HomeMy WebLinkAbout25B - HPPA 2415 N POINSIETTAREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 1, 2007
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-05 FOR THE
PROPERTY LOCATED AT 2415 NORTH
POINSETTIA STREET
(~
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 151 Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Direct the City Attorney to prepare and authorize the City Manager and
the Clerk of the Council to execute an agreement with Mark Rothenberg and
Lauren Tarkow for the structure located at 2415 North Riverside Drive.
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 Mark Rothenberg and Lauren Tarkow for the structure
located at 2415 North Riverside Drive at its September 6, 2007 meeting by
a vote of 6:0 (Dickman, Mill, Schaefer absent).
DISCUSSION
After the public hearing on September 6, 2007, 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.
25B-1
HPP Agreement No. 2007-05
October 1, 2007
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $36.05 to $180.27 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
yr~~
Ja M. Trevino .~rancisco Gutierrez
Executive Director `b Executive Director
Planning & Building Agency Finance & Management Services Agency~~
HS:rb
hs\historic info\mills act agreements\hppa07-O5-2415_N_POinsettia.cc
25B-2
REQUEST FOR
Historic Resouroes Commission Action
HsroRic ~ n~Err~c o,~TE:
SEPTEMBER 6, 2007
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2007-05 FOR THE PROPERTY
LOCATED AT 2415 NORTH POINSETTIA STREET
Prepared by Hally Soboleske
f`nsrowc RESOUIRCES conoN SECRETARY
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
CONTINUED TO
~~~
Executive Director Planning Mana er
RECOMMENDED ACTION
Recommend that the City Council direct the City Attorney to prepare and
authorize the City Manager and the Clerk of the Council to execute an
agreement with Mark Rothenberg and Lauren Tarkow for the structure
located at 2415 North Riverside Drive.
DISCUSSION
Request of Applicant
The applicants, Mark Rothenberg and Lauren Tarkow, request the approval
of Historic Property Preservation Agreement No. 2007-05 (Mills Act)
between themselves and the City of Santa Ana.
Property Description
The subject property includes a single-story Spanish Colonial Revival
residence and a detached garage located at 2415 North Poinsettia Street,
in the Park Santiago 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.
~~'-3
HPPA No. 2007-05
September 6, 2007
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 February 2007 by the Historic Resources
Commission (Exhibit 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 Spanish Colonial Revival
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.
( -~
Ha ly S oleske Serg'o K o z, AICP
Associa e Planner Sen' r P ann r
HS j m
hs\historic info\mills act agreements\hppa07-OS-2415 N Poinsettia.hrc
25B-4
EXECUTIVE SUMMARY
DIXON HOUSE
2415 N. Poinsettia Street
Santa Ana, CA 92706
NAME Dixon House REF. NO.
ADDRESS 2415 N. Poinsettia Street
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Park Santiago
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1
Location: ^ Not for Publication ®Unrestricted
^ Prehistoric ®Historic ^ 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 the 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 Dixon 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.)
SSl: Individual property that is listed or designated locally.
EXHIBIT 1
2~~'~ 4
State of California-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PRIMARY RECORD
Other Listings
Review Code
of 3 Resource name(s) or number (assigned by recorder) Dixon House
Date
P1. Other Identifier:
*P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County
*b. USGS 7.5' Quad Date:
*c. Address 2415 N. Poinsettia Street City Santa Ana Zip 92706
*e. Other Locational Data: Assessor's Parcel Number Block: Lot:
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
This one-story stucco-clad house displays signature features of the Spanish Colonial Revival style. Rectangular in plan, the
house is primarily side-gabled, framed by two unevenly sized front gables that top wings projecting from either end of the
facade. Clay tiles cover the gables and provide a parapet coping for the rear, flat-roofed section of the building. Between the
two wings, a central patio is enclosed by a low stucco wall whose design incorporates Mission Revival inspired arches.
Curvilinear buttresses accent the corners of the wings. The entry is located within asouth-facing archway, opening onto the
patio from the north wing. Canvas awnings shade the patio south of the entry and the large, arched windows centered on the
facades of each projecting wing. Windows are primarily multi-paned casements in type. Attic vents formed of clusters of clay
pipes project from the exterior walls above the windows. Additional awnings top windows on the south elevation; a stuccoed
chimney rises up the north elevation. Approached by a cement pathway that bisects a front lawn punctuated by two mature
frees, the house is substantially unaltered and is in good condition. The property also includes a rear, one-story, stucco-
covered garage whose flat roof features a the-edged parapet.
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property
*P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other
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P5b. Photo: (view and date)
West elevation
January 2007
*P6. Date Constructed/Age and
Sources: ^historic
1927/City of Santa Ana Building
Permits
*P7. Owner and Address:
*P8. Recorded by:
L. Neumann and D. Howell-Ardila
Sapphos Environmental, Inc.
133 Martin Alley
Pasadena, California 91105
*P9. Date Recorded:
January 25, 2007
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
None.
*Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record
^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record
^Artifact Record ^Photograph Record ^ Other (list)
Primary #.
HRI #
Trinomial
NRHP Status Code
Reviewer
DPR 523A (1/95) ~ ~~2 q~4 *Required information
State of California-The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 3 *CHR Status Code 5S1
*Resource Name or #: Dixon House
B1. Historic Name: Dixon House
B2. Common Name: Same
63. Original Use: Single-family Residence 64. Present Use: Single-family Residence
*65. Architectural Style: Mission/Spanish Colonial Revival
*66. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1927
April 23, 1927. Residence and garage.
October 25, 1927. Shed.
December 10, 1948. Reroof.
June 15, 1949. Termite work and August 6, 1949. Repair termite damage to storage.
October 19, 1983. Reroof with composition shingles.
May 19, 1995. Partial reroof single family dwelling only-remove existing cap sheet and apply new cap sheet to flat area only
*B7. Moved? ^No DYes Unknown Date: Original Location:
*B8. Related Features:
Garage.
69a. Architect: Unknown
b. Builder: Honer, Herzig, and Farney
*B10. 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 Dixon House is architecturally notable as an intact and representative example of the Spanish Colonial Revival style and
is of historic interest as one of several homes in the Park Santiago neighborhood developed by the team of (Allison) Honer,
(Norman) Herzig and (first name unknown) Farney. The house and garage, valued at $8,000 on fhe building permit, were built
in 1927, at which time only four residences had been constructed on the block. When the house first appeared in the city
directories in 1928, the residents were Frederick A. Dixon, vice-president and manager of the Standard American Glass
Company, and his wife, Mary. The Dixons were succeeded in 1931 by Harry E. Welsh, a salesman for the Edison Company,
and his wife, Eleanor, and in 1932 by Charles L. Davis, a real estate salesman, and his wife, Ocia. Beginning in 1934 and
continuing until at least 1947, the house was the address of Abe Swindle, a clerk for the L. G. Holman company, and his wife,
Virginia.
(See Continuation Sheet 3 of 3.)
611. Additional Resource Attributes: (List attributes and
*B12. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
Sketch Map
(See Continuation Sheet 3 of 3.)
B13. Remarks:
*B14. Evaluator: Leslie J. Neumann
*Date of Evaluation: January 25, 2006
(This space reserved for official comments.)
DPR 5238 (1/95)
*Required information
Page 3 of 4
25B-7
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 3 Resource Name or # (Assigned by recorder) Dixon House
*Recorded by Leslie J. Heumann and Deborah Howen-,4rdua ~uate July zi, zvub u t,onnnuanon u upaaie
*B10. 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.
The Dixon House is located in the Park Santiago neighborhood, near the present northern 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 pan; 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 of 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 "ranche-" or `Yruit grower" as their occupation in the city directories. This pattern of land use
was evident on the 1912 plat map of the City, which illustrated two small, Craftsman-era subdivisions along Bush north of
Santa Clara and on Valencia and Poinsettia south of Twentieth Street, with the remaining area divided info larger agricultural
parcels held by approximately forty landowners.
While the area east of Santiago Street was not subdivided unfit after the mid-1920s, most of the present day streets west of
Santiago had been laid out when the Cify 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 Cify and county officials, including the City Attorney (Z.B. West, Jr.,
321 East Santa Clara Avenue), County Supervisor, First District (C.H. Chapman, 2315 North Santiago Street), County
Surveyor (E.H. Irwin, 2407 North Santiago Street), and County Auditor (William C. Jerome, 2422 Poinsettia Street). By April
1942, when the Sanborn Company first mapped the western half of the area, most of the lots had been improved with single-
familyhomes, many in the revival styles popular during the 1920s and 1930s. Subsequent development of the eastern half of
the neighborhood and infill construction in the western half displayed the simplified ranch style that emerged following World
War 11.
The Dixon 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 materials of the and stucco, casement windows, use of arches, and incorporation of a patio into the plan.
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 Dixon House that should be preserved include, but may not be limited to, materials and
finishes (stucco, tile); roof confrgurafion and detailing; original windows and doors where extant; chimney; patio, architectural
details such as the buttresses and attic vents; and garage.
"B12. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. `How to Complete the National Register Registration Form." Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. `Instructions for Recording Historical Resources."Sacramento: March 1995.
Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
Orange County Plaf Maps, 1912.
Historic Maps, Santa Ana History Room, 1923, 1932, 1955.
Santa Ana and Orange County Directories, 1926-1961.
DPR 523E ~ ~ ~ag~4 of 4
MILLS ACT AGREEMENT
2415 North Poinsettia Street
Santa Ana, CA 92706
RECORDING REQUESTED BY:
City of Santa Ana
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Attn: City Clerk
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
FREE RECORDING GOVERNMENT CODE §6103
HISTORIC PROPERTY PRESERVATION AGREEMENT
This agreement ("Agreement") is made and entered into this October 1, 2007 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 Mark Rothenberg and Lauren Tarkow, (hereinafter referred to as "Owners"),
owner of real property located at 2415 North Poinsettia 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 2415
North Poinsettia 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.
EXHIBIT 2
-i-
25B-9
MILLS ACT AGREEMENT
2415 North Poinsettia 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 1, 2007, 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 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:
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256-10
MILLS ACT AGREEMENT
241 S North Poinsettia 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 of the appearance of the exterior to the satisfaction of the City.
b. All changes to the Historic Property shall comply with applicable City plans and
regulations, and conform to the rules and regulations of the Office of Historic Preservation of the
State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards and Guidelines for Historic Preservation Projects. These guidelines are attached
hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the
exterior of the property, as of the effective date of this Agreement, is documented in photographs
attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually
maintain the Historic Property in the same or better condition as documented in Exhibit C.
c. A view corridor enabling the general public to see the Historic Property from the
public right-of--way shall be maintained, and Owner shall not be permitted to block the view
corridor to the property with any new structure, such as walls, fences or shrubbery, so as to
prevent the viewing of the historic landmark by the public.
d. The following are prohibited: Demolition of the Historic Property or destruction
ofcharacter-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.
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256-11
MILLS ACT AGREEMENT
241 S North Poinsettia 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 %2) percent by Government Code Section 50286) of the current fair market value of the
property at the time of the cancellation, as determined by the county assessor, without regard to
any restriction imposed pursuant to this Agreement.
b. If the 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 maybe 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 maybe 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
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256-12
MILLS ACT AGREEMENT
2415 North Poinsettia Street
Santa Ana, CA 92706
provided for in this Agreement or in the City's regulations governing historic properties are
available to the City to pursue in the event that there is a breach of this Agreement. No waiver by
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 2415 North
Poinsettia Street, Assessor Parcel Number, 003-081-15, 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: Mark Rothenberg and Lauren Tarkow
2415 North Poinsettia Street
Santa Ana, CA 92706
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256-13
MILLS ACT AGREEMENT
241 S North Poinsettia 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
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 restrictions
contained in this Agreement shall be binding upon and shall inure to the benefit of the parties
herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the Historic Property, whether by operation of law on in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or
restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the prevailing party in such proceeding
may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and
other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be
unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive
legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall
not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of
the State of California.
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MILLS ACT AGREEMENT
2415 North Poinsettia 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:
PATRICIA E. HEALY
Clerk of the Council
Owners:
Date:
Date:
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Mark Rothenberg
By:
Lauren Tarkow
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256-15
MILLS ACT AGREEMENT
2415 North Poinsettia Street
Santa Ana, CA 92706
Exhibit A
LOT 11 BLOCK A OF TRACT NO. 359, IN THE CITY OF SANTA ANA, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15, PAGE(S)
21, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
Assessor Parcel No. 003-081-15
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25B-16
MILLS ACT AGREEMENT
241 S North Poinsettia 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
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256-17
MILLS ACT AGREEMENT
241 S North Poinsettia 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.
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25B-18
Exhibit C (photographs attached)
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256-19
MILLS ACT AGREEMENT
241 S North Poinsettia Street
Santa Ana, CA 92706
MILLS ACT AGREEMENT
241 S North Poinsettia Street
Santa Ana, CA 92706
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256-20
MILLS ACT AGREEMENT
241 S North Poinsettia Street
Santa Ana, CA 92706
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256-21
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