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HomeMy WebLinkAboutMALDONADO, JAMES & ARGO, BRENT 1 - 2005 A-2005-273 V1\ MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder '"1111111111111111111111111111111111111111111111111/1111 11111111111111111' NO FEE 2005000989326 03:39pm 12/12/05 10651 A12 14 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 96103 HISTORIC PROPERTY PRESERVATION AGREEMENT N\ -II \~f \0f This agreement ("Agreement") is made and entered into this November 21, 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 Brent Argo and James Maldonado, (hereinafter referred to as "Owner"), owners of real property located at 2421 North Oakmont Avenue, Santa Ana, California, 92706 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 2421 North Oakmont Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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- MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter I, Part 5 of Division I 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 I 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 November 21, 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 (I) 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: - 2- MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 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 Proj ects. 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 frorn 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: Dernolition 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 fumish 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- MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 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 Yz) 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 proVISIOns 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 -4 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 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 2421 North Oakmont Avenue, Assessor Parcel Number, 003-091-19, 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 subj ect 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: Brent Argo and James Maldonado 2421 North Oakmont Avenue Santa Ana, CA 92706 - 5- MILLS ACT A GREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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 reslrictIons 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 provlSlons 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. - 6- MILLS ACT AGREEMENT 2421 North Oakmont Avenue 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. Notice ofthe 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 instrJIment executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST,',:' /' ~) , \, / J~<A~~N PATRICIA E. HEA'tY U Clerkofthe Council Date: BY.~~ Bren Argo Byf);';:!~ b L-- mes Maldonado Property Owners: Date: /61/1/0 ') APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Assist -7 - State of California County of Orange } SS. On IDIIl/OS . \n'~Esser before me, Ca.fFRi'A ~'le18Ha8iZ. Notary Public Date . Name and Title of Officer (e.g., "Jane Doe. Notary Public") personally appeared Brent Argo personally known to me 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. WITNESS my hand and official seal. ()M~ Ar ~ Signature { lary Pub u: P\ace Notary Seal Aoove State of California County of Orange On TY1u.-.~ , before me, CanReA )4:@leRQe7. Notary Public. Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared James Maldonado Nume(s)ofSigner<)l . A.EIIEIl CommlulM# 1404946 NoIary I'UIlIc . c_ Omnge County Ml'eomm.ExpRo Mar 11. 2007 o personally known to me i:8l 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. P1ace Nutury Seal Ahwe WITNESS my hand and official seal. ~. +:J~ MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 Exhibit A Lot 2, Block B of Tract No 378, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 16, Page 4, of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 003-0891-19 - 8- MILLS ACT AGREEMENT 2421 North Oakmont Avenue 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 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 - 9- MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 size, scale, color, rnaterial 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. -10 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 Exhibit C (photographs attached) -----.-. . -- ~ - --'-:'.' ":"'~......;.;;;:,;,,,-,......-,,';' - 11 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 -12 - 0- <C :E z o - .... <C (J o ...J o .... o :I: 0- W :::) Z W ~ .... z o :E ~ <C o :I: .... ~ o z ~ N ~ N o o It) ~ -.-.-.-.-.-.-.8.-.-1 . I- Z o ~ ~ ~ g 8 I I- a:: o z ~ w > ii: o M 1 . I . e 1 . 1 . 1 . 1 . 1 . 1 . . _I ------.-.---- tt' REQUEST FOR COUNCIL ACTION tm ~ CITY COUNCIL MEETING DATE: NOVEMBER 21. 2005 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-11 FOR THE PROPERTY LOCATED AT 2421 NORTH OAKMONT AVENUE CLERK OF COUNCIL USE ONLY: aA r2~. APPROVED o As Recommended o As Amended o Ordinance on 1" Reading o Ordinance on 2"' Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO -- FILE NUMBER A-2005-273 CITY MANAGER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and the Clerk of the Council to execute an agreement with Brent Argo and James Maldonado for the structure located at 2421 North Oakmont Avenue. 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 Brent Argo and James Maldonado for the structure located at 2421 North Oakmont Avenue at its November 3, 2005 meeting by a vote of 9:0. DISCUSSION After the public hearing on November 3, 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. HPP Agreement No. 2005-11 November 21, 2005 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $13.02 to $65.11 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: ~vino utlve Dlrector Planning & Building Agency '::{.\\s-.%~."".. ':' \\ ~:O"' Francisco Gutierrez Executive Director Finance & Management Services Age~~ HS:rb hS\historic info\mills act agreements\hppaOS-11-2421_N_Oakmont.cc REQUEST FOR Historic Resources Commission Action ~ ~ HSTORICRESOURCES COfA\ESIOI. MEEmIG DATE: NOVEMBER 3. 2005 HSTORIC RESOlRCESCONMSSIOI. SECRE'1'JlRf TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2005-11 FOR THE PROPERTY LOCATED AT 2421 NORTH OAKMONT AVENUE APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director ~ ~gtn-- Planning ana r ENDED 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 Brent Argo and James Maldonado for the structure located at 2421 North Oakmont Avenue. DISCUSSION Request of Applicant The applicants, Brent Argo and James Maldonado, request the approval of Historic Property Preservation Agreement No. 2005-11 (Mills Act) between the applicant and the City of Santa Ana. Property Description The subject property includes a single story residence and a detached two-car garage located at 2421 North Oakmont Avenue, and is within the Floral Park 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 HPPA No. 2005-11 November 3, 2005 Page 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 subj ect property was placed on the local register and categorized as Key in March 2004 by the Historic Resources Commission (Exhibi t 1). 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 Italian Renaissance 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\hppaOS-11-2421_N_oakmont.hrc EXECUTIVE SUMMARY R. R. ROSS HOUSE 2421 North Oakmont Avenue Santa Ana, CA 92706 NAME R. R. Ross House I REF. NO. ADDRESS 2421 NorthOakmontAvenue CITY Santa Ana ZIP 1 92706 I ORANGE COUNTY YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT 1 N/A NEIGHBORHOOD 1 Park Santiago CALIFORNIA REGISTER CRITERIA FOR EV ALVA TION 13 CALIFORNIA REGISTER STATUS CODE 15S3 Location: D Not for Publication ~ Uurestricted D Prehistoric ~ Historic D Both ARCHITECTURAL STYLE: Italian Renaissance (Late Nineteenth and Twentieth Century Revivals) The late nineteenth and twentieth century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was popular from the late nineteenth century until the 1930s. It was inspired by the designs of the palazzi of northern Italy and popularized by American architects McKim, Mead, and White. Utilized on public buildings and conunercial buildings, the vocabulary of the style also influenced the appearance of ornate homes. Characteristic features associated with the residential usage ofthe style generally include masonry or stucco exteriors; hipped tile roofs; pilasters, columns, quoins, and other classical details; and a balanced, often symmetrical appearance. Lower stories are generally emphasized through their proportions and fenestration. Arches are incorporated into the majority of the designs, often referring to Palladian precedents. SUMMARY/CONCLUSION: The R. R. Ross House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1. for its representation of the distinguishing characteristics of the Italian Renaissance Revival style. Additionally, the house has been categorized as "Key" because, as a relatively rare (in Santa Ana) example of an Italian Renaissance Revival style residence, it "has a distinctive architectural style and quality" (Mwricipal Code, Section 30-2.2). EXPLANATION OF CODES: . California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S3: A ears to be individuall e1i ib1e for loca1listin or desi nation throu surve evaluation. EXHIBIT 1 1014 Slate of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial N RH P Status Code Other Listings Review Code Reviewer Date Page -L of ..!L Resource name(s) or number (assigned by recorder) R. R. Ross House Pl. Other Identifier: 'P2. Location: DNot for Publication _Unrestricted 'a. County Orange County 'b. USGS 7.5' Quad Orange TCA 1725 Date: 'c. Address 2421 North Oakmont Avenue City Santa Ana Zip 92706 'e. Other Locational Data: Assessor's Parcel Number: 003-091-18; N TR 378 BLOCK: BLOT: 2 .P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This one-story residence suggests the influence of the italian Renaissance Revivai style. Finished in stucco, the building consists of two sections. a flat-roofed wing that projects on the north and a hipped roof wing that is recessed on the south. A shed-roofed entry links the two wings in the center. Red ciay tile covers the hipped and shed roof sections and edges the parapet of the flat roof. Three flat-headed windows with wrought iron balconets are evenly spaced across the faqade of the north wing. The south wing overiooks an open tenace, with two arched openings separated by a slender, engaged, spiraled coiumn. Facing south to the tenace, a Palladian window grouping pierces the south wall of the entry wing. A large, segmental arched doorway that probably was open originally is centered on the faqade. Extending north, a wing wall features an elaborately scrolled top and an arched opening. A stucco-clad chimney is attached to the south elevation. Other details include a pair of stringcourses that band the south wing. creating a blank frieze, and three tiled attic vents on the north wing. The "Hollywood driveway" on the south leads to a matching garage. Currently being re-Iandscaped, the property retains substantial design integrity. 'P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property 'P4. Resources Present: _Building DStructure DObject DSite DDistrict _Element of District DOther P5a. Photo P5b. Photo: (view and date) West elevation February 2004 'P6. Date Constructed/Age and Sources: _historic 1923/City of Santa Ana Building Permits 'P7. Owner and Address: Nichoias Mitchell 2421 Oakmont Avenue Santa Ana. CA 92706 'P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 'P9. Date Recorded: February 2. 2004 'Pl0. Survey Type: Intensive SUlvey Update 'Pl1. Report Citation: (Cite survey report and other sources, or enter "none') None. 'Attachments: DNone DLocation Map DSketch Map _Continuation Sheet _Building. Struclure, and Object Record DArchaeological Record DDistrict Record DUnear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) *Required in1onnatlon 2014 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page ~ of...L "CHR Status Code 5S3 "Resource Name or #: R. R. Ross House B1. Historic Name: R. R. Ross House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence "B5. Architectural Style: Italian Renaissance Revival "B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1923. September. 1923. Residence and garage. May 12,1931. Outbuilding. October 24, 1963. Remove wall to make dining room larger-interior alterations. "B7. Moved? .No [lYes [lUnknown Date: "B8. Related Features: Original Location: "Hollywood driveway" and garage. B9a. Arch itecl: Unknown b. Builder: Unknown "Bl0. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901-1954 Property Type: Single-family Residence Applicable Criteria: NR: C; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The R. R. Ross House is architecturally significant as a modest and relatively rare (in Santa Ana) example of the residential use of the Italian Renaissance Revival style. and as one of the first homes to be constructed on Oakmont A venue after it was opened in 1923. According to the building permit records, the house was built in 1923 at a cost of $5,000 for Raymond Ross. A salesman for the Pacific Roofing Company, Raymond Ross occupied the house with his wife, Cora, until at least 1935. (See Continuation Sheet 3 of 3.) 811. Additional Resource Attributes: (List attributes and codes) "B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) 813. Remarks: (This space reserved for official comments.) Sketch Map I -..-- , ,- ,"" , 0 ,,;, tV '~:..' CD f:D (I (!) (ir " , . "-:1 - ..:.. !e. r-. (ir $ :<0 @ @ ~~) <..!) : ~ ~ : " -\ \ R. R. Ross House 2421 North Oakmont Avenue 'B14. Evaluator: Leslie J. Heumann 'Date of Evaluation: February 2, 2004 CPR 5238 (1195) '"'Required information 30f4 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI # Trinomial Page ~ of~ "Recorded by Leslie J. Heumann, SAIC Resource Name or # (Assigned by recorder) R. R. Ross House "Date February 2. 2004 lEI Continuation D Update *810. Significance (continued): The R. R. Ross House is located in the Park Santiago neighborhood, near the present northem city limits of Santa Ana and substantially north of the original city core. 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 pattem 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 carpenters 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 (2. B. West, Jr.. 321 East Santa Clara Avenue), County Supervisor, First District (C. H. Chapman, 2315 North Santiago Street), County Surveyor (E. H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April 1 942, when the Sanbom 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 westem half displayed the simplified ranch style that emerged following Wortd War II. The R. R. Ross House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its representation of the distinguishing characteristics of the Italian Renaissance Revival style. Additionally, the house has been categorized as "Key" because, as a relatively rare (in Santa Ana) example of an Italian Renaissance Revival residence, It "has a distinctive architectural style and quality." The massing. hipped roof. Palladian windows, and detailing such as the spiraled column and stringcourses are the elements that identify the style of the house. Character-defining exterior features of the R. R. Ross House that should be preserved include. but may not be limited to: materials (stucco); roof configuration and detailing; massing; original windows and doors; terrace; architectural details (such as the attic vents, wing wall, column, and stringcourses); "Hollywood driveway;" and garage. *812. References (continued): Harris. 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, Nationai Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources.' Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1905-1935. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. DPR 523L 4014 MILLS ACT AGREEMENT 2421 North Oakmont Avenue 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 ~61 03 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this December 5, 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 Brent Argo and James Maldonado, (hereinafter referred to as "Owner"), owners of real property located at 2421 North Oakmont Avenue, Santa Ana, California, 92706 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 2421 North Oakmont Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. 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- EXHIBIT 2 MILLS ACT AGREEMENT 2421 North Oakmont Avenue 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 December 5, 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 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: - 2- MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 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, rnaterials, 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 ofthe 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 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 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 Yz) 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 Agreernent 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 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 -4 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 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 2421 North Oakmont Avenue, Assessor Parcel Number, 003-091-19, 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 ofthe 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: Brent Argo and James Maldonado 2421 North Oakmont Avenue Santa Ana, CA 92706 - 5 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, 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. - 6- MILLS ACT AGREEMENT 2421 North Oakmont Avenue 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. Notice ofthe 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 of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded inslr1rment 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 PATRICIAE. HEALY Clerk of the Council DAVID N. REAM City Manager Property Owners: Date: By: Brent Argo Date: By: James Maldonado APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 Exhibit A Lot 2, Block B of Tract No 378, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 16, Page 4, of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 003-0891-19 - 8- MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Cornmission 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 -9 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue 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. -10- - - ~~-.:::'-:;.:.~ MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 Exhibit C (photographs attached) -~~;,'z;;.,!.. "..~ - 11 - MILLS ACT AGREEMENT 2421 North Oakmont Avenue Santa Ana, CA 92706 -12 - c.. <C :IE z o - I- <C o o ..J o I- o :I: c.. W ::J Z W ~ I- Z o :IE ~ <C o :I: l- e::: o z ~ N 'll:t N o o LO ..- -'-'-'-'-'---'8'---1 . I- Z o ~ ~ ~ ~ 8 I I- 0:: o z M ~ > ~ Cl 1 . 1 . e I . 1 . 1 . I . 1 . 1 . ._1 .-.-------.-. t ,