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HomeMy WebLinkAboutItem 17 - Approval of Historic Property Preservation Agreements Planning and Building Agency https://www.santa-ana.org/pb Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 6, 2021 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 HRC Andy and Alice Hoang 2020-10 2119 N. Freeman Street 8:0:1 (Frazier Absent) Amy Raphael 2021-05 415 W. Nineteenth Street 8:0:1 (Frazier Absent) Peter and Evan Jackson 2021-08 2339 N. Heliotrope Drive 8:0:1 (Frazier Absent) Harris and Nancy Feldman 2021-07 2344 N. Riverside Drive 7:0:2 (Frazier Absent and McLoughlin Abstain) DISCUSSION On May 13, 2021, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the above referenced 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. 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). Approval of Historic Property Preservation Agreements July 6, 2021 Page 2 1 8 1 8 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. 2020-07 (2119 N. Freeman Street) ER No. 2021-09 (415 W. Nineteenth Street) ER No. 2021-27 (2339 N. Heliotrope Drive) ER No. 2020-26 (2344 N. Riverside Drive) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $3,075.68 annually noted below, for a period of not less than ten years. HPPA No.Address Estimate Exhibit No. 2020-10 2119 N. Freeman Street $801.42 1-2 2021-05 415 W. Nineteenth Street $717.46 3-4 2021-08 2339 N. Heliotrope Drive $757.89 5-6 2021-07 2344 N. Riverside Drive $798.91 7-8 Total for All Properties:$3,075.68 EXHIBIT(S) 1. Mills Act Agreement – 2119 N. Freeman Street 2. HRC Staff Report – 2119 N. Freeman Street 3. Mills Act Agreement – 415 W. Nineteenth Street 4. HRC Staff Report – 415 W. Nineteenth Street 5. Mills Act Agreement – 2339 N. Heliotrope Drive 6. HRC Staff Report– 2339 N. Heliotrope Drive 7. Mills Act Agreement – 2344 N. Riverside Drive 8. HRC Staff Report – 2344 N. Riverside Drive Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 1 - 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 Andy Khanh Hoang and Alice Quyen Hoang, husband and wife as community property with right of survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 2119 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 2119 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 1 MILLS ACT AGREEMENT 2119 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 July 7, 2021, 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, MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 3 - organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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 MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 4 - Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official 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 2119 North Freeman Street, Assessor Parcel Number, 001-185-10, 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 MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 5 - pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Andy and Alice Hoang 2119 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 2119 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 2119 North Freeman Street Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ ANDY K. HOANG Date: ______________________ By:_________________________ ALICE Q. HOANG APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 2119 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 15 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 COUNTY. Assessor’s Parcel Number: 001-185-10 EXECUTIVE SUMMARY Eisen-Hofheins House 2119 North Freeman Street Santa Ana, CA 92706 NAME Eisen-Hofheins House REF. NO. ADDRESS 2119 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Contributive 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 Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, “dovecote” variant of the ranch style. The recommended categorization is “Contributive” because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style 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. 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) Eisen-Hofheins House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: TCA 1725 Date: March 3, 2015 *c. Address 2119 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-185-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, this is a one-story, single-family residence on a modestly sized parcel, sited with a typical setback and constructed in a picturesque, “dovecote” variant of the Ranch House style. A detached garage is located a few feet behind (east of) the south end of the rear (east) elevation of the residence. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a long roof ridge running parallel to the front façade. It features a moderately pitched, side-gabled roof design with a pair of front gables, one behind the other, at the south end of the façade. The roof design exhibits wide-open eaves with exposed rafters along the front (west) and side (south) elevations, and portions of the rear (east) elevation. Gable ends are finished with extended and subtly shaped vergeboards, and the front gable face is ornamented by a decorative dovecote. The exterior of the house is clad in a combination of smooth stucco, horizontal wood board lapped siding, and board-and-batten siding. Located off-center and sheltered under the main roof, the entry porch is characterized by board-and-batten siding and a single half-glazed, front door with a cross bottom panel. North of the entry, the living room is illuminated by a large picture window, wood-framed with a large central pane flanked by two hung windows with a criss-cross muntin design. South of the entry, a large horizontal bump-out, clad in horizontal wood board lapped siding and shaded by a shed roof, contains two pairs of wood, double-hung windows, also with a crisscross pattern. Along the north, south, and east elevations, the building incorporates a series of wood windows, including six-over-six, two-over-two, and horizontal pane sashes. The property is landscaped with a lawn, low vegetation and single concrete walkway leading towards the front entry, and a simple low brick planter stretches along the front facade of the house. *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 elevation, view east April 2021 *P6. Date Constructed/Age and Sources: historic 1957/ City of Santa Ana Building Permits *P7. Owner and Address: Andy and Alice Hoang 2119 North Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *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 #: Eisen-Hofheins House B1. Historic Name: Eisen-Hofheins 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): September 11, 1957. Constructed. $13,000. May 9, 1963. 420-square-foot addition to residence for J. Hofheins by Martin Steigner. $3,780. September 4, 2002. Add wooden patio cover. $3,055. March 29, 2004. Install pre-fab fireplace in family room. $1,500. August 11, 2006. Freestanding patio with trellis cover in the front of residence. $4,150. November 17, 2010. Install solar panels. $13,000. August 30, 2016. Installation of roof mounted solar PV system. $17,000. February 11, 2021. Tear off existing roof and install new comp shingle roofing. $9,339. February 11, 2021. Remove free-standing patio with trellis cover from front of residence. $1,000. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Jack A. Eisen *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 Eisen-Hofheins House is architecturally significant as an intact and characteristic example of the Ranch House style. This house was originally constructed in 1957, by Jack A. Eisen. Jack Eisen resided on the property for a couple of years before selling it to John Hopkins in 1961, who in turned sold the property to Arch T. Balcom in 1962, according to City directories. In 1963, the property was sold to Mr. and Mrs. J. Hofheins who expanded the original property by an additional 420 square feet. No occupancy information is provided in City directories between 1966-1979. However, City directories shows that the property was owned by the Peterson family. (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 Heumann/Chattel Inc. *Date of Evaluation: May 13, 2021 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Eisen-Hofheins House 2119 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: Eisen-Hofheins House *Recorded by Pedro Gomez *Date May 13, 2021  Continuation  Update DPR 523L *B10. Significance (continued): Since the second half of the twentieth century, the neighborhood in which the Eisen-Hofheins 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 Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, “dovecote” variant of the Ranch style. The recommended categorization is “Contributive” because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style architecture (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Eisen-Hofheins House include, but may not be limited to: materials and finishes (stucco, horizontal wood board lapped siding, and board-and-batten siding); moderately pitched, front- and side-gabled roof design; wide open eaves with exposed rafters; decorative pointed eave extensions and dovecote; and fenestration (diamond- and multi-pane hung, paired, and picture windows where extant); and architectural detailing. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. 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 2119 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 2119 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 May 13, 2021 Topic: HRCA No. 2020-08, HRC 2020-07, HPPA No. 2020-10 – The Eisen-Hofheins House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2020- 08 and Historic Register Categorization No. 2020-07 (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 Andy and Alice Hoang, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Andy and Alice Hoang are requesting approval to designate an existing residence located at 2119 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 consists of a 2,109-square-foot Ranch House residence and detached garage on an 8,900-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, Historic Resources Commission 8 5/13/2021 Exhibit 2 HRCA No. 2020-08, HRC 2020-07, HPPA No. 2020-10 – The Eisen-Hofheins House May 13, 2021 Page 2 1 7 0 3 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 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 property is 64 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Eisen-Hofheins House, is located within the West Floral Park neighborhood and has distinctive architectural features of the “dovecote” variant of the Ranch House style. The residence was built in 1957 by Jack A. Eisen. The West Floral Park neighborhood was largely developed after 1947; prior to that, the area was primarily agricultural. Other than Flower Street, which was improved with houses during the 1920s and 1930s, the neighborhood contained only a handful of residences on Baker and Bristol Streets. 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 Eisen-Hofheins House is a one-story, single-family residence on a modestly sized parcel, sited with a typical setback and constructed in a picturesque, “dovecote” variant of the Ranch House style. A detached garage is located a few feet behind the south end of the rear elevation of the residence. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a long roof ridge running parallel to the front façade. It features a moderately pitched, side-gabled roof design with a pair of front gables, one behind the other, at the south end of the façade. The roof design exhibits wide-open eaves with exposed rafters along the front and side elevations, and portions of the rear elevation. Gable ends are finished with extended and subtly shaped vergeboards, and the front gable face is ornamented by a decorative dovecote. The exterior of the house is clad in a combination of smooth stucco, horizontal wood board lapped siding, and board-and-batten siding. Located off-center and sheltered under the main roof, the entry porch is characterized by board-and-batten siding and a single half- glazed, front door with a cross bottom panel. North of the entry, the living room is illuminated by a large picture window, wood-framed with a large central pane flanked by two hung windows with a criss-cross muntin design. South of the entry, a large horizontal bump-out, clad in horizontal wood board lapped siding and shaded by a shed roof, contains two pairs of wood, double-hung windows, also with a crisscross pattern. Along the north, south, and east elevations, the building incorporates a series of wood windows, including six-over-six, two-over-two, and horizontal pane sashes. Character- Historic Resources Commission 9 5/13/2021 HRCA No. 2020-08, HRC 2020-07, HPPA No. 2020-10 – The Eisen-Hofheins House May 13, 2021 Page 3 1 7 0 3 defining features of the Eisen-Hofheins House include, but may not be limited to: materials and finishes (stucco, horizontal wood board lapped siding, and board-and- batten siding); moderately pitched, front- and side-gabled roof design; wide open eaves with exposed rafters; decorative pointed eave extensions and dovecote; and fenestration (diamond- and multi-pane hung, paired, and picture windows where extant); and architectural detailing. The Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, “dovecote” variant of the Ranch style. The recommended categorization is “Contributive” because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 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. 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 Historic Resources Commission 10 5/13/2021 HRCA No. 2020-08, HRC 2020-07, HPPA No. 2020-10 – The Eisen-Hofheins House May 13, 2021 Page 4 1 7 0 3 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. 2020-07 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 $801.42 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: Pedro Gomez, AICP, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 11 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 1 of 4 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2020-08 TO PLACE THE PROPERTY LOCATED AT 2119 NORTH FREEMAN STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2020-07 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 May 13, 2021, 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. 2020-08) and categorization (Historic Resources Commission Categorization No. 2020- 07) of the Eisen-Hofheins located at 2119 North Freeman Street, Santa Ana. B. The Eisen-Hofheins has distinctive architectural features of the “dovecote” variant of the Ranch House style and was built in 1957. C. The Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, “dovecote” variant of the ranch style. The recommended categorization is “Contributive” because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style architecture. Character-defining features of the Eisen-Hofheins House include, but may not be limited to: materials and finishes (stucco, horizontal wood board lapped siding, and board-and-batten siding); moderately pitched side-gabled roof design; wide open eaves with exposed rafters; decorative pointed eave extensions and dovecote; and fenestration (diamond- and multi-pane hung, paired, and picture windows where extant); and architectural detailing. D. The legal owners of the property are Andy and Alice Hoang. 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. Historic Resources Commission 12 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 2 of 4 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-2020-71 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. 2020-08 to place the Eisen-Hofheins located at 2119 North Freeman Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2020-07 placing the Eisen-Hofheins located at 2119 North Freeman Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file 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 13th day of May, 2021. __________________________ Alberta Christy Chairperson Historic Resources Commission 13 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Sr. Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 13, 2021. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana Historic Resources Commission 14 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 001-185-10 2119 North Freeman Street LOT 15 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 COUNTY. Andy and Alice Hoang Historic Resources Commission 15 5/13/2021 MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 1 - 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 Andy Khanh Hoang and Alice Quyen Hoang, husband and wife as community property with right of survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 2119 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 2119 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 16 5/13/2021 MILLS ACT AGREEMENT 2119 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 July 7, 2021, 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, Historic Resources Commission 17 5/13/2021 MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 3 - organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State 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 Historic Resources Commission 18 5/13/2021 MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 4 - Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official 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 2119 North Freeman Street, Assessor Parcel Number, 001-185-10, 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 Historic Resources Commission 19 5/13/2021 MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 5 - pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Andy and Alice Hoang 2119 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 20 5/13/2021 MILLS ACT AGREEMENT 2119 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 21 5/13/2021 MILLS ACT AGREEMENT 2119 North Freeman Street Santa Ana, CA 92706 - 7 - ATTEST:CITY OF SANTA ANA _________________________________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________By:_________________________ ANDY K. HOANG Date: ______________________By:_________________________ ALICE Q. HOANG APPROVED AS TO FORM:RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: __________________________________________ JOHN M. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency Historic Resources Commission 22 5/13/2021 MILLS ACT AGREEMENT 2119 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 15 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 COUNTY. Assessor’s Parcel Number: 001-185-10 Historic Resources Commission 23 5/13/2021 EXECUTIVE SUMMARY Eisen-Hofheins House 2119 North Freeman Street Santa Ana, CA 92706 NAME Eisen-Hofheins House REF. NO. ADDRESS 2119 North Freeman Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Contributive 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 Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, “dovecote” variant of the ranch style. The recommended categorization is “Contributive” because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style 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 24 5/13/2021 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) Eisen-Hofheins House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: TCA 1725 Date: March 3, 2015 *c. Address 2119 North Freeman Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-185-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in West Floral Park, this is a one-story, single-family residence on a modestly sized parcel, sited with a typical setback and constructed in a picturesque, “dovecote” variant of the Ranch House style. A detached garage is located a few feet behind (east of) the south end of the rear (east) elevation of the residence. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a long roof ridge running parallel to the front façade. It features a moderately pitched, side-gabled roof design with a pair of front gables, one behind the other, at the south end of the façade. The roof design exhibits wide-open eaves with exposed rafters along the front (west) and side (south) elevations, and portions of the rear (east) elevation. Gable ends are finished with extended and subtly shaped vergeboards, and the front gable face is ornamented by a decorative dovecote. The exterior of the house is clad in a combination of smooth stucco, horizontal wood board lapped siding, and board-and-batten siding. Located off-center and sheltered under the main roof, the entry porch is characterized by board-and-batten siding and a single half-glazed, front door with a cross bottom panel. North of the entry, the living room is illuminated by a large picture window, wood-framed with a large central pane flanked by two hung windows with a criss-cross muntin design. South of the entry, a large horizontal bump-out, clad in horizontal wood board lapped siding and shaded by a shed roof, contains two pairs of wood, double-hung windows, also with a crisscross pattern. Along the north, south, and east elevations, the building incorporates a series of wood windows, including six-over-six, two-over-two, and horizontal pane sashes. The property is landscaped with a lawn, low vegetation and single concrete walkway leading towards the front entry, and a simple low brick planter stretches along the front facade of the house. *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 elevation, view east April 2021 *P6. Date Constructed/Age and Sources: historic 1957/ City of Santa Ana Building Permits *P7. Owner and Address: Andy and Alice Hoang 2119 North Freeman Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *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 25 5/13/2021 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 #: Eisen-Hofheins House B1. Historic Name: Eisen-Hofheins 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): September 11, 1957. Constructed. $13,000. May 9, 1963. 420-square-foot addition to residence for J. Hofheins by Martin Steigner. $3,780. September 4, 2002. Add wooden patio cover. $3,055. March 29, 2004. Install pre-fab fireplace in family room. $1,500. August 11, 2006. Freestanding patio with trellis cover in the front of residence. $4,150. November 17, 2010. Install solar panels. $13,000. August 30, 2016. Installation of roof mounted solar PV system. $17,000. February 11, 2021. Tear off existing roof and install new comp shingle roofing. $9,339. February 11, 2021. Remove free-standing patio with trellis cover from front of residence. $1,000. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect:Unknown b. Builder: Jack A. Eisen *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 Eisen-Hofheins House is architecturally significant as an intact and characteristic example of the Ranch House style. This house was originally constructed in 1957, by Jack A. Eisen. Jack Eisen resided on the property for a couple of years before selling it to John Hopkins in 1961, who in turned sold the property to Arch T. Balcom in 1962, according to City directories. In 1963, the property was sold to Mr. and Mrs. J. Hofheins who expanded the original property by an additional 420 square feet. No occupancy information is provided in City directories between 1966-1979. However, City directories shows that the property was owned by the Peterson family. (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 Heumann/Chattel Inc. *Date of Evaluation: May 13, 2021 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.) Eisen-Hofheins House 2119 North Freeman Street Historic Resources Commission 26 5/13/2021 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_Resource Name: Eisen-Hofheins House *Recorded by Pedro Gomez *Date May 13, 2021  Continuation  Update DPR 523L *B10. Significance (continued): Since the second half of the twentieth century, the neighborhood in which the Eisen-Hofheins 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 Eisen-Hofheins House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of the Ranch House style, in particular the picturesque, “dovecote” variant of the Ranch style. The recommended categorization is “Contributive” because it contributes to the overall character and history of West Floral Park and is a good example of Ranch style architecture (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Eisen-Hofheins House include, but may not be limited to: materials and finishes (stucco, horizontal wood board lapped siding, and board-and-batten siding); moderately pitched, front- and side-gabled roof design; wide open eaves with exposed rafters; decorative pointed eave extensions and dovecote; and fenestration (diamond- and multi-pane hung, paired, and picture windows where extant); and architectural detailing. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. 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 27 5/13/2021 MILLS ACT AGREEMENT 2119 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 28 5/13/2021 MILLS ACT AGREEMENT 2119 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 29 5/13/2021 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 HRC 2020-07/ HRCA 2020-08/ HPPA 2020-10 2119 NORTH FREEMAN STREET EISEN-HOFHEINS HOUSE SITE Historic Resources Commission 30 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth Street Santa Ana, CA 92706 - 1 - 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 Amy Raphael, a single woman, (hereinafter collectively referred to as “Owner”), owner of real property located at 415 West Nineteenth 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 415 West Nineteenth 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 3 MILLS ACT AGREEMENT 415 West Nineteenth 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 July 7, 2021, 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 415 West Nineteenth 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 415 West Nineteenth 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 415 West Nineteenth Street, Assessor Parcel Number, 002-101-18, 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 415 West Nineteenth 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: Amy Raphael 415 West Nineteenth 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 415 West Nineteenth 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 415 West Nineteenth Street Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ AMY RAPHAEL APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 415 West Nineteenth 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 10 IN BLOCK A OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 002-101-18 EXECUTIVE SUMMARY W.M. Cory House 415 W. Nineteenth Street Santa Ana, CA 92706 NAME W.M. Cory House REF. NO. ADDRESS 415 W. Nineteenth Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1929 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: 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 W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style 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) W.M. Cory House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015 *c. Address 415 West Nineteenth Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-101-18 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the north side of West Nineteenth Street, the W.M. Cory House is a one-story single-family residential building constructed in the Tudor Revival bungalow style. Asymmetrical in design, the house exhibits a complex hipped and gabled roof of moderately steep pitch, clad in composition shingle roofing. The massing, roof configuration, and fenestration define a three-bay façade (primary or south elevation), with a recessed front porch and entrance stoop flanked by a front-gabled projecting wing on the west and a much smaller, hipped and gabled, more shallowly projecting wing on the east. The prominent front gable on the west features faux half-timbering in an overhanging gable end. Two wing walls on extend from either side (east and west) of this bay, with the west wing wall containing a diamond-shaped window and the east wing wall extending towards a low porch wall. The exterior of the building is clad in sandy-textured stucco. The entryway is characterized by an original wood front door with an arched peephole, accessed via the re-paved entrance stoop and front porch walkway. Fenestration consists of multi-paned casement windows used on the primary elevation, while double-hung windows are used along the north, east, and west elevation. An attached chimney rises above the north elevation. Other features of note include a picturesque roof vent that suggests a chimney and an iron and glass sconce attached to the wall next to the entry. The property is simply landscaped with a mature tree, a lawn, low vegetation and simple walkway at the front setback. The driveway is located along the east elevation and leads to the detached, one-story, two-car garage, also clad in sandy-textured stucco with decorative half-timbering. A rear addition is not visible from the public right-of-way. Other than the noted changes, the house appears intact and is in good condition. *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) Primary Elevation, view East *P6. Date Constructed/Age and Sources: historic 1929/ City of Santa Ana Building Permits *P7. Owner and Address: Amy Raphael 415 West Nineteenth Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *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 #: W.M. Cory House B1. Historic Name: W.M. Cory House B2. Common Name: Same 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): December 12, 1929. Constructed. $5,000. November 9, 1964. Addition to residence and convert existing bedroom. $6,000. July 3, 1978. Pool and spa for M.M. Knowls by Golden West Pools. $6,000. September 26, 1978. Free standing patio cover for Knowls by Golden State. $1,200. January 15, 2008. Tear off existing comp shingle and apply new comp shingle. $5,520. January 13, 2016. Legalize screened enclosure of existing permitted detached patio cover and open patio with lattice cover attached to same enclosure. $1,000. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Honer Bros. *B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1929 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 W.M. Cory House is architecturally significant as a characteristic example of the Tudor Revival style. This house was originally constructed in 1929, and was valued at approximately $5,000 according to the original building permit. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. The first recorded owners and occupants were William McKinley (W.M.) Cory (1897-1968) and Doris R. Cory (1899- 1979). W.M. Cory was an Assistant County Farm Advisor. Since then, the W.M. Cory House has been occupied by various owners until the current homeowner purchased the home in 2020. (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 Heumann/Chattel Inc. *Date of Evaluation: May 13, 2021 DPR 523B (1/95) *Required informati Sketch Map (This space reserved for official comments.) W.M. Cory House 415 West Nineteenth Street State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: W.M. Cory House *Recorded by Pedro Gomez *Date May 13, 2021  Continuation  Update DPR 523L *B10. Significance (continued): The W.M. Cory 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 (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30- 2.2). Character-defining features of the Tudor Revival style exhibited by the house include a complex hipped and gabled roof of moderately steep pitch; decorative half-timbering in the overhanging gable ends; multi-paned casement windows used on the primary elevation; and sandy-textured stucco exterior walls. Other features of note include a picturesque roof vent that suggests a chimney, original wood front door with an arched peephole, and iron and glass sconce attached to the wall next to the entry. *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. MILLS ACT AGREEMENT 415 West Nineteenth 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 415 West Nineteenth 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 May 13, 2021 Topic: HRCA No. 2021-05, HRC 2021-05, HPPA No. 2021-05 – The W.M. Cory House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 05 and Historic Register Categorization No. 2021-05 (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 Amy Raphael, subject to non- substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Amy Raphael is requesting approval to designate an existing residence located at 415 West Nineteenth 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 north side of West Nineteenth Street in the Floral Park neighborhood. The site consists of a 1,780-square-foot, Tudor Revival residence and detached garage on a 7,600-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 31 5/13/2021 Exhibit 4 HRCA No. 2021-05, HRC 2021-05, HPPA No. 2021-05 – The W.M. Cory House May 13, 2021 Page 2 1 7 0 6 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 property is 92 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the W.M. Cory House, is located within the Floral Park neighborhood and has distinctive architectural features of the Tudor Revival architectural style. The residence was built in 1929 by Floral Park builders and developers, the Honer Bros. A majority of Floral Park was developed one of the brothers, Allison Honer, who was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell, continued developing the groves of Floral Park. In the early post-World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. The W.M. Cory House is a one-story single-family residential building constructed in the Tudor Revival bungalow style. Asymmetrical in design, the house exhibits a complex hipped and gabled roof of moderately steep pitch, clad in composition shingle roofing. The massing, roof configuration, and fenestration define a three-bay façade, with a recessed front porch and entrance stoop flanked by a front-gabled projecting wing on the west and a much smaller, hipped and gabled, more shallowly projecting wing on the east. The prominent front gable on the west features faux half-timbering in an overhanging gable end. Two wing walls on extend from either side of this bay, with the west wing wall containing a diamond-shaped window and the east wing wall extending towards a low porch wall. The exterior of the building is clad in sandy-textured stucco. The entryway is characterized by an original wood front door with an arched peephole, accessed via the re-paved entrance stoop and front porch walkway. Fenestration consists of multi-paned casement windows used on the primary elevation, while double- hung windows are used along the north, east, and west elevation. Character-defining features of the Tudor Revival style exhibited by the house include a complex hipped and gabled roof of moderately steep pitch; decorative half-timbering in the overhanging gable ends; multi-paned casement windows used on the primary elevation; and sandy- textured stucco exterior walls. Other features of note include a picturesque roof vent that suggests a chimney, original wood front door with an arched peephole, and iron and glass sconce attached to the wall next to the entry. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the Historic Resources Commission 32 5/13/2021 HRCA No. 2021-05, HRC 2021-05, HPPA No. 2021-05 – The W.M. Cory House May 13, 2021 Page 3 1 7 0 6 house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana. 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. 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 Historic Resources Commission 33 5/13/2021 HRCA No. 2021-05, HRC 2021-05, HPPA No. 2021-05 – The W.M. Cory House May 13, 2021 Page 4 1 7 0 6 are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2021-09 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 $717.46 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: Pedro Gomez, AICP, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 34 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 1 of 4 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2021-05 TO PLACE THE PROPERTY LOCATED AT 415 WEST NINETEENTH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2021-05 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 May 13, 2021, 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. 2021-05) and categorization (Historic Resources Commission Categorization No. 2021- 05) of the W.M. Cory House located at 415 West Nineteenth Street, Santa Ana. B. The W.M. Cory House has distinctive architectural features of the Tudor Revival style and was built in 1929. C. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30-2.2). Character- defining features of the Tudor Revival style exhibited by the house include a complex hipped and gabled roof of moderately steep pitch; decorative half-timbering in the overhanging gable ends; multi-paned casement windows used on the primary elevation; and sandy-textured stucco exterior walls. Other features of note include a picturesque roof vent that suggests a chimney, original wood front door with an arched peephole, and iron and glass sconce attached to the wall next to the entry. D. The legal owner of the property is Amy Raphael. Historic Resources Commission 35 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 2 of 4 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-2021-09 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. 2021-05 to place the W.M. Cory House located at 415 West Nineteenth Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2021-05 placing the W.M. Cory House located at 415 West Nineteenth Street, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file 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 13th day of May, 2021. __________________________ Alberta Christy Chairperson Historic Resources Commission 36 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Sr. Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 13, 2021. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana Historic Resources Commission 37 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-101-18 415 West Nineteenth Street LOT 10 IN BLOCK A OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Amy Raphael Historic Resources Commission 38 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth Street Santa Ana, CA 92706 - 1 - 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 Amy Raphael, a single woman, (hereinafter collectively referred to as “Owner”), owner of real property located at 415 West Nineteenth 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 415 West Nineteenth 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 39 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth 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 July 7, 2021, 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 40 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth 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 41 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth 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 415 West Nineteenth Street, Assessor Parcel Number, 002-101-18, 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 42 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth 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: Amy Raphael 415 West Nineteenth 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 43 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth 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 44 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth Street Santa Ana, CA 92706 - 7 - ATTEST:CITY OF SANTA ANA ________________________ _________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ AMY RAPHAEL APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency Historic Resources Commission 45 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth 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 10 IN BLOCK A OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 002-101-18 Historic Resources Commission 46 5/13/2021 1 4 6 8 9 EXECUTIVE SUMMARY W.M. Cory House 415 W. Nineteenth Street Santa Ana, CA 92706 NAME W.M. Cory House REF. NO. ADDRESS 415 W. Nineteenth Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1929 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: 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 W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style 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 47 5/13/2021 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) W.M. Cory House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015 *c. Address 415 West Nineteenth Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-101-18 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park on the north side of West Nineteenth Street, the W.M. Cory House is a one-story single-family residential building constructed in the Tudor Revival bungalow style. Asymmetrical in design, the house exhibits a complex hipped and gabled roof of moderately steep pitch, clad in composition shingle roofing. The massing, roof configuration, and fenestration define a three-bay façade (primary or south elevation), with a recessed front porch and entrance stoop flanked by a front-gabled projecting wing on the west and a much smaller, hipped and gabled, more shallowly projecting wing on the east. The prominent front gable on the west features faux half-timbering in an overhanging gable end. Two wing walls on extend from either side (east and west) of this bay, with the west wing wall containing a diamond-shaped window and the east wing wall extending towards a low porch wall. The exterior of the building is clad in sandy-textured stucco. The entryway is characterized by an original wood front door with an arched peephole, accessed via the re-paved entrance stoop and front porch walkway. Fenestration consists of multi-paned casement windows used on the primary elevation, while double-hung windows are used along the north, east, and west elevation. An attached chimney rises above the north elevation. Other features of note include a picturesque roof vent that suggests a chimney and an iron and glass sconce attached to the wall next to the entry. The property is simply landscaped with a mature tree, a lawn, low vegetation and simple walkway at the front setback. The driveway is located along the east elevation and leads to the detached, one-story, two-car garage, also clad in sandy-textured stucco with decorative half-timbering. A rear addition is not visible from the public right-of-way. Other than the noted changes, the house appears intact and is in good condition. *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) Primary Elevation, view East *P6. Date Constructed/Age and Sources: historic 1929/ City of Santa Ana Building Permits *P7. Owner and Address: Amy Raphael 415 West Nineteenth Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *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 48 5/13/2021 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 #: W.M. Cory House B1. Historic Name: W.M. Cory House B2. Common Name: Same 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): December 12, 1929. Constructed. $5,000. November 9, 1964. Addition to residence and convert existing bedroom. $6,000. July 3, 1978. Pool and spa for M.M. Knowls by Golden West Pools. $6,000. September 26, 1978. Free standing patio cover for Knowls by Golden State. $1,200. January 15, 2008. Tear off existing comp shingle and apply new comp shingle. $5,520. January 13, 2016. Legalize screened enclosure of existing permitted detached patio cover and open patio with lattice cover attached to same enclosure. $1,000. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect:Unknown b. Builder: Honer Bros. *B10. Significance: Theme Residential architecture Area Santa Ana Period of Significance: 1929 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 W.M. Cory House is architecturally significant as a characteristic example of the Tudor Revival style. This house was originally constructed in 1929, and was valued at approximately $5,000 according to the original building permit. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. The first recorded owners and occupants were William McKinley (W.M.) Cory (1897-1968) and Doris R. Cory (1899- 1979). W.M. Cory was an Assistant County Farm Advisor. Since then, the W.M. Cory House has been occupied by various owners until the current homeowner purchased the home in 2020. (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 Heumann/Chattel Inc. *Date of Evaluation: May 13, 2021 DPR 523B (1/95) *Required informati Sketch Map (This space reserved for official comments.) W.M. Cory House 415 West Nineteenth Street Historic Resources Commission 49 5/13/2021 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_Resource Name: W.M. Cory House *Recorded by Pedro Gomez *Date May 13, 2021  Continuation  Update DPR 523L *B10. Significance (continued): The W.M. Cory 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 (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The W.M. Cory House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a simple Tudor Revival bungalow in Santa Ana. Constructed by Floral Park builders and developers the Honer Bros., the house remained under its original ownership for nearly three decades. Additionally, the house has been categorized as “Contributive” because it “contributes to the overall character and history” of the Floral Park neighborhood and “is a good example of period architecture,” representing the Tudor Revival style in Santa Ana (Santa Ana Municipal Code, Section 30- 2.2). Character-defining features of the Tudor Revival style exhibited by the house include a complex hipped and gabled roof of moderately steep pitch; decorative half-timbering in the overhanging gable ends; multi-paned casement windows used on the primary elevation; and sandy-textured stucco exterior walls. Other features of note include a picturesque roof vent that suggests a chimney, original wood front door with an arched peephole, and iron and glass sconce attached to the wall next to the entry. *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. Historic Resources Commission 50 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth 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 51 5/13/2021 MILLS ACT AGREEMENT 415 West Nineteenth 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 52 5/13/2021 500’ RADIUS HRC 2021-05/ HRCA 2021-05/ HPPA 2021-05 415 WEST NINETEENTH STREET W.M. CORY HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y SITE Historic Resources Commission 53 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope Drive Santa Ana, CA 92706 - 1 - 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 Peter Jackson and Evan Jackson, Husband And Husband As Community Property with Right of Survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 2339 North Heliotrope Drivee, 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 2339 North Heliotrope Drivee, 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 5 MILLS ACT AGREEMENT 2339 North Heliotrope 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 July 7, 2021, 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 2339 North Heliotrope 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 2339 North Heliotrope 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 2339 North Heliotrope Drivee, Assessor Parcel Number, 002-071-08, 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 2339 North Heliotrope 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. Ci ty: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Peter and Evan Jackson 2339 North Heliotrope Drivee 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 2339 North Heliotrope 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 2339 North Heliotrope Drive Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ PETER JACKSON Date: ______________________ By:_________________________ EVAN JACKSON APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 2339 North Heliotrope 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: LOT 9 AND NORTH 10 FEET OF LOT 8 AND THE NORTH 10 FEET OF LOT 8 OF BLOCK B OF TRACT NO. 1035 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 33 PAGE(S) 46 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 002-071-08 EXECUTIVE SUMMARY Raddant House 2339 North Heliotrope Drive Santa Ana, CA 92706 NAME Raddant House REF. NO. ADDRESS 2339 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1941 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: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Beginning in the second half of the 1930s, and continuing in the two decades following World War II, the late Colonial Revival departed from the more literal historicism of the previous half-century and was often reduced to a few signature elements. These features include stylized door surrounds; pseudo-quoined corners; multi-paned casement or double-hung sash windows, often framed by decorative shutters; circular, oval, or octagonal accent windows; and eaves nearly flush with the exterior walls. A hipped roof subtype sometimes contained Regency references such as bow and bay windows. Another popular subtype was split-level, ranch, or Cape Cod in appearance and plan, and normally topped by gabled roofs. The materials used in the late Colonial Revival were similar to those of the earlier period—wood, brick, stone, and stucco—although stucco came to be used more frequently than before (McAlester 1984, 320-339). SUMMARY/CONCLUSION: The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the façade, presaged the post-war emergence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as “Contributive” because it contributes to the overall character and is representative example of late Colonial Revival 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. 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) Raddant House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: TCA 1725 Date: March 3, 2015 *c. Address 2339 North Heliotrope Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-071-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Raddant House is a two-story single-family residence constructed in the Late Colonial Revival variant of the Colonial Revival Style. Simplicity and the symmetrically composed façade identify the Colonial Revival inspiration for this single-family residence. It is capped by a moderately pitched, side-gabled roof with enclosed soffits, which has been somewhat compromised by a rear, two-story addition. However, the addition is barely discernable from the public right-of-way. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad with wide clapboards trimmed by grooved endboards and a frieze board. The focal point of the design is the central recessed entry with paneled reveals, paneled door, and half-height sidelights. An interior brick chimney rises above the roof ridgeline. Four symmetrical, six-over-six, double- hung sash windows framed by shutters line the front (west) elevation. Fenestration along the north, south, and east elevations consists of four-over-four, six-over-six, and eight-over-eight double-hung windows. A one-story, side-gabled, detached garage also clad in wide clapboards is located in the rear of the property. While the residence has been altered, the alterations do not detract from the integrity of the residence. The property is landscaped with low vegetation, neatly trimmed hedges, mature trees, and features a central concrete walkway leading to the front entry. *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 elevation, view east March 2021 *P6. Date Constructed/Age and Sources: historic 1941/ City of Santa Ana Building Permits *P7. Owner and Address: Peter and Evan Jackson 2339 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *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 #: Raddant House B1. Historic Name: Raddant House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): April 15, 1941. Constructed. $6,000. October 28, 1964. Patio roof for R.C. Raddant by Acme Construction Company. $375. May 14, 1981. 625-square-foot, second story addition for two bedrooms and bath for Angel by Blue Ribbon. $19,344. May 31, 1991. Install six foot high wood fence. $1,700. April 29, 2005. Reroof with tear off to remove wood shake roof and apply roofing tile. $9,840. July 30, 2020. Tear off existing roofing and install composition shingle roofing.$10,188. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect: Unknown b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1941 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 Raddant House is architecturally significant as a characteristic example of the late Colonial Revival style. It was built in 1941 by prominent developer and builder Allison Honer, the subdivider of Floral Park. The home was sold to the Raymond Conrad Raddant (1896-1973) and wife Ora Mina Raddant (1896-1977) in October 1941. Mr. Raddant was a banker working as a manager of the Bank of Italy in the City of Orange, and he would continue with that company until his retirement in in the 1950s after it became Bank of America. In February 1978, following the death of Mrs. Ora Mina Raddant, her executor Clifford L. Benson sold the property to Stephen and Eileen Angel for $98,000. Since then, the Raddant House has been occupied by various owners until the current homeowners purchased the home in 2020. (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 Heumann/Chattel Inc. *Date of Evaluation: May 13, 2021 DPR 523B (1/95) *Required information Sketch Map (This space reserved for official comments.) Raddant House 2339 North Heliotrope Drive State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: Raddant House *Recorded by Pedro Gomez *Date May 13, 2021  Continuation  Update DPR 523L *B10. Significance (continued): The Raddant 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 (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the façade, presaged the post-war emergence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as “Contributive” because it contributes to the overall character and is representative example of late Colonial Revival architecture (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the late Colonial Revival exhibited by this property include its symmetrically composed façade; sheathing of wide clapboards trimmed by grooved endboards and a frieze board; recessed entry with paneled reveals, paneled door, and half- height sidelights; and façade fenestration of eight-over-eight double-hung sash windows framed by shutters. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. 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. Year: 1930; Census Place: Santa Ana, Orange, California; Page: 6B; Enumeration District: 0080; FHL microfilm: 2339917 MILLS ACT AGREEMENT 2339 North Heliotrope 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 2339 North Heliotrope 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 # 4 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report May 13, 2021 Topic: HRCA No. 2021-08, HRC 2021-08, HPPA No. 2021-08 – The Raddant House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 08 and Historic Register Categorization No. 2021-08 (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 Peter and Evan Jackson, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Peter and Evan Jackson are requesting approval to designate an existing residence located at 2339 North Heliotrope Drive 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 Heliotrope Drive in the Floral Park neighborhood. The site consists of a 2,124-square-foot, the Colonial Revival Style residence and detached garage on a 10,600-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 77 5/13/2021 Exhibit 6 HRCA No. 2021-08, HRC 2021-08, HPPA No. 2021-08 – The Raddant House May 13, 2021 Page 2 1 7 1 0 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 property is 80 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Raddant House, is located within the Floral Park neighborhood and has distinctive architectural features of the Late Colonial Revival Variant of the Colonial Revival Style architectural style. The residence was built in 1941 by prominent developer and builder Allison Honer, the subdivider of Floral Park. Allison Honer was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell, continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. The Raddant House is a two-story single-family residence constructed in the Late Colonial Revival variant of the Colonial Revival Style. Simplicity and the symmetrically composed façade identify the Colonial Revival inspiration for this single-family residence. It is capped by a moderately pitched, side-gabled roof with enclosed soffits, which has been somewhat compromised by a rear, two-story addition. However, the addition is barely discernable from the public right-of-way. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad with wide clapboards trimmed by grooved endboards and a frieze board. The focal point of the design is the central recessed entry with paneled reveals, paneled door, and half-height sidelights. An interior brick chimney rises above the roof ridgeline. Four symmetrical, six-over-six, double-hung sash windows framed by shutters line the front (west) elevation. Fenestration along the north, south, and east elevations consists of four- over-four, six-over-six, and eight-over-eight double-hung windows. A one-story, side- gabled, detached garage also clad in wide clapboards is located in the rear of the property. While the residence has been altered, the alterations do not detract from the integrity of the residence. Character-defining features of the late Colonial Revival exhibited by this property include its symmetrically composed façade; sheathing of wide clapboards trimmed by grooved endboards and a frieze board; recessed entry with paneled reveals, paneled door, and half-height sidelights; and façade fenestration of eight-over-eight double-hung sash windows framed by shutters. Historic Resources Commission 78 5/13/2021 HRCA No. 2021-08, HRC 2021-08, HPPA No. 2021-08 – The Raddant House May 13, 2021 Page 3 1 7 1 0 The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the façade, presaged the post-war emergence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as “Contributive” because it contributes to the overall character and is representative example of late Colonial Revival architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 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. 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 Historic Resources Commission 79 5/13/2021 HRCA No. 2021-08, HRC 2021-08, HPPA No. 2021-08 – The Raddant House May 13, 2021 Page 4 1 7 1 0 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. 2021-27 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 $757.89 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: Pedro Gomez, AICP, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 80 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 1 of 4 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2021-08 TO PLACE THE PROPERTY LOCATED AT 2339 NORTH HELIOTROPE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2021-08 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 May 13, 2021, 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. 2021-08) and categorization (Historic Resources Commission Categorization No. 2021- 08) of the Raddant House located at 2339 North Heliotrope Drive, Santa Ana. B. The Raddant House has distinctive architectural features of the Colonial Revival style and was built in 1941. C. The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the façade, presaged the post-war emergence of the Ranch Style. Additionally, the house has been categorized as “Contributive” because it contributes to the overall character and is representative example of late Colonial Revival architecture. Character-defining features of the late Colonial Revival exhibited by this property include its symmetrically composed façade; sheathing of wide clapboards trimmed by grooved endboards and a frieze board; recessed entry with paneled reveals, paneled door, and half-height sidelights; and façade fenestration of eight- over-eight double-hung sash windows framed by shutters. D. The legal owners of the property are Peter and Evan Jackson. 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. Historic Resources Commission 81 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 2 of 4 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-2021-27 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. 2021-08 to place the Raddant House located at 2339 North Heliotrope Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2021-08 placing the Raddant House located at 2339 North Heliotrope Drive, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file 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 13th day of May, 2021. __________________________ Alberta Christy Chairperson Historic Resources Commission 82 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Sr. Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 13, 2021. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana Historic Resources Commission 83 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-071-08 2339 North Heliotrope Drive LOT 9 AND NORTH 10 FEET OF LOT 8 AND THE NORTH 10 FEET OF LOT 8 OF BLOCK B OF TRACT NO. 1035 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 33 PAGE(S) 46 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Peter and Evan Jackson Historic Resources Commission 84 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope Drive Santa Ana, CA 92706 - 1 - 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 Peter Jackson and Evan Jackson, Husband And Husband As Community Property with Right of Survivorship, (hereinafter collectively referred to as “Owner”), owner of real property located at 2339 North Heliotrope Drivee, 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 2339 North Heliotrope Drivee, 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 85 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope 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 July 7, 2021, 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 86 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope 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 Historic Resources Commission 87 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope 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 2339 North Heliotrope Drivee, Assessor Parcel Number, 002-071-08, 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 88 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope 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: Peter and Evan Jackson 2339 North Heliotrope Drivee 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 89 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope 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 90 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope Drive Santa Ana, CA 92706 - 7 - ATTEST:CITY OF SANTA ANA _________________________________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________By:_________________________ PETER JACKSON Date: ______________________By:_________________________ EVAN JACKSON APPROVED AS TO FORM:RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: __________________________________________ JOHN M. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency Historic Resources Commission 91 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope 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: LOT 9 AND NORTH 10 FEET OF LOT 8 AND THE NORTH 10 FEET OF LOT 8 OF BLOCK B OF TRACT NO. 1035 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 33 PAGE(S) 46 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor’s Parcel Number: 002-071-08 Historic Resources Commission 92 5/13/2021 EXECUTIVE SUMMARY Raddant House 2339 North Heliotrope Drive Santa Ana, CA 92706 NAME Raddant House REF. NO. ADDRESS 2339 North Heliotrope Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1941 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: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Beginning in the second half of the 1930s, and continuing in the two decades following World War II, the late Colonial Revival departed from the more literal historicism of the previous half-century and was often reduced to a few signature elements. These features include stylized door surrounds; pseudo-quoined corners; multi-paned casement or double-hung sash windows, often framed by decorative shutters; circular, oval, or octagonal accent windows; and eaves nearly flush with the exterior walls. A hipped roof subtype sometimes contained Regency references such as bow and bay windows. Another popular subtype was split-level, ranch, or Cape Cod in appearance and plan, and normally topped by gabled roofs. The materials used in the late Colonial Revival were similar to those of the earlier period—wood, brick, stone, and stucco—although stucco came to be used more frequently than before (McAlester 1984, 320-339). SUMMARY/CONCLUSION: The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the façade, presaged the post-war emergence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as “Contributive” because it contributes to the overall character and is representative example of late Colonial Revival 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 93 5/13/2021 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) Raddant House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: TCA 1725 Date: March 3, 2015 *c. Address 2339 North Heliotrope Drive City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-071-08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, the Raddant House is a two-story single-family residence constructed in the Late Colonial Revival variant of the Colonial Revival Style. Simplicity and the symmetrically composed façade identify the Colonial Revival inspiration for this single-family residence. It is capped by a moderately pitched, side-gabled roof with enclosed soffits, which has been somewhat compromised by a rear, two-story addition. However, the addition is barely discernable from the public right-of-way. The roof is clad in contemporary asphalt shingle roofing, and the exterior walls are clad with wide clapboards trimmed by grooved endboards and a frieze board. The focal point of the design is the central recessed entry with paneled reveals, paneled door, and half-height sidelights. An interior brick chimney rises above the roof ridgeline. Four symmetrical, six-over-six, double- hung sash windows framed by shutters line the front (west) elevation. Fenestration along the north, south, and east elevations consists of four-over-four, six-over-six, and eight-over-eight double-hung windows. A one-story, side-gabled, detached garage also clad in wide clapboards is located in the rear of the property. While the residence has been altered, the alterations do not detract from the integrity of the residence. The property is landscaped with low vegetation, neatly trimmed hedges, mature trees, and features a central concrete walkway leading to the front entry. *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 elevation, view east March 2021 *P6. Date Constructed/Age and Sources: historic 1941/ City of Santa Ana Building Permits *P7. Owner and Address: Peter and Evan Jackson 2339 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *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 94 5/13/2021 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 #: Raddant House B1. Historic Name: Raddant House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): April 15, 1941. Constructed. $6,000. October 28, 1964. Patio roof for R.C. Raddant by Acme Construction Company. $375. May 14, 1981. 625-square-foot, second story addition for two bedrooms and bath for Angel by Blue Ribbon. $19,344. May 31, 1991. Install six foot high wood fence. $1,700. April 29, 2005. Reroof with tear off to remove wood shake roof and apply roofing tile. $9,840. July 30, 2020. Tear off existing roofing and install composition shingle roofing.$10,188. *B7. Moved?No Yes Unknown Date:__________Original location:_______ _______ *B8. Related Features: Detached Garage. B9a. Architect:Unknown b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1941 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 Raddant House is architecturally significant as a characteristic example of the late Colonial Revival style. It was built in 1941 by prominent developer and builder Allison Honer, the subdivider of Floral Park. The home was sold to the Raymond Conrad Raddant (1896-1973) and wife Ora Mina Raddant (1896-1977) in October 1941. Mr. Raddant was a banker working as a manager of the Bank of Italy in the City of Orange, and he would continue with that company until his retirement in in the 1950s after it became Bank of America. In February 1978, following the death of Mrs. Ora Mina Raddant, her executor Clifford L. Benson sold the property to Stephen and Eileen Angel for $98,000. Since then, the Raddant House has been occupied by various owners until the current homeowners purchased the home in 2020. (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 Heumann/Chattel Inc. *Date of Evaluation: May 13, 2021 DPR 523B (1/95)*Required information Sketch Map (This space reserved for official comments.) Raddant House 2339 North Heliotrope Drive Historic Resources Commission 95 5/13/2021 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_Resource Name: Raddant House *Recorded by Pedro Gomez *Date May 13, 2021  Continuation  Update DPR 523L *B10. Significance (continued): The Raddant 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 (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Raddant House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a nicely detailed example of the late Colonial Revival style in Santa Ana. Its horizontality, apparent on the façade, presaged the post-war emergence of the Ranch Style and its use of a Colonial Revival main entry surround anticipated a popular variation of the Ranch style. Additionally, the house has been categorized as “Contributive” because it contributes to the overall character and is representative example of late Colonial Revival architecture (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the late Colonial Revival exhibited by this property include its symmetrically composed façade; sheathing of wide clapboards trimmed by grooved endboards and a frieze board; recessed entry with paneled reveals, paneled door, and half- height sidelights; and façade fenestration of eight-over-eight double-hung sash windows framed by shutters. *B12. References (continued): Ancestry.com. California, Death Index, 1940-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Ancestry.com. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. 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. Year: 1930; Census Place: Santa Ana, Orange, California; Page: 6B; Enumeration District: 0080; FHL microfilm: 2339917 Historic Resources Commission 96 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope 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 97 5/13/2021 MILLS ACT AGREEMENT 2339 North Heliotrope 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 98 5/13/2021 500’ RADIUS HRC 2021-08/ HRCA 2021-08/ HPPA 2021-08 2339 NORTH HELIOTROPE DRIVE RADDANT HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y SITE Historic Resources Commission 99 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside Drive Santa Ana, CA 92706 - 1 - 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 Harris Jaye Feldman and Nancy Smith Feldman, Trustees of the Feldman Trust dated 03/17/1997, (hereinafter collectively referred to as “Owner”), owner of real property located at 2344 North Riverside 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 2344 North Riverside 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 7 MILLS ACT AGREEMENT 2344 North Riverside 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 July 7, 2021, 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 2344 North Riverside 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 2344 North Riverside 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 2344 North Riverside Drive, Assessor Parcel Number, 002-133-07, 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 2344 North Riverside 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. Ci ty: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council Owners: Harris and Nacy Feldman 2344 North Riverside 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 2344 North Riverside 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 2344 North Riverside Drive Santa Ana, CA 92706 - 7 - ATTEST: CITY OF SANTA ANA ________________________ _________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ HARRIS JAYE FELDMAN TRUSTEE OF THE FELDMAN TRUST DATED 03/17/1997 Date: ______________________ By:_________________________ NANCY SMITH FELDMAN TRUSTEE OF THE FELDMAN TRUST DATED 03/17/1997 APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency MILLS ACT AGREEMENT 2344 North Riverside 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: LOT 116 OF TRACT 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 AND 34 OF MISCELLANEOUS Assessor’s Parcel Number: 002-133-07 EXECUTIVE SUMMARY Menton-Barker House 2344 North Riverside Drive Santa Ana, CA 92706 NAME Menton-Barker House REF. NO. ADDRESS 2344 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT None 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: 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 wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Menton-Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid-sized Spanish Colonial Revival residence. Additionally, the house has been categorized as “Contributive” because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style 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 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) Menton-Barker House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015 *c. Address 2344 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-133-07 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Menton-Barker House is a one-story house constructed in the Spanish Colonial Revival architectural style. The house is asymmetric in design and clad in a light smooth stucco finish. The front (east) section of the house is capped by a front- and side-gabled roof covered with clay barrel tiles. A parapet, with clay barrel tile coping, shields the rear (west) section of the flat roof along the north, south, and west elevations. The east elevation consists of three bays creating a U-shaped façade embracing a front entry off of a patio. The right (north) bay features a prominent front-facing gable set above an arched living room window incorporating a transom and multi-paned casement windows. The recessed center bay consists of an uncovered patio area, enclosed by a (non-original) terra cotta-topped and stucco-covered half-height wall, and overlooked by two recessed multi-paned casement windows. Set within an arched opening, the entry faces south onto the patio and is sheltered by a canvas awning supported by non-original, decorative wrought iron brackets. The patio pavement has been replaced. The left (south) bay is topped by a shed roof extension of the main, side-gabled roof, which terminates at a lower height than the rest of the roof. Centered beneath the shed roof is a pair of recessed multi-paned casement windows. Fenestration along the side and rear (north, south, and west) elevations consists of single and four-over-four, hung windows, some shaded by (non-original) awnings with decorative wrought iron brackets. Two secondary entries on the south elevation face the driveway and are characterized by a simple wood multi-panel door and a multi-paned French door shaded by a fabric awning. There is a non-original one-story detached garage at the rear of the property. The property is generally landscaped with low vegetation, shrubs, and lawn. Other than the noted changes, the house appears intact and is in good condition. *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) March 2021 Front elevation, facing west. *P6. Date Constructed/Age and Sources: historic 1925/City of Santa Ana Building Permit *P7. Owner and Address: Harris and Nancy Feldman 2344 North Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *P10. Survey Type: Intensive Survey *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 #: Menton-Barker House B1. Historic Name: Menton-Barker House B2. Common Name: Same B3. Original Use: Single-family residence B4. Present Use: Single-family Residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed January 5, 1925. $5,000. December 1, 1939. Addition to residence for W. Barker by Louis Braasch. $150. October 6, 1941. Reroof by Owen. $60. August 6, 2013. Demo detached garage. $1,000 August 6, 2013. New detached garage. $17,200. August 6, 2013. Repair bathroom due to water damage, repair/replace framing, drywall, and stucco as required. $10,000. *B7. Moved?No Yes Unknown Date:________ Original Location:_____________________________ *B8. Related Features: Garage. B9a. Architect: Unknown b. Builder: F.L. Veatch, Inc. *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1925 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 Menton-Barker House is architecturally significant as a characteristic example of the Spanish Colonial Revival style. This house was originally constructed in 1925 and was valued at approximately $5,000, according to the original building permit. At the time of its construction, the listed property owner was the company F.L. Veatch, Inc., but it was soon sold to P.A. Taylor who resided in the property for a year before selling it to C.R. Triesch in 1927. In 1929, the property was sold to William F. Menton and his wife Helena. A native of Iowa, Menton moved to California in 1907 and settled in Santa Ana. After working at the Santa Ana Register for several years, Menton began studying law and was subsequently admitted to the State Bar of California in 1915. By 1917, he had been appointed Assistant District Attorney and by 1935, he was appointed District Attorney of Orange County by the Board of Supervisors to fill the vacancy caused by the resignation of District Attorney Kaufman. The Menton’s remained in the house until 1937, when the home was purchased by Mr. and Mrs. William D. Barker. In 1949, Mr. and Mrs. Barker sold the property to Lee M. Beard who resided on the property until 1954. Since 1954, various owners have occupied the property including Thomas Collins (1954) and Carl J. Ritters (1965). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Huemann, Chattel Inc. *Date of Evaluation: May 13, 2021 DPR 523B (1/95) *Required information Sketch Map Menton-Barker House 2344 North Riverside Drive (This space reserved for official comments.) State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_ Resource Name: Menton-Barker House *Recorded by Pedro Gomez *Date May 13, 2021  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. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Menton-Barker 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 (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Menton-Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid-sized Spanish Colonial Revival residence. Additionally, the house has been categorized as “Contributive” because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Menton-Barker House that should be preserved include, but may not be limited to: partially gabled and tiled roof; stucco exterior; main entry archway and French door; fenestration, including an arched living room window incorporating a transom and multi-paned casement windows; and U-shaped façade embracing a front entry off of a patio. *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) MILLS ACT AGREEMENT 2344 North Riverside 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 2344 North Riverside 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 # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report May 13, 2021 Topic: HRCA No. 2021-07, HRC 2021-07, HPPA No. 2021-07 – The Menton-Barker House RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2021- 07 and Historic Register Categorization No. 2021-07 (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 Harris and Nancy Feldman, subject to non-substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Harris and Nancy Feldman are requesting approval to designate an existing residence located at 2344 North Riverside Drive 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 Riverside Drive in the Floral Park neighborhood. The site consists of a 1,115-square-foot, Spanish Colonial Revival residence and detached garage on a 6,500-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 54 5/13/2021 Exhibit 8 HRCA No. 2021-07, HRC 2021-07, HPPA No. 2021-07 – The Menton-Barker House May 13, 2021 Page 2 1 7 0 8 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 property is 96 years old and is a good example of period architecture. No known code violations exist on record for this property. The property, recognized as the Menton-Barker House, is located within the Floral Park neighborhood and has distinctive architectural features of the Spanish Colonial Revival architectural style. The residence was built in 1925 by F.L. Veatch, Inc. A majority of Floral Park was developed by a prominent local builder, Allison Honer, who was credited as the subdivider and builder of a major portion of northwest Santa Ana. In the late 1920s and 1930s, another builder, Roy Roscoe Russell, continued developing the groves of Floral Park. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. The Menton-Barker House is a one-story house constructed in the Spanish Colonial Revival architectural style. The house is asymmetric in design and clad in a light smooth stucco finish. The front (east) section of the house is capped by a front- and side-gabled roof covered with clay barrel tiles. A parapet, with clay barrel tile coping, shields the rear section of the flat roof along the north, south, and west elevations. The east elevation consists of three bays creating a U-shaped façade embracing a front entry off a patio. The right bay features a prominent front-facing gable set above an arched living room window incorporating a transom and multi-paned casement windows. The recessed center bay consists of an uncovered patio area, enclosed by a (non-original) terra cotta- topped and stucco-covered half-height wall, and overlooked by two recessed multi- paned casement windows. Set within an arched opening, the entry faces south onto the patio and is sheltered by a canvas awning supported by non-original, decorative wrought iron brackets. The patio pavement has been replaced. The left bay is topped by a shed roof extension of the main, side-gabled roof, which terminates at a lower height than the rest of the roof. Centered beneath the shed roof is a pair of recessed multi- paned casement windows. Fenestration along the side and rear (north, south, and west) elevations consists of single and four-over-four, hung windows, some shaded by (non- original) awnings with decorative wrought iron brackets. Two secondary entries on the south elevation face the driveway and are characterized by a simple wood multi-panel door and a multi-paned French door shaded by a fabric awning. There is a non-original one-story detached garage at the rear of the property. Character-defining features of the Menton-Barker House that should be preserved include, but may not be limited to: partially gabled and tiled roof; stucco exterior; main entry archway and French door; Historic Resources Commission 55 5/13/2021 HRCA No. 2021-07, HRC 2021-07, HPPA No. 2021-07 – The Menton-Barker House May 13, 2021 Page 3 1 7 0 8 fenestration, including an arched living room window incorporating a transom and multi- paned casement windows; and U-shaped façade embracing a front entry off of a patio. The Menton-Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid-sized Spanish Colonial Revival residence. Additionally, the house has been categorized as “Contributive” because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 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. 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 Historic Resources Commission 56 5/13/2021 HRCA No. 2021-07, HRC 2021-07, HPPA No. 2021-07 – The Menton-Barker House May 13, 2021 Page 4 1 7 0 8 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. 2021-26 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 $798.91 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: Pedro Gomez, AICP, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency Historic Resources Commission 57 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 1 of 4 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2021-07 TO PLACE THE PROPERTY LOCATED AT 2344 NORTH RIVERSIDE DRIVE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2021-07 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 May 13, 2021, 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. 2021-07) and categorization (Historic Resources Commission Categorization No. 2021- 07) of the Menton-Barker House located at 2344 North Riverside Drive, Santa Ana. B. The Menton-Barker House has distinctive architectural features of the Spanish Colonial Revival style and was built in 1925. C. The Menton-Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid-sized Spanish Colonial Revival residence. Additionally, the house has been categorized as “Contributive” because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Menton-Barker House that should be preserved include, but may not be limited to: partially gabled and tiled roof; stucco exterior; fenestration, including an arched living room window incorporating a transom and multi-paned casement windows; and U- shaped façade embracing a front entry off of a patio. D. The legal owner of the property is Harris Jaye Feldman and Nancy Smith Feldman, Trustees of the Feldman Trust dated 03/17/1997. 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. Historic Resources Commission 58 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 2 of 4 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-2021-26 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. 2021-07 to place the Menton-Barker House located at 2344 North Riverside Drive, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2021-07 placing the Menton-Barker House located at 2344 North Riverside Drive, Santa Ana, 92706 within the Contributive category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled “Historical Property Description” is on file 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 13th day of May, 2021. __________________________ Alberta Christy Chairperson Historic Resources Commission 59 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ John M. Funk Sr. Assistant City Attorney AYES: Commission members____________________________________ NOES: Commission members___________________________________ ABSTAIN: Commission members___________________________________ NOT PRESENT: Commission members___________________________________ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 13, 2021. Date: ________________ ____________________________________ Commission Secretary City of Santa Ana Historic Resources Commission 60 5/13/2021 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Resolution No. 2021-XXX Page 4 of 4 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-133-07 2344 North Riverside Drive LOT 116 OF TRACT 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 AND 34 OF MISCELLANEOUS Harris and Nancy Feldman Historic Resources Commission 61 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside Drive Santa Ana, CA 92706 - 1 - 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 Harris Jaye Feldman and Nancy Smith Feldman, Trustees of the Feldman Trust dated 03/17/1997, (hereinafter collectively referred to as “Owner”), owner of real property located at 2344 North Riverside 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 2344 North Riverside 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 62 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside 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 July 7, 2021, 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 63 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside 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 Historic Resources Commission 64 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside 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 2344 North Riverside Drive, Assessor Parcel Number, 002-133-07, 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 65 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside 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: Harris and Nacy Feldman 2344 North Riverside 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 66 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside 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 67 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside Drive Santa Ana, CA 92706 - 7 - ATTEST:CITY OF SANTA ANA ________________________ _________________________ DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager OWNER Date: ______________________ By:_________________________ HARRIS JAYE FELDMAN TRUSTEE OF THE FELDMAN TRUST DATED 03/17/1997 Date: ______________________ By:_________________________ NANCY SMITH FELDMAN TRUSTEE OF THE FELDMAN TRUST DATED 03/17/1997 APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney By: _____________________ _____________________ JOHN M. FUNK MINH THAI Assistant City Attorney Executive Director Planning and Building Agency Historic Resources Commission 68 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside 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: LOT 116 OF TRACT 425, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 16, PAGES 33 AND 34 OF MISCELLANEOUS Assessor’s Parcel Number: 002-133-07 Historic Resources Commission 69 5/13/2021 EXECUTIVE SUMMARY Menton-Barker House 2344 North Riverside Drive Santa Ana, CA 92706 NAME Menton-Barker House REF. NO. ADDRESS 2344 North Riverside Drive CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1925 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT None 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: 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 wood, wrought iron, tile, or stone decorative elements. SUMMARY/CONCLUSION: The Menton-Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid-sized Spanish Colonial Revival residence. Additionally, the house has been categorized as “Contributive” because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style 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 70 5/13/2021 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) Menton-Barker House P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad TCA 1725 Date: March 3, 2015 *c. Address 2344 North Riverside Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor’s Parcel Number 002-133-07 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Menton-Barker House is a one-story house constructed in the Spanish Colonial Revival architectural style. The house is asymmetric in design and clad in a light smooth stucco finish. The front (east) section of the house is capped by a front- and side-gabled roof covered with clay barrel tiles. A parapet, with clay barrel tile coping, shields the rear (west) section of the flat roof along the north, south, and west elevations. The east elevation consists of three bays creating a U-shaped façade embracing a front entry off of a patio. The right (north) bay features a prominent front-facing gable set above an arched living room window incorporating a transom and multi-paned casement windows. The recessed center bay consists of an uncovered patio area, enclosed by a (non-original) terra cotta-topped and stucco-covered half-height wall, and overlooked by two recessed multi-paned casement windows. Set within an arched opening, the entry faces south onto the patio and is sheltered by a canvas awning supported by non-original, decorative wrought iron brackets. The patio pavement has been replaced. The left (south) bay is topped by a shed roof extension of the main, side-gabled roof, which terminates at a lower height than the rest of the roof. Centered beneath the shed roof is a pair of recessed multi-paned casement windows. Fenestration along the side and rear (north, south, and west) elevations consists of single and four-over-four, hung windows, some shaded by (non-original) awnings with decorative wrought iron brackets. Two secondary entries on the south elevation face the driveway and are characterized by a simple wood multi-panel door and a multi-paned French door shaded by a fabric awning. There is a non-original one-story detached garage at the rear of the property. The property is generally landscaped with low vegetation, shrubs, and lawn. Other than the noted changes, the house appears intact and is in good condition. *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) March 2021 Front elevation, facing west. *P6. Date Constructed/Age and Sources: historic 1925/City of Santa Ana Building Permit *P7. Owner and Address: Harris and Nancy Feldman 2344 North Riverside Drive Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez, Associate Planner 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 13, 2021 *P10. Survey Type: Intensive Survey *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 71 5/13/2021 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 #: Menton-Barker House B1. Historic Name: Menton-Barker House B2. Common Name: Same B3. Original Use: Single-family residence B4. Present Use: Single-family Residence *B5. Architectural Style: Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed January 5, 1925. $5,000. December 1, 1939. Addition to residence for W. Barker by Louis Braasch. $150. October 6, 1941. Reroof by Owen. $60. August 6, 2013. Demo detached garage. $1,000 August 6, 2013. New detached garage. $17,200. August 6, 2013. Repair bathroom due to water damage, repair/replace framing, drywall, and stucco as required. $10,000. *B7. Moved?No Yes Unknown Date:________Original Location:_____________________________ *B8. Related Features: Garage. B9a. Architect:Unknown b. Builder: F.L. Veatch, Inc. *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1925 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 Menton-Barker House is architecturally significant as a characteristic example of the Spanish Colonial Revival style. This house was originally constructed in 1925 and was valued at approximately $5,000, according to the original building permit. At the time of its construction, the listed property owner was the company F.L. Veatch, Inc., but it was soon sold to P.A. Taylor who resided in the property for a year before selling it to C.R. Triesch in 1927. In 1929, the property was sold to William F. Menton and his wife Helena. A native of Iowa, Menton moved to California in 1907 and settled in Santa Ana. After working at the Santa Ana Register for several years, Menton began studying law and was subsequently admitted to the State Bar of California in 1915. By 1917, he had been appointed Assistant District Attorney and by 1935, he was appointed District Attorney of Orange County by the Board of Supervisors to fill the vacancy caused by the resignation of District Attorney Kaufman. The Menton’s remained in the house until 1937, when the home was purchased by Mr. and Mrs. William D. Barker. In 1949, Mr. and Mrs. Barker sold the property to Lee M. Beard who resided on the property until 1954. Since 1954, various owners have occupied the property including Thomas Collins (1954) and Carl J. Ritters (1965). (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Huemann, Chattel Inc. *Date of Evaluation: May 13, 2021 DPR 523B (1/95) *Required information Sketch Map Menton-Barker House 2344 North Riverside Drive (This space reserved for official comments.) Historic Resources Commission 72 5/13/2021 State of California  The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________ Page 3_ of 3_Resource Name: Menton-Barker House *Recorded by Pedro Gomez *Date May 13, 2021  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. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Menton-Barker 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 (2021) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Menton-Barker House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a representative example of a mid-sized Spanish Colonial Revival residence. Additionally, the house has been categorized as “Contributive” because it contributes to the character and history of Floral Park and is a good example of Spanish Colonial Revival style architecture (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Menton-Barker House that should be preserved include, but may not be limited to: partially gabled and tiled roof; stucco exterior; main entry archway and French door; fenestration, including an arched living room window incorporating a transom and multi-paned casement windows; and U-shaped façade embracing a front entry off of a patio. *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 Resources Commission 73 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside 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 74 5/13/2021 MILLS ACT AGREEMENT 2344 North Riverside 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 75 5/13/2021 500’ RADIUS HRC 2021-07/ HRCA 2021-07/ HPPA 2021-07 2344 NORTH RIVERSIDE DRIVE MENTON-BARKER HOUSE P L A N N I N G AND B U I L D I N G A G E N C Y SITE Historic Resources Commission 76 5/13/2021