located within the front porch (Figure 4). The four window bays along the primary façade contain steel-frame, multi-lite casement windows. The westernmost window is a corner window that projects on brackets outward from the façade and wraps around the building’s southwest corner (Figure 5). Two identical windows are situated east of the main entrance, with a smaller window to the west of the main entrance (Figure 6). Wooden shutters with scalloped detailing outfit the three windows along the primary façade. The front porch is characterized by a low brick wall that wraps around the west half of the primary façade, and single wood post that supports the partial width front porch. The entry features an X-paneled and partially glazed front door beneath a wood lap-clad porch ceiling. Brick siding extends east of the entry porch, below the identical steel-frame windows. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes)HP2. Single-Family Residence *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date) (Figure 1) Primary (South) elevation, view northeast, December 2022 *P6. Date Constructed/Age and Sources: historic 1957/ City of Santa Ana Building Permits *P7. Owner and Address: Matthew L. and Robert D. Hale 947 West Buffalo Avenue Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 19, 2023 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter “none”) None *Attachments: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record  Other (list) DPR 523A (1/95)*Required information P5a. Photo     Historic Resources Commission 39 1/19/2023   State of California  The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code_5S3_________________________ *Resource Name or #: Grover Collins House B1. Historic Name: Grover Collins House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): May 27, 1957. Permit to construct a 6 room residence and garage. $17,000. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Roy Russell *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Grover Collins House is architecturally significant as a highly intact example of a Ranch style tract house in Santa Ana, owned and constructed by prolific Santa Ana developer Roy Russell. According to City building records, it was built in 1957 for approximately $17,000. According to City directories, by 1960, the house was sold to Grover G Collins, who lived on the property until circa 1975 (when records discontinued listing the homeowner). City directory records indicate that Donald McNealy owned the home in 2000, and in 2008 it was owned by Dexter Whitfield. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel Inc. *Date of Evaluation: January 19, 2023 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Grover Collins House 947 West Buffalo Avenue N     Historic Resources Commission 40 1/19/2023   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 4_Resource Name: Grover Collins House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023 Continuation  Update DPR 523L *P3a. Description (continued): Steel-frame, multi-lite casements and single or double-hung wood windows appear on both east and west side facades. Fenestration along the rear façade includes two large wood-frame multi-lite fixed windows flanked by single or double-hung wood windows, and an aluminum-frame sliding glass door window that is situated within a rear covered patio. An interior brick chimney rises above the roofline near the building’s west façade. A detached garage is located at the northwest corner of the parcel (Figure 7). The property is landscaped with a lawn, low vegetation, a brick-clad pathway located in the middle of the front yard that leads to the entrance, and a long driveway that leads towards the rear, detached garage. *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Since the second half of the twentieth century, the neighborhood in which the Grover Collins House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style. The Grover Collins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a highly intact example of a speculatively built Ranch Style house by prolific developer Roy Russell from the mid-1950s. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Ranch style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Grover Collins House include, but may not be limited to: horizontal massing; low-pitched complex hipped roof clad in wood shingles; broad, overhanging eaves with exposed rafter tails; combination of exterior materials including stucco, brick, wood lap, and distinctive board and batten siding; front porch entry characterized by a low brick wall and single wood post; X-paneled and partially glazed front door; multi-lite windows with original wood shutters that have scalloped wood detailing; distinctive steel-frame, multi-lite casement window at the southwest corner with architectural brackets below; steel-frame, multi-lite casement windows and wood windows consisting of the single-hung veriety and multi-lite fixed windows. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. 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 Newspapers.com (Santa Ana Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1950-1990.     Historic Resources Commission 41 1/19/2023   State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 4_ of 4_Resource Name: Grover Collins House *Recorded by Andrea Dumovich Heywood *Date January 19, 2023 Continuation  Update DPR 523L Additional Figures: Figure 2. Exposed rafter detail, facing northwest. Figure 3. Distinctive board and batten siding, facing northwest. Figure 4. View of detached garage, facing north. Figure 5. Corner window that projects outward from the façade and wraps around the building’s southwest corner, facing northeast. Figure 6. Two identical, steel-frame, multi-lite casement windows, facing north. Figure 7. View of detached garage, facing north.     Historic Resources Commission 42 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 43 1/19/2023   MILLS ACT AGREEMENT 947 West Buffalo Avenue Santa Ana, CA 92706 - 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 44 1/19/2023