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Home My WebLink About25A - 920 N. TOWNER STREET ~ ~ REQUEST FOR COUNCIL ACTION > CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 6, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-02 FOR PROPERTY LOCATED AT 920 NORTH TOWNER STREET APPROVED D As Recommended D As Amended D Ordinance on 1'1 Reading D Ordinance on 2M Reading D Implementing Resolution D Set Public Hearing For ¡ UJ¡7a C Y MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute an agreement with Mr. Daniel Leroy Cordova for the structure located at 920 North Towner Street. HISTORIC RESOURCES COMMISSION ACTION 4IÞRecommended that the City Council direct the authorize the City Manager and Clerk of agreement with Mr. Daniel Leroy Cordova for North Towner Street at its June 3, 2004 (Bustamante, Corpin, O'Callaghan absent) . City Attorney to prepare and the Council to execute an the structure located at 920 meeting by a vote of 6: 0 DISCUSSION At the public hearing on June 3, 2004, the Historic Resources Commission reviewed the proposed Historic Property Preservation Agreement (Mills Act Contract) and concluded that the resulting potential property tax savings would encourage the owner to reinvest the tax savings in the maintenance of their historic property, and would benefit both the owner and the community (Exhibit A) . Additionally, the agreement prevents inappropriate alterations. 8 25A-1 HPP Agreement July 6, 2004 Page 2 No. 2004-02 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $78 to $391 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: dt:¿'2~~ Executive Director Planning & Building Agency oma Director Management Services Agency MGM:rb mgm\historic\June2004\MillsAct\hppa04-02.cc 25A-2 REQUEST FOR Historic Resources Canmission Action A HSTORIC RESOURCES COMWSSION SECRETARY ..... >tiISTORIC RESOURCES CONIMISSION MEETIIIG DATE: JUNE 3, 2004 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2004-02 FOR PROPERTY LOCATED AT 920 NORTH TOWNER STREET APPROVED 0 As Recommended 0 As Amended 0 Set Public Hearing For CONTINUED TO Prepared by Melanie G. McCann ß-; / 2:Z~ Director ~";"' MaM,.' RECOMMENDED ACTION Recommend that the City Council direct the City Attorney authorize the City Manager and Clerk of the Council agreement with Mr. Daniel LeRoy Cordova for the structure North Towner Street. to prepare and to execute an located at 920 8>ISCUSSION Request of Applicant The applicant, Mr. Daniel LeRoy Cordova, Historic Property Preservation Agreement No. the property owner and the City of Santa Ana. requests the approval of 2004-02 (Mills Act) between Property Description The property is a single-family residence located at 920 North Towner Street within the Washington Square neighborhood. The surrounding land uses include single-family dwellings to the north, south, east and west. Analysis of Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservations Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of property tax reduction. The reduction is provided in exchange for the owner's voluntary commitment to maintain the property in a quality state ~f repair and to rehabilitate the property as necessary to maintain its ~haracter and appearance., Once recorded, the agreement triggers a requirement for determining the assessed value of the affected property, thus resulting in potentially significant property tax savings for the owner. EXHIBIT A . 25A-3 HPPA June Page No. 2004-02 3, 2004 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed and categorized as Contributive on the Santa Ana Register of Historical Properties in August 2003 (Exhibit 1). Built circa 1903, the Towner-Rogers House is a good example of American Bungalow/Craftsman style architecture. After consideration of the owner's application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 2) . A review of the property indicates it has been maintained in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. The benefits this agreement includes, but are not limited to, the following: 1. Reduction in property tax to allow reinvestment for preservation of the property. 2. Assuring a mechanism to provide for property rehabilitation. 3. Preventing inappropriate alterations to the historic property. 4 . Providing additional incentives designated historic structures. for homebuyers to purchase 5. Providing an opportunity for visual improvement to the physical environment of the community. 6. Providing a City. focus on historic districts and structures in the CEQA Compliance In accordance with the California Environmental proposed project is exempt from further review. A will be filed for this project. Quality Act, the Notice of Exemption / L-L-A~ ~~ Maya DeRosa Senior Planner Melanie G. McCann, AICP Associate Planner MGM:JM mgm\historic\JuneHRC2004\MillsAct\hppa04-02.hrc 25A-4 EXECUTIVE SUMMARY 4IÞ TOWNER-ROGERS HOUSE 920 North Towner Street Santa Ana, CA 92701 NAME Towner-Rogers House I REF. NO. ADDRESS 920 North Towner Street CITY Santa Ana ZIP I 92703 I ORANGE COUNTY YEAR BUILT Circa 1903 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD I Washington Square NATIONAL REGISTER CRITERIA FOR EV ALUA nON I C NATIONAL REGISTER STATUS CODE SSI Location: 0 Not for Publication I2SI Umestricted D Prehistoric I2SI Historic D Both ARCIDTECTURAL STYLE: Bungalow/Craftsman Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of APacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and ~ped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Towner-Rogers House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I as a representative example of the early Craftsman style that appeared in Santa Ana during the first few years of the twentieth century. The house may also qualify under Criterion 4b, for association with an early landowner and developer, if the suspected connection with the Towner family can be proven. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Washington Square through its age and style, and is a "good example" of the early Craftsman style that "has not been substantially altered." (Mwùcipal Code Section 30-2.2)." EXPLANATION OF CODES: . National Register Criteria for Evaluation: (From Appendix 7 ofInstructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. . National Register Status Code: (From Appendix 2 ofInstructions for Recording Historical Resources, Office of Historic Preservation) 5S1 Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. EXHI~IT 1 Z5A~t5 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Page...L of ..l.... Other Listings Review Code Reviewer Resource name(s) or number (assigned by recorder) Date Towner-Rogers House P1. Other Identifier: 'P2. Location: DNot for Publication -Unrestricted 'a. County Orange County 'b. USGS 7.5' Quad Date: 'c. Address 920 North Towner Street City Santa Ana Zip 92703 'e. Other Locational Data: Assessor's Parcel Number: 405-231-05 Sec 12 T 5 R 10 Lot 59 X 136 ft 'P3a. Description: (Describe resource and its major elements, Include design, materials, condition. alterations, size, setting, and boundaries,) Located on the west side of Towner Street between Civic Center Drive (formerly Hickey and then West Eighth Street) and West Washington Avenue, this is a one and a half story residence displaying the early Craftsman style, A steeply pitched front gable roof covers the building, with shed-roofed dormers extending from it on the side elevations, Rafters, beams, and braces are visible in the eaves, and a latticework vent occupies the peak of the gable end, Narrow clapboard sheathes the building, accented by a sill-level stringcourse. Spanning most of the façade, an attached porch is topped by another front gable that is lower and more shallowly pitched than the primary roof. Paired posts on brick pedestals support the porch roof, The entry is offset slightly to the south, and is flanked on the north by a large, double-hung sash window and on the south by a tripartite window that features a leaded glass transom, Leaded glass also distinguishes a window on the south elevation, Above the porch roof, two fairly tall and narrow double-hung sash windows are centered in the gable face, A brick chimney is attached to the south elevation. The property, set off by a white picket fence, also includes a one and a half story, side- gabled garage whose door has been replaced. The house appears to be substantially unaltered from the street, although a large addition was made in 1988, 'P3b. Resource Attributes: (list attributes and codes) HP2, Single-family Property P5a. Photo 'P4. Resources Present: -Building DStructure DObject DSite DDistrict -Element of District DOther ~." ~î ~."f I _~~l,..',..- ' I \t. : ¡,i. !;t -~~ ~g . . '" . ,'~.:.¿Ll .J;. J J I - - - - - - ~ý- 1,' ".' i .J : ; t .. ~ ~~:~:£'.~f~<:'.;_.,: .;, - ... '"' ~ ... ~<. ~~~;.~~ -~~f> if: ~~.. " - . ""...,i~ll~"~'I~;"'''~'oI_~~~:'~.;.s¡,~,~.iØ' -. ;.... ,'-....w 'P11. Report Citation: (Cite survey report and other sources, or enter "none") P5b. Photo: (view and date) East elevation May 2003 .11 'P6. Date ConstructedlAge and Sources: -historic Circa 1903 9 " 'P7. Owner and Address: Daniel LeRoy Cordova 920 North Towner Street Santa Ana, CA 92703 'P8. Recorded by: Leslie J. Heumann SAIC 35 S, Raymond Ave. # 204 Pasadena, CA 91105 .. 'P9. Date Recorded: May 29, 2003 'P10. Survey Type: Intensive SUNey Update None, 'Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) CPR 523A (1/95) 2~A~65 *Required information 4IÞ State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page ..L of...2 .NRHP Status Code 5S1 .Resource Name or #: Town~r-Rogers House B1. Historic Name: Towner-Rogers House B2. Common Name: Same B3. Original Use: Single-family Residence *B5. Architectural Style: Bungalow/Craftsman) .B6. Construction History: (Construction date, altera~ons, and dale of alterations): Constructed circa 1903, B4. Present Use: Single-family Residence December 14, 1945, Termite work, Emmet Rogers, owner. [Note: this is the earliest permit for this address in city records.] November 15, 1988, Swimming pool. December 1, 1988, Spa, December 5, 1988. Two-cargarage, 1st and Z'd floor addiüon garage, family room, bedroom 725 sq, ft, 1st, 614 sq. ft, ZW,440 sq. ft. garage. May 16, 1990. Reroof. *B7. Moved? 8No DYes *B8. Related Features: DUnknown Date: Original Location: None, B9a. Architect: Unknown b, Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1879-1953 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in tenns of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) 8 This house is architecturally significant as an example of the early Craftsman style and may be historically significant for an association with one of the earliest families to settle in the Washington Square neighborhood of Santa Ana. Its date of construction could not be confirmed through building permit records, city directories, or Sanborn maps. However, the house is one of the oldest, if not the oldest, residence on Towner Street, which was laid out, between Civic Center and Tenth Street, around 1902, The only residence listed in the city directories on the street until at least 1915 was 850, which, in 1905, belonged to the Towner family. Subsequent listings in the city directories and the first Sanborn map published for the area In (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 4 of 4.) Sketch Map B13. Remarks: JH V\;' f r- . .. ~ .. .B14. Evaluator: Leslie J, Heumann Lø " i 000 CD @ .Date of Evaluation: May 29, 2003 , . (This space reserved for official comments,) TIM T ~@ @ @ @ @ @ 8 * IlIO'J"I'OŒ) Towner-Rogers House 920 North Towner Street DPR 5238 (1/95) .Required information 'SJ(-? State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Page ...L of~ 'Recorded by Leslie J. Heumann, SAIC Primary # HRI# Trinomial Resource Name or # (Assigned by recorder) Towner-Rogers House 'Date May 29, 2003 00 Continuation 0 Update *B10. Significance (continued): 1943, when compared to current addresses on the street. suggest that the numbering may have been changed in the 1940s when Towner Street was subdivided north of Tenth Street. If so, it is possible that 920 Towner may have been 850 Towner and thus the home of the original properly owner on the street. During the 1940s, 920 Towner was one of several properties on Towner that was associated, either through building permit records or city directories, with Emmet C, Rogers, a building contractor. The patriarch of the Towner family was attomeyJames W. Towner, Bom in New York State in 1823, J. W. Towner was a teacher, studied for the ministry, and a lumberman before he settled on a career in law. He came to Santa Ana in 1882 and was appointed the first judge of the Superior Court when the County of Orange was created. Serving in that capacity until 1897, after which he resumed private practice from an office adjacent to his home on West Fourth Street, J. W. Towner died in 1913, His son, ArthurJ. Towner, arrived in Santa Ana in 1880, two years earlier than his father, and took up farming, the occupation of his father's father, Trained as a gunsmith, A. J, Towner also had a sporting goods business. He lived at 850 North Towner Street until his death in 1909 at the age of 58. H, Fred Towner, A. J. 's son, occupied a properly immediately to the west, at 833 North Baker Street, until 1921. A blacksmith, H, Fred Towner made his reputation in farming equipment, and was the holder of several patents, Santa Ana was founded by Wiffiam 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 a"ival 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 Towner-Rogers House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west, Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869, Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross-McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey, In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single- family homes over the next 25 years had begun, In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War fl. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual properly owners could customize to their tastes (Washington Square: A Neighborhood of Pride," Washington Square Neighborhood Association), With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The Towner-Rogers House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as a representative example of the early Craftsman style that appeared in Santa Ana during the first few years of the twentieth century. Typical Craftsman features of the house include exposed structural elements, a capacious, gabled, front porch, tapered porch supports, and tripartite windows, These features are juxtaposed with the tall and narrow proportions of the double-hung windows and the use of leaded glass, elements more characteristic of the Victorian era and early twentieth century Colonial Revival styles. The house may also qualify under Criterion 4b, for association with an early landowner and developer, if the suspected connection with the Towner family can be proven. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Washington Square through its age and style, and is a "good example" of the early Craftsman style that "has not been substantially altered." Character defining exterior features of the Towner-Rogers House that should be preserved include, but may not be limited to: materials (wood, brick) and finishes (clapboard); roof configuration and detailing; massing; porch; windows and doors; and architectural details such as porch supports and leaded glass windows, DPR 523L 25A~a5 4IÞ 4IÞ I 4IÞ State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Page -L of-L "Recorded by Leslie J. Heumann, SAIC Primary # HRI# Trinomial Resource Name or # (Assigned by recorder) Towner-Rogers House "Date May 29, 2003 ŒJ Continuation 0 Update "812. References (continued): Ha"is, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998, Marsh, Diann. Santa Ana. An Illustrated Historv. 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. Whitten, Marcus, American Architecture Since 1780. Cambridge: MIT Press, 1969. Armor, Samuel, HistoN of Oranae CountY. Los Angeles: Historic Record Company, 1921, Orange County and Santa Ana City Directories, 1901-1945. 'Washington Square: A Neighborhood with Pride," Washington Square Neighborhood Association, no date, 'The Towner Family." Oranae CountY BioaraDhies. WP.A. Research Project #3105, 1937, DPR 523L 2~X~Ö MILLS ACT AGREEMENT 920 North Towner Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this 6th day of July 2004 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Daniel Leroy Cordova, (hereinafter referred to as "Owner"), Owner of real property located at 920 North Towner Street, Santa Ana, California in the County of Orange and listed on the Santa Ana Register of Historic Properties. A. B. RECITALS c. 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. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 920 Towner 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". The Historic Property is officially designated on the Santa Ana Register of Historic Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. The City and the property 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 the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. D. EXHIBIT 2 - 1 - 25A-10 4IÞ 4IÞ 8 MILLS ACT AGREEMENT 920 North Towner Street Santa Ana, CA 92706 E. The Owner and the 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 6, 2004 and shall remain in effect for a tenn of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial tenn 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 tenn 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 tenn of the Agreement as provided herein. c. Within 30 days hum 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 ofthe Agreement, withdraw its notice to the Owner ofnonrenewal. 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 tenn then remaining, either from its original executioll or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the tenn of this Agreemellt, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural fonn, 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 ofthe City. - 2 - 25A-11 ÆfILLSACTAGREEÆfENT 920 North Towner Street Santa Ana, CA 92706 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and confonn to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hercto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. c. A view coITidor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be pennitted to block the view coITidor 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 alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or umepaired 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 examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to detennine the Owner's compliance with the tenns and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all infonnation requested which may be necessary or advisable to detennine compliance with the tenns 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 detennines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City detennines that the Owner has 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 State Controller as set forth in Government Code Section 50286, which states that the fee shall be twelve and one-half (12 Yz) percent of the full -3- 25A-12 8 4IÞ 8 MILLS ACT AGREEMENT 920 North Towner Street Santa Ana. CA 92706 value of the property at the time of the cancellation without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic 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 detennines 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, the City may specifically enforce, or enjoin the breach of, the tenns ofthe Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give writtcn notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction ofthe Deputy City Manager for Development Services 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 the Owner), then the City may, without further notice, declare a default under the tenns of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the tenns of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b, The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the 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. The Owner hereby subjects the Historic Property, located at 920 North Towner Street, Assessor Parcel Number, 405-231-05, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering -4- 25A-13 MILLS ACT AGREEMENT 920 North Towner Street Santa Ana, CA 92706 or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation ofthe property. 9. Notice. Any notice required by the tenns of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: Daniel Leroy Cordova 920 North Towncr Street Santa Ana, CA 92703 10. General Provisions. a. None of the tenns, 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 tenns, 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 ftom the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The 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 ofthe Owner's activities in connection with the Historic Property. -5- 25A-14 4IÞ 4IÞ 8 MILLS ACTAGREEMENT 920 North Towner Street Santa Ana, CA 92706 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 the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation oflaw 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. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice ofthis Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. - 6- 25A-15 MfLLSACTAGREEMENT 920 North Towner Street Santa Ana, CA 92706 14. Signatures. IN WITNESS THEROF, City and Owner have executed this Agreement on the day and year first written above. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager Owner Date: ;-[-D':'~ By: C(:ßf0V~ APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Deputy City Attorney -7 - 25A-16 4IÞ State of California County of Orange }SS. On iI' ~ ,,/ ~ ~/ , before me, Rosa S, Barela. Notary Public Name and Title of Officer (e,g" "Jane Doe. Notary Public") personally appeared Daniel Leroy Cordova Name(s) ofSigner(s) ~------------~ ~ ROSA S, BARELA - Commission # 1303103 ~ Notary Public - Carrfomia ~ ~ Ora nge County f ~ ~ -- -~~~~~~30.:~ personally known to me proved to me on the basis of satisfactory evidence to be the person(sl whose name(s-) riS/are subscribed to the within instrument and acknowledged to me~that 11~.she4l1ey executed the same in rb.i~er/their authorized capacitY(~t, and that by r1iI~eFIt~ signature(s) on the instrument the person(gJ, or the entity upon behalf of which the person(s) acted, executed the instrument. D G] WITNESS my hand and official seal. (---, )6' A ' \ :fÍ". " /"', " '.j jj-{'4.. :.J. ;]((/(; /CJlV SignalUTe of No tory Public 8 Place Notary Seal Above State of California County of Orange }SS. On , before me, Name and Title of Officer (e,g" "Jane Doe, Notary Public") Date personally appeared Namc(s) ofSÏgncr(s) personally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D D 8 WITNESS my hand and official seal. Signature ofNoc.y Public Place Notary Seal Above - 8 - 25A-17 MHLSACTAGREEMENT 920 North Towner Street Santa Ana, CA 92706 Exhibit A That portion of the land allotted to Jacob Ross, in the City f Santa Ana County of Orange, State of California, as described in the Final Decree of the Partition of the Rancho Santiago De Santa Ana, which was entered September 12, 1868, in Book "B", Page 410 of Judgments of the District Court ofthe 1 th Judicial District in and for Los Angeles County, California, described as follows: Beginning at a point in the Easterly line of the land conveyed to Emmet C. Rogers, and wife, the Deed recorded March 3,1943, in Book 1183 Page 15 of the Official Records, of Orange County, California, said point being distant thereon Southerly 232.00 feet from the Northeast comer of said Rogers land, 166.00 feet; thence Southerly, along a line parallel with the Easterly line of said Rogers land 59.00 feet to a point distant Northerly, measured along said parallel line 248.00 feet from the Southerly line of said Rogers land; thence Easterly, parallel with Southerly line, 166.00 to the Easterly line of said Rogers land; thence Northerly along said Easterly line 59.00 feet to the point of beginning. -9- 25A-18 8 4IÞ 8 MILLS ACTAGREEMENT 920 North Towner Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S, Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 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 enviromnent, 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 enviromnent 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 enviromnent. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with - 10- 25A-19 10. MILLS ACT AGREEMENT 920 North Towner Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. Wherever possible, new additions or alterations to structures shaH be done in such a manner that if such additions or alterations need to be removed in the future, the essential fonn and integrity of the structure would be unimpaired. - 11 - 25A-20 -'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-'-.-'-1 r'-'-'-'-' . 1 4IÞ1 (£) 8~ CD DRIVEWAY 1 -.- _0_'-'_'-'_0 8 POOL -~- 0) ~ lIOlTSE PORCH 00 CD 0 1 00' 0_'_'_'_0_'_'_0_'_0_'_0_0_0_0_0_0_'_'_._0- TOWNER STREET Exhibit C HPP A 2004-02 920 NORTH TOWNER STREET PHOTO LOCA nON MAP 25A-21 ~ NORTH ..-==~~- - ---,- -- , W'*>J .,1-,...,,' .'~.." " .;" '{S'~: .'1 J¡! ~'] " J t !: . ~ 1-;1¥ " fA, ~ /,,:,/, I;;. -:~':r.1i'~"\'.4~'_, f ,. " -- --,-'-',.', 2. FRONT ELEVATION: A tripartite window with a leaded glass transom on the porch. "",. FB--'" - '" ~ Exhibit C HPP A 2004-02 920 NORTH TOWNER STREET 25A-22 8 4IÞ e _"":",~,,,,,,:,P1t . : ~ ~. .. '~., ~" . .,;,' ,:", ¡', . .;...¡.' . ~.. '" ..".:':';~ ',;;: ;:'Y1 '~::~~ ,;:'\:;"" , , ;\'::1 !i j , I t .'¡' '!~i<,I?~,(:'~;:;~,:'~ :1, ~ , ~): ~-:;:i :~.';~-. ,c,.,. .. -" :..- ' . ''',..::- ~:-~ ,;.tiiII ~ ~~ ~. :,ç~'~~~:'t<"~<,,,,,.~~- , \1~ } ? AJ f¡'- . .~ .;; -~ ."'.............~_._- -----------<-.....-...- -- ---'~-_._~----- T'h~'Sp.4')g;.2~+'¡iß.!\;t~IW;.ry-,,:.,,"'1~"')""Y'- ~ . ,~ . ,- . . . ~ 1 ",' I~ Tr. .- 'ii -' ',..: I~ ~ :~'" I..f '. -'.i1ltv.'. .,,~ ~-": f ' JI',:r{ , ¡,ie~t (.. ~~--'oo;r-~.:: ,; ): ]lf~'1~ ' , 4. SIDE ELEVATION: Brick chimney and narrow clapboard sheathes accented by a sill-level stringcourse. -,.;¡.: :, Exhibit C HPP A 2004-02 920 NORTH TOWNER STREET 25A-23 It' -,....- .. .1"*' ~," '--" -_.. I ".; ¡J .",... .''-". \,,/'/} '/'-1" "'1 (1 '. 'l~ -1 ., IC-. ..,'" ~ ~ I ",. .._-,,-~--- -"----.- " . I ~ ~Jr~ . -,-".~ -..-...-¥--..-----.--. '''_''no ~'" ,,,"" "" "" --""¥"- ,.,,>--"<' ~'> M'--__._----."- , ....'YI~J/I".','" ","'" # 6. SOUTH ELEVATION: Shed roof dormer with balcony, and double hung sash windows. "':' "', .. - ,-- \ Exhibit C HPP A 2004-02 920 NORTH TOWNER STREET 25A-24 8 8 8 ~~ ---'--~.._-, ~ ,"~" .r":k". ~ af. . . :;."~,-~~ ~ '-'~ I.- . .\::-~..:.. ->----..- '-_'n-- " .' 7. :\ORTH EI.E\'.\TlO:\: ..\ second SIH'd roof dorm",r "ilh hakon~. and dOllhll'-hung slsh wiß(!I)\\s. '~i:~~~;~A!-r::~~~~... ~ _,i,¡,?J.' - -:.. ,l '¡- ~ . , ,I I...'\~>t..\,~~ ^~r -~': '. -: f';~'.f~.~i~.::',:'::' '. -" . ,..~,t \ , ~ - ,.,t> \ ~ ~j ;.:- , ,'- 'F: ,,\ \ , - , !I ,..'. , r. I(L',: ~ ",r, ,~~ i<'" "~',"" . '" , ,,~ i'it ''''',;&/ .~ (''l.-." , ! I ; I ! ,,1 H T-I , I ' I ' ~ .~..-¡;-1 ~ l,: L:;."~ . ! L' I ,,', , " "':~~'~ _..¡ I '~" ! ; . f!' .~ :! t..J...i . .~, ¿ ..,;.;:I2.. ..'¡~' - ..... ;;fr~ -;;..... -:;.... - .~ ~~ --"< '-'~"~- ~- , ~ ... ... '" .' j 8. FRONT ELEVATION: Paired wooden posts on brick pedestals supporting the porch roof. - Exhibit C HPP A 2004-02 920 NORTH TOWNER STREET 25A-25 '~ ~ ~ .. , ~ ",'- ^\"'~!!¡;;~.._. Exhibit C HPP A 2004-02 920 NORTH TOWNER STREET 25A-26