HomeMy WebLinkAbout25B - 301 S. CYPRESS AVE.
REQUEST FOR
COUNCIL ACTION
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CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
DECEMBER 19, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-13 FOR THE
PROPERTY LOCATED AT 301 SOUTH
CYPRESS STREET
APPROVED
D As Recommended
D As Amended
D Ordinance on 1 sl Reading
D Ordinance on 2nd Reading
D Implementing Resolution
D Set Public Hearing For
A ,~<,.4z;:,---
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Helen R. Brown for
the structure located at 301 South Cypress Street.
HISTORIC RESOURCES COMMISSION ACTION
Recommended that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Helen R. Brown for the structure located at 301 South
Cypress Street at its December 1, 2005 meeting by a vote of 6:0
(Bustamante, Seeley and Sarmiento absent) .
DISCUSSION
After the public hearing on December 1, 2005, 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.
258-1
HPP Agreement No. 2005-13
December 19, 2005
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $22.97 to $114.25 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
J~VinO
Ex tlve Dlrector
Planning & Building Agency
1-~r-.. ~t", j:'- [' . ') ~,~ ~. __
Francisco Gutierrez
Executive Director
Finance & Management Services Agenc~_;-
HS:rb
hs\historic info\mills act agreements\hppa05-13-301_S_Cypress.cc
258-2
REQUEST FOR
Historic Resources Commission Action
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HISTORIC RESOURCES COMIIIIISSION SECRETARY
HISTORIC RESOURCES COMMISSION MEETJ1K3 DATE:
DECEMBER 1, 2005
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2005-13 FOR THE PROPERTY
LOCATED AT 301 SOUTH CYPRESS STREET
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
:!1~
ExecutIve Director
~~r<-
Planning Ma ager
RECOMMENDED ACTION
Recommend that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Helen R. Brown for the structure located at 301 South
Cypress Street.
DISCUSSION
Request of Applicant
The applicant, Helen R. Brown, request the approval of Historic Property
Preservation Agreement No. 2005-13 (Mills Act) between the applicant and
the City of Santa Ana.
Property Description
The subject property includes a two-story residence and a detached two-
car garage located at 301 South Cypress Street, and is within the
Eastside neighborhood. Surrounding land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation 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 a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary to maintain its character and appearance.
Once recorded, the agreement triggers the use of a different valuation
method in determining the property's assessed value, thereby resulting
in potentially significant property tax savings for the owner.
EXHIBIT A
258-3
HPPA No. 2005-13
December I, 2005
Page 2
One of the eligibility requirements for the
property must be listed on the Santa Ana
Properties. The subject property was placed on
categorized as Landmark in September 2002 by
Commission (Exhibit 1)
Mills Act is that the
Register of Historical
the local register and
the Historic Resources
Upon consideration of the application, it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 2). A
review of the property indicates that this Craftsman styled structure is
in excellent condition. As a result, a supplemental property
rehabilitation plan will not be required as part of this agreement.
Photos of the property are included with the agreement as well as a
photo location map. The benefits of executing this agreement include,
but are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term
preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase
historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical
environment of the community.
6. Offers additional support and attention for historic districts and
historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the
recommended action is exempt from further review. A Notice of Exemption
will be filed for this project.
~
Assistant Planner II
HS:JM
hs\historic info\mills act agreements\hppa05-13-301_S_Cypress.hrc
258-4
EXECUTIVE SUMMARY
CROSE HOUSE
301 South Cypress Avenue
Santa Ana, CA 92701
NAME Crose House I REF. NO.
ADDRESS 301 South Cypress Avenue
CITY Santa Ana ZIP I 92701 I ORANGE COUNTY
YEAR BUILT 1911 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT IN/A NEIGHBORHOOD 1 Eastside
NATIONAL REGISTER CRITERIA FOR EV ALVA nON I B,C NATIONAL REGISTER STATUS CODE ISSI
Location: D Not for Publication
~ Unrestricted
D Prehistoric
~ Historic
D Both
ARCHITECTURAL STYLE: Bungalow/Craftsman
Closely related to the English Arts and Crafts Movement, American 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
fonn, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new
appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious
porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped
roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of
stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly
proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1 920s.
SUMMARY/CONCLUSION:
The Crose House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as an intact and
representative example of the distinguishing characteristics of a Craftsman residence from the first decades of the twentieth century,
and under Criterion 4b, for its association with the Crose family. Additionally, the house has been categorized as "Key" for its
distinctive architectural style and quality as a Craftsman House from the early twentieth century in Santa Ana (Municipal Code,
Section 30-2.2).
or that represent the
distinguishable entity
· National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic
Preservation)
5S1: Not eligible for the National Register but of local interest because the resource is eligible for listing under an
existing local ordinance.
EXHIBIT 1
258!;o5
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code
Page -1- of -L
P1. Other Identifier:
*P2. Location: DNot for Publication -Unrestricted
*b. USGS 7.5' Quad TCA 2555
*c. Address 301 South Cypress Avenue
*e. Other Locational Data: Assessor's Parcel Number
BLK F
Other Listings
Review Code Reviewer
Resource name(s) or number (assigned by recorder)
Date
Crose House
*a. County Orange County
Date:
City Santa Ana Zip 92701
404-095-03; BLEES 2ND ADD LOT BLK F, AND N 8 FT LOT 2
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
A distinctive combination of details and features distinguishes the appearance of this two-story Craftsman house. Capped by
a complex cross-gabled roof of medium pitch, the building is primarily clad in narrow clapboard. Carved rafter tails and knee
braces, arrow-tipped bargeboards, and notched beam-ends characterize the roof treatment. Square butt shingles face the
north gable end, and a wide belt course separates the upper and lower stories. Latticework vents are located below the
peaks of the gables. Windows are broadly proportioned, with slightly extended lintels and sills and upper sashes treated as
multi-light transoms in the more prominent openings. A shed-roofed dormer located on the north half of the far;;ade contains a
tripartite window set above a row of four rectangular, fixed lights and may once have been an open sleeping porch. Below it,
the front porch features heavy stone piers and a stone foundation, and is enclosed by non-original wrought iron railings.
Porch beams are carved to form flattened arches. The original entrance door is solid wood with three vertical lights topped
(See Continuation Sheet 3 of 4.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: _Building DStructure DObject DSite DDistrict -Element of District DOther
P5b. Photo: (view and date)
North and west elevations
August 2002
*P6. Date Constructed/Age and
Sources: -historic
1911/ Source: Pleasants, 1931.
*P7. Owner and Address:
Civic Center Barrio
1665 E. Fourth Street
Santa Ana, CA 92701
*P8. Recorded by:
Leslie J. Heumann, Peter C. Moruzzi
SAIC
35 S. Raymond Ave. # 204
Pasadena, CA 91105
*P9. Date Recorded:
September 18, 2002
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
Les, Kathleen. "Historic Resources Inventory, Southeast Quad", September 1979.
*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)
DPR 523A (1/95)
*Required information
25Bb6
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUilDING, STRUCTURE, AND OBJECT RECORD
Page ....L of ~ *NRHP Status Code 5S1
*Resource Name or #: Crose House
B1. Historic Name: Crose House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*85. Architectural Style: Bungalow/Craftsman
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1911.
March 5, 1940. Reroof
December to, 1948. Reshingle garage.
November 7, 1985. Repair garage, interior partition add bedroom hall.
June 18, 1993. Demolish detached garage.
January 3, 1994. Rebuild 3-car garage.
*87. Moved? _No DYes DUnknown Date:
*88. Related Features:
Original Location:
None.
B9a. Architect: Unknown
b. Builder: Unknown
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: 1873-1931 Property Type: Single-family Residence Applicable Criteria: B, C
(Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity)
The 1911 Crose House is architecturally significant as a representative example of a Craftsman house from the early years of
the twentieth century in Santa Ana and historically notable for its association with a prominent family of the period. Charles F.
and Nina Crose moved from Iowa to Santa Ana in 1910 because of Nina's ill health. According to Pleasants' biography of the
family, Mr, Close "erected a beautiful home at Cypress and Pine streets" upon his arrival. He also purchased a walnut grove
upon which his daughter and her husband settled. Mr. Crose soon became secretary of the Santa Ana Walnut Growers
Association and manager of its packing house. Mr. Crose was also connected with the Orange County Farmer's Mutual Fire
Insurance Company and was elected president of the State Mutual Insurance Association. Mr. Crose attained the Knight
Templar degree of the Masonic order, and was a member of the Nobles of the Mystic Shrine and the Independent Order of
Odd Fellows. Mrs. Nina Crose became active in philanthropic and social affairs, serving as president of the missionary society
of the Congregational Church, president of the Ebell Club of Santa Ana, and president of the County Federated Clubs, as well
as an officer of several other clubs and organizations (Pleasants, 1931).
(See Continuation Sheet 3 of 4.)
B 11. Additional Resource Attributes: (List attributes and codes)
*812. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
Sketch
Map
~ CYPRESS
..'
Crose House
301 S. Cypress Avenue
..,. ..,.
0~ ~e @:
'1 ~
l <I'
I )
... '" .
" "
i;l )0" '4 at
e c::
\,
03 ~@
- 0 'l
~e
....
(See Continuation Sheet 4 of 4.)
(This space reserved for official comments.)
B 13. Remarks:
*814. Evaluator: Leslie J. Heumann
*Date of Evaluation: September 18, 2002
DPR 5238 (1/95)
*Required information
25B~7
I
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET Trinomial
Page .....;L of....1..- Resource Name or # (Assigned by recorder)
*Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date September 18, 2002
Primary #
HRI#
Crose House
00 Continuation
o Update
*P3a. Description (continued):
by three small square lights. An unusual, two-sided bay window extends from the first floor north elevation adjacent to the
front porch. At the east end of this elevation, a secondary entrance features a cut stone foundation and trellised porch. The
south elevation is distinguished by an attached stone chimney with small, high windows on each side. A non-original metal
fence surrounds the property, which is landscaped with a front lawn and shrubs. The house appears to be substantially
original and is in good condition.
*810. Significance (continued):
Located southeast of downtown Santa Ana, the Eastside neighborhood is bounded by First Street on the north, McFadden
Avenue on the south, Standard Avenue on the east and Main Street on the west. Situated south of the tract purchased by
William Spurgeon in 1869 and recorded as original town of Santa Ana in 1870, the neighborhood's beginnings date to the
same period. In 1868, Nelson O. Stafford and Columbus Tustin, both from Petaluma, California, purchased 1359 acres of the
Rancho Santiago de Santa Ana south of what would become First Street. The following year, the two men split the property,
with Mr. Tustin obtaining 703 acres of the eastern portion upon which he founded the town of Tustin in 1870. Stafford's
western acreage, thereafter called the Stafford Tract, lay south of First Street, east of Main Street, and north of McFadden
Street, the area now known as Eastside. After selling a portion of this property, Nelson Stafford settled on his land in 1873,
building a large house for his young wife and their children. Stafford died in 1878, and his widow, Amanda, opened the
house to boarders, one of whom was Robert James Blee, formerly of Pennsylvania. In 1880, Blee bought 36 acres of land at
the corner of First and Main Streets from Mrs. Stafford, including the Stafford residence. Blee married Amanda Stafford in
1882.
Monroe David Halladay was another pioneer who made a significant contribution to the development of the Eastside
neighborhood. Halladay came from Michigan to Santa Ana in 1876 for health reasons and purchased 20 acres from Nelson
Stafford. Halladay built his first home in 1877 on East First Street, surveying and selling a few lots of his property but never
platting it. In 1887, Chestnut, Pine, and Walnut Streets were laid out on his land; then, in 1888, Halladay sold ten acres of
the property. On his remaining ten acres he grew raisins, walnuts, and apples. Also in 1888, Halladay built and occupied the
magnificent Stick/Eastlake (Late Victorian) house that still stands on the southwest corner of East Chestnut and Halladay
Streets.
An 1887 map of Santa Ana, drawn a year after Santa Ana's incorporation as a city, documents the early growth of the
neighborhood, with house-sized lots lining both sides of Cypress Street and the west side of Orange Avenue between First
and Chestnut Streets as well Walnut, Pine, and Chestnut Streets between Maple and Hickory Streets. The remainder of the
Eastside area was divided into large parcels owned by Blee, Halladay, his elder brother, banker Daniel Halladay, and others.
Maps drawn in 1898 and 1913 reveal that the neighborhood had expanded to south, with additional subdivisions along
Cypress and Orange platted during this period. As a result of this pattern of development, the northwestern section of the
neighborhood was improved with homes in the Victorian era Queen Anne and Eastlake styles. Colonial Revival turn-of-the-
century residences and later Craftsman bungalows followed in the southwest portion of the neighborhood. The southeastern
section of the neighborhood was the last portion to be subdivided and was initially developed in the 1920s, with the
Craftsman, Colonial Revival, Tudor Revival, and Spanish Colonial Revival styles predominating. Post World War"
construction consumed the remaining unimproved land. Despite unsympathetic infill, dating primarily to the last quarter of the
twentieth century, and inappropriate alterations, the Eastside neighborhood retains numerous intact examples of residences
from the significant period of its development which occurred between 1873, when Stafford built his house (no longer extant),
and 1931, when construction tapered off as a result of the Great Depression.
The Crose House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 1, as an intact and
representative example of the distinguishing characteristics of a Craftsman residence from the first decades of the twentieth
century, and under Criterion 4b, for its association with the Crose family. Additionally, the house has been categorized as
"Key" for its distinctive architectural style and quality. Characteristic Craftsman features include asymmetrical massing;
horizontal lines keynoted by the roof, siding, and window treatments; exposed structural elements such as carved knee
braces, exposed beams and rafter tails; incorporation of stone as a secondary material. Character-defining exterior features
of the Crose House that should be preserved include, but may not be limited to: sheathing (clapboard and shingles); roof
configuration; massing; windows; porch; bays; and architectural details such as carved knee braces, exposed beams and
rafter tails, and original front entrance door.
DPR 523L
25B~8
I
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page -1... of -1... Resource Name or # (Assigned by recorder) Crose House
*Recorded by Leslie J. Heumann, Peter C. Moruzzi, SAIC *Date September 18, 2002 l&J Continuation 0 Update
*812. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. 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.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Armor, Samuel, editor. Historv of Oranae County. California. Los Angeles: Historic Record Company, 1911.
WP.A. Research Project #3105, Oranae County California Bioaraphies. Santa Ana: Board of Education, 1937.
Pleasants, Mrs. J.E. Historv of Oranae County California. Bioaraphies. Vol. III, 1931.
Santa Ana City Directory 1910-11 and 1912-13.
DPR 523L
25S~9
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
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 ~61 03
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this December 19, 2005 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 Helen R. Brown, (hereinafter referred to as "Owner"), owner of real property
located at 301 South Cypress Street, Santa Ana, California, 92701 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 301
South Cypress Street, Santa Ana, CA, 92701 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. 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.
- 1 -
EX~I~1 0
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
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 December 19, 2005, 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 ofnonrenewal, the Owner may file a
written protest of City's decision ofnonrenewal. The City may, at any time prior to the annual
renewal date of the 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 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:
- 2 -
258-11
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
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 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.
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 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 hereto 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 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 alternations 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 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 determine the Owner 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.
- 3 -
258-12
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
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 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 determines 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 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 12) 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 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 provlSlons to cancel the Agreement as
referenced herein, the 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 the
Owner, the City shall give written notice to the Owner by registered or certified mail, and if such
a violation is not corrected to the reasonable satisfaction of the 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 terms of this Agreement
and may bring any action necessary to specifically enforce the obligations of the Owner growing
out of the terms 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
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258-13
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
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 301 South Cypress
Street, Assessor Parcel Number, 404-095-01, 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
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 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
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Owner:
Helen R. Brown
P.O. Box 1999
Tustin, CA 92781
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258-14
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, 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
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 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 restnctlOns
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.
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258-15
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
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.
14. Effective Date
This Agreement shall be effective on the day and year first written above.
15. Signatures.
ATTEST:
CITY OF SANTA ANA
PATRICIA E. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
Property Owner:
Date:
By:
Helen R. Brown
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
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258-16
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
Exhibit A
Parcel One:
Lots 1 and 2 in Block "F" of Blees Second Addition, in the City of Santa Ana, County of
Orange, State of California, as shown on a map recorded in Book 30, page 75 of
Miscellaneous Maps, in the office of the County Recorder of said County.
Except the South 41 feet of said Lot 2.
Assessor Parcel No. 404-095-01
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258-17
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
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
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 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
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258-18
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
size, scale, color, material and character of the property, neighborhood, or
environment.
lO. 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 ofthe structure would be unimpaired.
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258-19
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
Exhibit C (photographs attached)
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258-20
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
e Left side (north) elevation facing Pine Street
- 12 -
258-21
-;... "
-
MILLS ACT AGREEMENT
301 South Cypress Street
Santa Ana, CA 92701
o North elevation facing Pine Street
- 13 -
258-22
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258-23
258-24