HomeMy WebLinkAbout25C - HPPA NO 2006-04
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
NOVEMBER 20, 2006
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2006-04 FOR THE
PROPERTY LOCATED AT 1916 NORTH
FLOWER STREET
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
f~~~
c:..--" CITY MA E R
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 Wallace Heli
Cunningham, property owner, for the structure located at 1916 North
Flower 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 Wallace Heli Cunningham, property owner, for the structure
located at 1916 North Flower Street at its October 5, 2006 meeting by a
vote of 8:0 (Seeley absent).
DISCUSSION
After the public hearing on October 5, 2006, 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.
25C-1
HPP Agreement No. 2006-04
November 20, 2006
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $146.15 to $730.74 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
~=-"'~, '>\.~ ,:> \...~"
Francisco Gutierrez
Executive Director
Finance & Management Services Agency_/~
Jay M. Trevino
E utive Director
Planning & Building Agency
HS:rb
hs\historic info\mills act agreements\1916_N_Flower\hppa06-04.cc
25C-2
REQUEST FOR
Historic Resources Commission Action
HSTORIC RESOURCES COPIMSSION I\EETtJG DATE:
OCTOBER 5, 2006
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2006-04 FOR THE PROPERTY
LOCATED AT 1916 NORTH FLOWER STREET
HISTORIC RESOURCES COMMISSION SECRETARY
APPROVED
o As Recommended
o As Amended
o Set Public Hearing For
CONTINUED TO
Prepared by Hally Soboleske
~:tive Director
l~~_
Planning Man er
RECOMMENDED ACTION
Recommend
authorize
agreement
structure
that the City Council direct the City Attorney to prepare and
the City Manager and the Clerk of the Council to execute an
with Wallace Heli Cunningham, property owner, for the
located at 1916 North Flower Street.
DISCUSSION
Request of Applicants
The applicant, Wallace Heli Cunningham, property owner,
approval of Historic Property Preservation Agreement No.
Act) between the property owner and the City of Santa Ana.
requests the
2006-04 (Mills
Property Description
The subj ect property includes a one-story residence and a detached,
single-car garage located at 1916 North Flower Street. The property is
within the West Floral Park neighborhood and the 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. 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
25C-3
HPPA No. 2006-04
October 51 2006
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 subject property was placed on the local register and
categorized as Contributive in September 2006 by the Historic Resources
Commission (Exhibit 1)
Upon consideration of the applicationl it is recommended that the City
enter into a Historic Property Preservation Agreement (Exhibit 2). A
review of the property indicates that this Colonial Revival styled
structure is in excellent condition. As a resultl 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
includel but are not limited tOI 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 Actl the
recommended action is exempt from further review. A Notice of Exemption
will be filed for this project.
HS:jm
hs\historic info\mills act agreements\1916_N_Flower\hppa06-04.hrc
~~
Associate Planner
25C-4
EXECUTIVE SUMMARY
LEWIS HOUSE
1916 North Flower Street
Santa Ana, CA 92706
NAME Lewis House I REF. NO.
ADDRESS 1916 North Flower Street
CITY Santa Ana ZIP I 92706 1 ORANGE COUNTY
YEAR BUILT 1935 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT IN/A NEIGHBORHOOD I West Floral Park
CALIFORNIA REGISTER CRITERIA FOR EV ALVA TION 13 CALIFORNIA REGISTER STATUS CODE I 5S1
Location: D Not for Publication
i:8J Umestricted
D Prehistoric
i:8J Historic
D Both
ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival
The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival
vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include
curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by
large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between
1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama-
California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily
recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof
coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry,
balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements.
SUMMARY/CONCLUSION:
The Lewis House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the
distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive"
because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish Colonial Revival style,
"is a good example of period architecture" (Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
· California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7,
"How to Nominate Resources to the California Register of Historical Resources," September 4,2001.)
3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the
work of a master, or possesses high artistic values.
· California Register Status Code: (From California Office of Historic Preservation, December 8,2003.)
5S1: Individual property that is listed or designated locally.
E~~~~5
Primary #
HRI#
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page -L of ~ Resource name(s) or number (assigned by recorder) Lewis House
P1. Other Identifier:
*P2. Location: DNot for Publication -Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA1667 Date:
*c. Address 1916 North Flower Street City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number 399-051-09
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
An example of the Spanish Colonial Revival style, this one-story, stucco-clad residence is T-shaped in plan, with a projecting,
front-gabled wing dominating the northern half of the fayade. A side-gabled wing extends to the south and terminates in a
porte cochere. Large, segmental arches span the driveway. The tiled roof has a shallow pitch, with short, rounded eaves in
the gable ends and rafters exposed along the sides. The front gable features rakes of unequal lengths that are ornamented
with a scalloped bargeboard. Centered beneath the peak of the gable, a triangular attic vent is composed of semicircular
tiles. A large, flat-headed, fixed sash window with deep reveals sits below the vent. Sheltered under the southern end of the
front gable, the entryway is deeply recessed behind round-headed archways that face east to the street and south to a low-
walled patio. Two windows, one a double-hung sash, the other a fixed sash, overlook the patio and are flanked by shutters.
Both windows are
(See Continuation Sheet 3 of 4.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: -Building DStructure o Object DSite o District DElement of District DOther
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
P5b. Photo: (view and date)
Southeast elevation
July 2006
*P6. Date Constructed/Age and
Sources: -historic
1935/City of Santa Ana Building
Permits
*P7. Owner and Address:
Wallace Heli Cunningham
1916 North Flower Street
Santa Ana, CA 92706-2522
*P8. Recorded by:
L. Heumann and D. Howell-Ardila
Sapphos Environmental, Inc.
133 Martin Alley
Pasadena, California 91105
*P9. Date Recorded:
July 27, 2006
*P10. Survey Type:
Intensive Survey Update
*Attachments: DNone DLocation Map DSketch Map -Continuation Sheet -Building, Structure, and Object Record
DArchaeological Record DDistrict Record DLinear Feature Record DMilling Station Record o Rock Art Record
DArtifact Record DPhotograph Record 0 Other (list)
DPR 523A (1/95)
25e~65
"Required information
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page ~ of ~ *CHR Status Code 5S1
*Resource Name or #: Lewis House
B1. Historic Name: Lewis House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*85. Architectural Style: Spanish Colonial Revival
*86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1935
October 1, 1935. Residence and garage.
September 6, 1945. Reroof.
January 30, 1989. Reroof with tear-off.
February 24, 1989. Patio cover, sliding glass door to French doors, air conditioning.
*87. Moved? -No eVes eUnknown Date: Original Location:
*88. Related Features:
Garage.
B9a. Architect: Unknown
b. Builder: Unknown
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1895-1965 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 Lewis House is architecturally significant as an intact and representative example of the Spanish Colonial Revival style in the
1930s in Santa Ana. The first owner of the house was Wilford G. Lewis, who obtained a building permit in 1935 for a residence and
garage with an estimated value of $7,000. Lewis, a rancher with a farm just outside of Huntington Beach, lived in the house with his
wife Elizabeth from 1935 to 1939. The house was sold in 1939 to Annie C. Charlton, who remained at this address through the
1940s; city directories do not indicate an occupation for Mrs. Charlton. City directories and a chain of title provided by the current
(2006) owner indicate that the house had a number of different owners in subsequent decades.
(See Continuation Sheet 3 of 4.)
B11. 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
(See Continuation Sheet 3 of 4.)
B13. Remarks:
Sketch Map
1.10
'iJlTlET'H
SmEET t
...
i
'll
*814. Evaluator: Leslie J. Heumann
*Date of Evaluation: July 27, 2006
.. l.l ~ ~ ....~ ..'
j K0 e e~ ~
: ~
.4U'''"
~- FIIST STfiffT ~
1916 N. Flower St.
099-051-09
~
....... -'
(This space reserved for official comments.)
"i
~;
DPR 5238 (1/95)
"Required information
25e~15
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page L of ~ Resource Name or # (Assigned by recorder) Lewis House
"Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date July 27, 2006 00 Continuation 0 Update
*P3a. Description (continued):
flanked by wooden shutters. Brick caps the patio wall, and trims the sill of the large picture window. A stucco covered
chimney is attached to the north elevation; a second, interior chimney straddles the ridgeline of the side gable. In the
southwest corner of the property, a garage with a second story appears to date from the same period as the house.
Alterations to the property do not compromise the integrity of the house, and include the additions of a stucco garden wall with
brick coping and wrought iron trim, and wrought iron gates at the entry and porte cochere.
*810. Significance (continued):
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as
Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of
Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection
as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods
developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with
cultivated fields and orchards dotted with widely scattered farmhouses.
Since the second half of the twentieth century, the neighborhood in which the Lewis House is located has been known as
West Floral Park. Located northwest of the historic core of Santa Ana, this residential neighborhood is bounded by Santiago
Creek on the north, West Seventeenth Street on the south, North Flower Street on the east, and North Bristol Street on the
west. Prior to World War II, the area was agricultural, divided into a few large landholdings devoted primarily to the cultivation
of oranges, walnuts, and apricots. Traces of this early era remain in the form of two original farmhouses (1911 Westwood
Street and 2402 North Flower Street) and in a few large parcels along Flower Street. During the 1920s and 1930s, a handful
of houses were erected on Baker, Bristol, and Flower Streets, and two municipal facilities, the City Water Works pumping
plants and the City/County Animal Shelter, were built at 2315 and 2321 North Bristol Street.
West Floral Park acquired its current identity as a neighborhood of expansive, California Ranch Style houses in the years
following 1947. Development started slowly, with around two dozen homes being built on Baker, Olive, Towner, and
Westwood Streets between 1947 and 1950. Construction boomed during the 1950s and 1960s. One builder in particular
has come to be associated with West Floral Park: Roy Rodney Russell. The son of Roy Roscoe Russell, who developed
much of Victoria A venue in Floral Park, Roy Rodney Russell formed a partnership with his father in 1945; the partnership was
called Roy Russell and Son, Builders. They began building homes on speculation, usually around fifteen or twenty each
year. Following the death of his father in 1965, Roy Rodney Russell continued to build, mostly custom homes and many of
them in West Floral Park. He retired in 1993.
Flower Street itself ended at Seventeenth Street during the agricultural period. North of Santa Clara, Hannah Street (also
spelled "Hanna'? was renamed Flower between 1912 and 1915. Sometime later, the north and south sections of Flower were
joined, but the area between Seventeenth and Santa Clara remained agricultural. By 1929, according to the city directories,
there were nine houses on the west side of Flower north of Santa Clara in the Fisher Park neighborhood (the 2600 and 2700
blocks), and only one (2330) in West Floral Park. By 1931, five houses had been constructed on Flower south of Santa Clara
on this street of orange and walnut orchards.
The Lewis House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification
of the distinguishing characteristics of the Spanish Colonial Revival style. Typical features of this style illustrated by the
house include its tiled roof with low pitch and shallow eaves; asymmetrical massing; decorative use of brick and wood,
smooth plaster finish and lack of ornamentation; and arched openings. Additionally, the house has been categorized as
"Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an example of the Spanish
Colonial Revival style, ''is a good example of periOd architecture." Character-defining exterior features of the Lewis House
that should be preserved include, but may not be limited to, materials and finishes (stucco, wood, brick); roof configuration
and detailing; original windows and doors where extant; chimneys; porte cochere; architectural details such as the attic vents
and bargeboards.
*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.
DPR 523L
25e~85
State of California - The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page ~ of ~ Resource Name or # (Assigned by recorder) Lewis House
"Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date July 27, 2006 00 Continuation 0 Update
(See Continuation Sheet 4 of 4.)
*812. References (continued):
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. Historv of Oranoe Countv. Los Angeles: History Record Company, 1921.
Franklin, Don. "NW Santa Ana History: Roy Russell & Son, Builders." Unsourced article from the Santa Ana History Room
Historic House File, circa 1995.
Cynthia Ward, Anaheim, CA. May-June 2006. "Lewis House Primary Record and Building, Structure and Object Record."
Santa Ana and Orange County Directories, 1935-1954.
DPR 523L
25e~95
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE ~61 03
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this October 16, 2006 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 Wallace Heli Cunningham, (hereinafter referred to as "Owners"), owners of
real property located at 1916 North Flower Street, 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 1916
North Flower Street, Santa Ana, CA, 92706 and more particularly described in
Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter
referred to as the "Historic Property".
C. The Historic Property is officially designated on the Santa Ana Register of
Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana
Municipal Code.
D. 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 -
25CP11PIT 2
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
E. The Owner and the City intend to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section
50280 et seq., which will enable the Historic Property to qualify for an assessment
of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et
seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property
agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on October 16, 2006, and shall remain
in effect for a term often (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
nomenewa1 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 nomenewa1 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 ofnomenewa1, the Owner may file a
written protest of City's decision of nomenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner ofnomenewal.
d. If either the Owner or the City serves notice to the other of nomenewa1 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 ofthe 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 -
25C-11
MILLS ACT AGREEMENT
1916 North Flower Street
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 ofthe 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 -
25C-12
MILLS ACT AGREEMENT
1916 North Flower Street
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 Y2) 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
- 4 -
25C-13
MILLS ACT AGREEMENT
1916 North Flower Street
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 1916 North Flower
Street, Assessor Parcel Number, 399-051-09, 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:
Wallace Heli Cunningham
1916 North Flower Street
Santa Ana, CA 92706
- 5 -
25C-14
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed
to create a partnership between the parties hereto and any of their heirs, successors, or assigns,
nor shall such terms, provisions or conditions cause them to be considered joint ventures or
members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and
appointed officials, officers, agents, and employees harmless from liability for damage or claims
for damage for personal injuries, including death, and claims for property damage which may
arise from the direct or indirect use or operations of the Owner or those of his or her contractor,
subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the
use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall
defend the City and its elected and appointed officials, officers, agents, and employees with
respect to any and all actions for damages caused by, or alleged to have been caused by, reason
ofthe Owner's activities in connection with the Historic Property.
c. This hold harmless provision applies to all damages and claims for damages
suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the
operations referred to in this Agreement regardless of whether or not the City prepared, supplied,
or approved the plans, specifications or other documents for the Historic Property.
d. All of the Agreements, rights, covenants, reservations, and restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation oflaw on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the 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 -
25C-15
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the
City shall cause this Agreement to be recorded in the office of the County Recorder of the
County of Orange.
12. 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 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
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
PATRICIAE. HEALY
Clerk of the Council
DAVID N. REAM
City Manager
PROPERTY OWNERS
Date:
By:
Wallace Heli Cunningham
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
- 7 -
25C-16
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
Exhibit A
Lot 67 and the South 12 feet of Lot 68 of Tract 748, in the City of Santa Ana, County of
Orange, State of California, as per map recorded in Book 30, Page(s) 9, inclusive, of
Miscellaneous Maps, in the Office of the County Recorder of said County.
Assessor Parcel No. 399-051-09
- 8 -
25C-17
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
Exhibit B
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property
which requires minimal alteration of the building, structure, or site and its
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 -
25C-18
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
size, scale, color, material and character of the property, neighborhood, or
environment.
10. Wherever possible, new additions or alterations to structures shall be done in such
a manner that if such additions or alterations need to be removed in the future, the
essential form and integrity of the structure would be unimpaired.
- 10-
25C-19
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
Exhibit C
(photographs attached)
- 11 -
25C-20
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
- 12 -
25C-21
MILLS ACT AGREEMENT
1916 North Flower Street
Santa Ana, CA 92706
- 13 -
25C-22
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