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HomeMy WebLinkAboutFYAD, FRANCOIS-XAVIER AND ROXANA0 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 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIII1IIIIIIIIIIIIIIIIIII1hil111111111111111111111 111l l! III !III NO FEE * $ R 0 0 1 5 2 6 9 4 5 3 8* 2024000308259 2:20 pm 11/25124 63RW11AA12 20 0.00 0.00 0.00 0.00 67.00 0.00 0.000.0i)o.o0 o,00 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Return VULLY EXECUTED Copy to City Clerk, M-3o HISTORIC PROPERTY PRESERVATION AGREEMENT A-2024-178 0 PBq (i) Pttlro (noma(Kam) 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 NOV 2 1 2024 and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Frangois-Xavier Fyad and Roxana Fyad, husband and wife as joint tenants, (hereinafter collectively referred to as "Owner"), owner of real property located at 2539 French 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 2539 French 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. HILLS ACTAGREEMENT 2539 French Street Santa Ana, CA 92706 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 October 16, 2024, 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 parry. 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 "Executive Summary" and "Historical Property Description" attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, 2- MILLSACTAGREEMENT 2539 French Street Santa Ana, CA 92706 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. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements" and the City Council Historic Property Preservation Agreement (HPPA No. 2024-09) staff report dated September 5, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list. -3- MILLS ACTAGREEMENT 2539 French Street Santa Ana, CA 92706 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 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Iistoric 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 4- MILLS ACT AGREEMENT 2539 French Street Santa Ana, CA 92706 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 2539 French Street, Assessor Parcel Number, 396-431-04, 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 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. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Cleric Owners: Frangois-Xavier Fyad and Roxana Fyad 2539 French Street - 5 - MILLS ACTAGREEMENT 2539 French Street Santa Ana, CA 92706 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. 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. muds MILLS ACTACREEMENT 2539 French Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. 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) 7- ATTEST: OWNERS Date: Date: 604V 30 APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: BRA ON SALVATIERRA Deputy City Attorney MILLS A CT A GREEMENT 2539 French Street Santa Ana, CA 92706 CITY OF SANTA ANA %f7zz-7r ALVARO NUNEZ City Manager SeeAtlachedhowryCemfic e t v •/1, RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency rim CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notarypublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof Ora✓Ille, ) On 06�' 30 Z44 beforeme, WCA 5cffi Nd fyvy I vbf;C (here insert name and title of the officer) personally appeared � Y GYM C U QLV1 who proved to me on the basis of satisfactory evidence to be the persor(Dwhose namls%@' are)subscribed to the within instrumen and acknowledged to me that Li/sq'� hey executed the same in f�is7VR tth�eir authorized capacit ies and that by V/tl r their signatures on t e instrument the persor s f or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature WALSAN RITH COMM. 42484024 z i %My Notary Public - CaliforniaOrange County Comm. Expires Mar. 9, 2028 Optional Information (Seal) Although the information in this section is not required bylaw, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of containing pages, and dated The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Title(,) Name(s) of Personls) or Er ity(les) Signer Is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0credible witness(es) Notarial event is detailed in notaryjournal on: Page# Entry if Notary contact: Other ❑ Additional Signers) ❑ Signer(s)Thumbprint(s) 0 Copyright 2007 2021 Notary Rotary, PC Box 41400, Des Moines, IA 50311-0507. All Rights Reserved. Item Number 101772. Please contact your Authorized Reseller to purchase copies of this form. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of oco n On NOV IDM %Di%_ 2y before me, tW.�� n T�YT191 N U1N_ _ bl i G Date IHere Insert Name and Title of the Officer ti personally appeared I 1 VCA 0 N (d RiZ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. EVELYN 18ARRA Notary PNbile • California 3Aey Orange County. Commission 0 2489063 Comm. Explras May 3. 2028 Ils Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature — &RA� Si a ure of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of l tr-olnQe_ 1} On NOvernbe - 2Vl UTH before me, Bekn , wf a t Notary 'P K C Date Here Insert Name and Title of the Officer personally appeared Rnn'&u- L- HrW Name(s) of Signers) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing EVELYN laARRA paragraph is true and correct. _ Notary Public • California 0range County WITNESS m hand and official seal. commission N 2489063 Y My Comm. Expires May 8. 2028 Signature Place Notary Seal and/or Stamp Above ig ature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer is Representing: Notary02019 National Association MILLSACTAGREEMENT 2539 French Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 24 OF TRACT 1473 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 45, PAGE 8 OF ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, Assessor's Parcel Number: 396-431-04 -9- Exhibit B EXECUTIVE SUMMARY Smith House 2539 French Street Santa Ana, CA 92706 NAME Smith House REF. NO. ADDRESS 2539 French Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1952 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago LALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Minimal Traditional During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of aesthetics, the form represented a stripped -down version of the historic -eclectic styles popular in the 1920s, in particular the Tudor and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57). Minimal Traditional homes are typically rectangular in plan and one- story in height, often with a front -gabled wing and prominent attached chimney. In contrast with the English and Tudor Revival styles the one-story version sometimes mimics, the Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi -light casement, double -hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal Traditional homes often display decorative wood shutters and porch -roof supports. SUMMARY/CONCLUSION: The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Tradtional-style home in Santa Ana. The recommended categorization is "Contributive' because it is a good example of the Minimal Traditional style and history and character of the neighborhood. (Santa Ana Municipal section su-z. 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. State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI #— PRIMARY RECORD Trinomh NRHP Status Code Other Listings Review Code Reviewer or number (assigned by recorder) P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 'c. Address 2539 North French Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 396-431-04 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) .The Smith House is a modest, intact example of a one-story, Minimal Traditional -style single-family residence and detached garage (Figures 1 and 2). It is characterized by a compact and irregular plan, cross -hipped roof with asphalt shingles and moderately wide boxed eaves, and stucco exterior cladding. The porch and front entrance are located on the front -facing west fagade, adjacent to a short wing. There, the solid wood door is accompanied by a single sidelight with a ribbed pane and sheltered by a porch roof with a single wood post and wood railing system with an offset grid design (Figures 3 and 4). To the left of the porch, a tripartite focal window consists of a multi -pane fixed wood -sash window, flanked by a pair of double -hung wood -sash windows of similar style (Figure 5). Overall, the series of broad rectangular panes provides a horizontal emphasis to the fagade, suggestive of the influence of architectural Modernism. Windows elsewhere on the residence feature double - hung wood sashes of various sizes. There are two entrances at the rear, one facing east, the other facing south from the rear wing. Each is accessed by straight concrete steps leading to glazed wood doors of varied design (Figure 6). The residence has been reroofed and outfitted with rooftop solar panels but generally retains integrity to its historical construction. (See Continuation Sheet 3 of 4.) *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) (Figure 1) Primary (west) facade, view southeast, July 2024 *P6. Date Constructed/Age and Sources: ■historic 1952/0riginal Building Permit *P7. Owner and Address: Frangois-Xavier and Roxana Fyad 2539 North French Street Santa Ana, CA 92706 *P8. Recorded by: James Williams City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: July 3, 2024 *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 (1195) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 'Resource Name or 9: Smith House B1. Historic Name: Smith House B2. Common Name: Same B3. Original Use: Single-family Residence *135. Architectural Style: Minimal Traditional B4. Present Use: Single-family Residence *136. Construction History: (Construction date, alterations, and date of alterations): February 14, 1952. Permit to construct a 6-room stucco residence and garage. Vallue not indicated. April 16, 1952. Permit for plastering by Morrison. No value indicated. May 19, 1952. Permit for one fixture for H. Mumper. $95. January 31, 2023. Permit to instalt rooftop solar panels. 1$14, 000. May 6, 2024. Permit to demolishpatio cover. $1,000. *67. Moved? ■No ❑Yes ❑Unknown Date: Original location: *138. Related Features: Detached garage B9a. Architect: Unknown b. Builder: Charles Lawrence (contractor) *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1952 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Smith House is architecturally significant as an intact example of Minimal Traditional -style house in Santa Ana. The original building permit is dated February 21, 1952, and indicates it was built as a six -room residence and garage for owner Norman Herzig by contractor Charles Lawrence at a value of $12,000, The original architect is unknown. Herzig appears to have been affiliated with the property only during the time of the initial building permit, and by May 19, 1952, the property had been transferred to H. Mumper (misspelled on the permit as "Mumfer'). A 1953 city directory listing shows A.F. Mumper as the property's occupant. Mumper continued to reside at that address until at least as recently as 1954, when the The Register identified the subject property as his address and identified the property as the site of a meeting of the Orange County Renters Association, of which Mumper was the secretary (The Register June 11, 1953). By 1960, Edward L. Smith was the property's occupant, most likely with his wife Blanche U. and their family (Ancestry.com 2011). Edward was an insurance salesman by profession and owned the Lee Smith insurance agency. While it is unknown when Edward died, at the at the time of Blanche's passing in 1975, she was the sole owner of the property (Anaheim Bulletin August 8, 1975). Sources identifying owners and occupants of the property are not available between 1976 and 2023. By 2023, City planning records show, the property's current owners and residents Frangois-Xavier and Roxana Fyad took ownership of the property. (Continued on page 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: Ancestry.com. U.S., City Directories, 1822-1995[database on- line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. (See Continuation Sheets 3 and 4) B13.Remarks: None *B14. Evaluator: James Williams, City of Santa Ana. *Date of Evaluation: July 18, 2024 (This space reserved for official comments.) DPR 523B (1195) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial rage :r or v Kesource fame: ruvameor arructure» *Recorded by James Williams *Date July 15, 20240 Continuation ❑ Update *P3a. Description (continued): The detached garage, located southeast of the residence, was constructed in a style similar to the residence (Figure 7). It has a rectangular plan, hipped roof with asphalt shingles and closed eaves, and stucco siding. A non -original metal roll -up garage door is located on the main (west) fagade, opening toward a concrete -paved driveway leading to French Street. A wood -panel door and double -hung wood -sash window are located on the secondary west fagade. *B10. Significance (continued): The Smith House is located in the Park Santiago neighborhood. The neighborhood is bounded by Santiago Creek and Park on the north, East Seventeenth Street on the south, North Lincoln Avenue on the east, North Main Street on the west, and the 1-5 freeway on the southwest. In large part these boundaries reflect the transportation lines that were constructed towards the end of the nineteenth century and at the beginning of the twentieth century, when the Pacific Electric interurban railroad ran up Main Street; the Atchison, Topeka, and Santa Fe tracks followed Lincoln; and the Southern Pacific Railroad right-of-way mirrored the freeway route. This area remained primarily agricultural well into the 1920s. As of 1905, the city directories listed around twenty households on East Santa Clara, Twentieth Street, "C Street" (now North Santiago Street), North Bush Street and North Main Avenue, the only streets in the area at the time. The vast majority of the residents were ranchers. By 1911, the number of households had increased to about thirty, and Edgewood Road and Valencia Street had been partially laid out, but most residents continued to list "rancher" or "fruit grower" as their occupation in the city directories. This pattern of land use was evident on the 1912 plat map of the City, which illustrated two small, Craftsman era subdivisions along Bush north of Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided into larger, agricultural parcels held by approximately forty landowners. While the area east of Santiago Street was not subdivided until after the mid-1920s, most of the present day streets west of Santiago had been laid out when the City was mapped in 1923. Ranching continued to be the most prevalent occupation in the neighborhood, but increasing numbers of professionals, small business owners, merchants, and people in service professions such as painters, electricians, and ca rpenters made their homes in the western half of the neighborhood during the 1920s and 1930s. The area also attracted several city and county officials, including the City Attorney (Z. B. West, Jr., 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irvin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By Apri11942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-family homes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World War Il. The Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Minimal Traditional -style house in Santa Ana. Located in Park Santiago, the house cost $12,000 to build in 1952. The recommended categorization is "contributive" because it is a good example of the Minimal Traditional style and contributes to the history and character of the neighborhood (Santa Ana Municipal Code, Section 30-2.2.3). Character -defining features of the Smith House include, but may not be limited to: compact, irregular plan; asymmetrical primary (west) fagade; moderately - pitched cross -hipped roof, moderately wide roof overhang with boxed eaves; stucco siding with moderate texture throughout; brick external chimney; wood -frame multi -pane double -hung wood -sash windows; tripartite wood -sash focal window with horizontal emphasis, porch rail with offset grid design, and front door with accompanying sidelight with ribbed pane. *B12. References (continued): Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. City of Santa Ana Building Permits Marsh, Diann, Santa Ana, An Illustrated Histo v. Encinitas, Heritage Publishing, 1994. McAlester, Virginia Savage. A Field Guide to American Houses. New York., Alfred A. Knopf, 2013. Newspapers.com (Anaheim Bulletin. The Register) Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995. DPR 523L Rate of California —The Resources Agency Primary # )EPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial °age 4 of 4 Resource Name: Mame_of Structure)) 'Recorded by James Williams -Date July 75, 2024M continuation ❑ Update Figure 2. At the rear (east) elevation, the patio is located near the rear wind, partially sheltered by a broadly overhanging eave, facing west. Figure 3. The primary (west) fagade showing the front door and sidelight assembly, including the ribbed -class sidelight pane, facina east. Figure 4. The front porch, located on the primary (west) Figure 5. Tripartite focal window on the front i fagade, is partially enclosed on the north by a low, wood consists of a fixed central sash two flanking railinc featurinc an offset and oattern. facina southeast. sashes. facina north. Figure 6. The patio, at a juncture of the south and east Figure 7. The detached garage, located southeast of the elevations, is the location of the rear patio and two primary residence, has a pyramidal roof moderate secondary entrances, facing north. overhangs and asphalt shingle cladding to match the DPR 523L MILLS ACTA GREEMENT 2539 French Street Santa Ann, CA 92706 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, and such design is compatible with MILLSACTAGREEMENT 2539 French Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -2- Exhibit D: Proposed Structure Improvements ("Work Plan") 2539 French Street Item Year Improvement 1 2025 Repair and replace roof overhang features as needed. 2 2026 Replace non -compatible south -facing rear door with a more appropriate alternative. 3 2027 Trim and maintain front yard shrubs and other landscaping to ensure ongoing clear view of the residence's primary (west) fapade from the public right-of-way. 4 2028 Repaint residence and garage.