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HomeMy WebLinkAbout25A - HPPA 1121 S VAN NESSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 3, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-30 FOR THE PROPERTY LOCATED AT 1121 SOUTH VAN NESS 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 Authorize the City Manager and Clerk of the Council to execute the attached agreement with Michael R. Martinez, Rocio Rendon and Roberta Rendon for the structure located at 1121 South Van Ness Street, subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION Recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Michael R. Martinez, Rocio Rendon and Roberta Rendon for the structure at 1121 South Van Ness Street, subject to non-substantive changes approved by the City Manager and City Attorney at its February 7, 2008 meeting by a vote of 8:0 (Bustamante absent). DISCUSSION After the public hearing on February 7, 2008, 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. 25A-1 HPP Agreement No. 2007-30 March 3, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $111.87 to $559.33 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: v ~ J y M. Trevino Executive Director Planning & Building Agency Gt , /~ 1~~,_Francisco Gutierrez U Executive Director Finance & Management Services Agency /,~/ HS:rb hs\historic info\mills act agreements\1121 S VanNess\hppa07-30.cc 25A-2 REQUEST FOR Historic Resources Commission Action I~ISTOwc ~ n+~rwc o~-TE: FEBRUARY 7, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2007-30 FOR THE PROPERTY LOCATED AT 1121 SOUTH VAN NESS AVENUE I~sTOwc ~sou~s vonnnn~sloni sECx~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske Executive Director Planning Mana r RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Michael R. Martinez, Rocio Rendon and Roberta Rendon, for the structure located at 1121 South Van Ness Street, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, Michael R. Martinez, Rocio Rendon and Roberta Rendon, request the approval of Historic Property Preservation Agreement No. 2007-30 (Mills Act) between the property owners and the City of Santa Ana. Property Description The subject property includes a one-story Tudor Revival styled residence and a detached garage located at 1121 South Van Ness Avenue. The property is within the Wilshire Square neighborhood and the surrounding land uses are residential (Exhibit 1). 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 EXHIBIT A 25A-3 HPPA No. 2007-30 February 7, 2008 Page 2 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. 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 August 2007 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3) 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. 2 5A-4 HPPA No. 2007-30 February 7, 2008 Page 3 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. (7v Hally So leske Associate Planner HS:jm hs\historic info\mills act agreements\1121_S_VanNess\hppa07-30.hrc 25A-5 f 917 ~ 918 919 913 91p 915 g~ a ~n ~ 928 A h A MC FADDEN AY ~ ~ 1111 y~ Z Iii 1137 1111 1115 ~R 4 ;~ y 919 __ 918 911 926 F- h Z RUSSELL A 1?Q2 1286 1213 1213 500' RADIUS 2211 HPPA-2007-30 1121 South Van Ness Avenue PLANNING AND BUILDING AGENCY E 25~ 16 92Q EXECUTIVE SUMMARY WOODFILL HOUSE 1121 S. Van Ness Street Santa Ana, CA 92707 NAME Woodfill House REF. NO. ADDRESS 1121 S. Van Ness Street CITY Santa Ana ZIP 92707 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Wilshire Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: English Revival A simplification of the Tudor Revival, which reached its height of popularity during the 1920s and 1930s, the English Revival drew upon the English country house for its inspiration. English Revival homes usually feature stucco walls and gable roofs of steep but not exaggerated pitch. A characteristic roof treatment incorporates uneven rakes, with one side of a gable extending a greater distance than the other, sometimes changing the angle of slope in the process. Arches maybe used for windows and doors, and, unlike their Tudor cousins, are rounded rather than pointed. Windows are usually clustered in groups on the facade and are often multi-paned casement in type. Almost exclusively a residential style, English Revival buildings are nearly always asymmetrical in composition. SUMMARY/CONCLUSION: The Woodfill House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the English 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 intact example of the English Revival style in the Wilshire Square neighborhood, "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 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 ~~~_~ State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listi Page 1 of 4 Primary HRI # Trinomial- NRHP Status Review Code Reviewer Resource nametsl or number (assigned by recorderl Date P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1667 Date: *c. Address 1121 South Van Ness Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number 013-094-07 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in hand-textured stucco, this one-story residence features the picturesque asymmetry typical of the English Revival style. Amedium-pitched, cross-gabled roof caps the residence, which has shallow overhanging eaves with rolled edges, meant to suggest thatching. The principal design element on the fagade are two projecting bays topped by front gables accented with half-timbering. The north bay displays a gable with uneven rakes, adding to the effect of asymmetry, and a recessed, three-light fixed pane picture window. Around-headed wing wall and round-headed arch mark the ends of the projecting bay on its north and south sides, respectively. Fenestration on the south bay, which has a symmetrical gable, consists of a recessed, two-light fixed pane window. Roof detailing includes exposed rafter fails above the fagade's open porch and recessed central bay. Overlooking the central bay is awood-framed, tripartite window with a fixed five-over-one sash, flanked bytwo-over-four casements with lengthwise muntins. The front entrance is recessed in the south side of the porch, which is elevated on three steps. Fenestration on side elevations consists of a series of double-hung sash windows in a variety of configurations. An attached, stucco-clad chimney marks the north elevation of the house. A noncontributing garage is located in the southeast corner of the property. The residence is currently undergoing repairs, including stripped of paint from wood window surrounds, but is otherwise in good condition. Alterations include nonoriginal metal canopies on fagade and side elevation windows, as well as a replacement garage door. Despite these alterations, the house retains a good degree of integrity. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ^Building ^Structure ^Object ^Site ^District ^Element of District ^Other P5b. Photo: (view and date) West elevation June 2007 *Pti. Date Constructed/Age and Sources: ^historic 1930/Source: City of Santa Ana Building Permits *P7. Owner and Address: Michael R. Martinez, Rocio Rendon & Robert Rendon 1121 S. Van Ness Avenue Santa Ana, CA 92707 *P8. Recorded by: S. Carmack and D. Howell-Ardila Sapphos Environmental, Inc. 133 Martin Alley Pasadena, CA 91105 *P9. Date Recorded: June 25, 2007 *P10. Survey Type: Intensive Survey *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) DPR 523A (1/95) G~AS~~ *Required information *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S1 *Resource Name or #: Woodfill House B1. Historic Name: Woodfill House B2. Common Name: Same B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *65. Architectural Style: English Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930. February 19, 1930. Constructed for $3,500. July 22, 1949. Unspecified alterations, $70. November 5, 1957. Gas outlet and floor furnace installed, $150. *B7. Moved? ^No Yes DUnknown *613. Related Features: Noncontributing garage. 69a. Architect: Unknown b. Builder: *B70. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Woodfill House is architecfurallysigniticant as a characteristic and intact example of a modest English Revival residence. Constructed in 1930 for O.F. Fowler, the property first appears in Santa Ana City directories in 1931, at which time it stood vacant. City directories indicate that the first resident of the house was Gordon and Margaret Evenson, who owned the property in 1931. Through the decade, ownership changed hands several times, going from the Evensons to Mrs. Mary E. Thomas, who occupied the house from at least 1934 to 1936, then to Mrs. Alice E. Freeman, who owned and resided in the home in the late 1930s. Ownership shifted again in the 1940s, when Santa Ana accountant and tax consultant Charles O. Woodfill and his wife Melvina purchased 1121 S. Van Ness. The Woodfills resided in the home for over twenty years, until the late 1960s. (See Continuation Sheet 3 of 4.) 611. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) 613. Remarks: *614. Evaluator: S. Carmack and D. Howell-Ardila *Date of Evaluation: June 25, 2007 (This space reserved for official comments.) Date: Original Location: Sketch Map ©~~~~~~ VAN AiESS 1121 S. Van Ness Avenue 013-094-06 H O ~ ~° ~ ~ O 2 6 a s a DPR 5236 (1/95) *Required information Page 3 of 5 25A-9 State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET l'rinomiai Page 3 of 4 Resource Name or # (Assigned by recorder) Woodfill House 'Recorded by S. Carmack and D. Howell-Ardila "Date June 25, 2007 ~ Continuation ^ Update *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 initially 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 Woodfill House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K. Hanson, O Brien, and Lewis. Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1,875.00 boasted `dive foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Register. April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for `courts and apartments," apparently as a buffer for the `neighborhood business" zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War ll. Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War 11 building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees That line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997. The Woodfill House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the `distinguishing characteristics of an architectural style or period." The English Revival design is reflected in several of the signature features of the style: an asymmetrical arrangement of elements on the fagade, stucco exterior with textured finish, decorative half-timbering, shallow overhanging eaves with rolled edges, wood-framed transom windows, round- headed archs and wingwall. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Wilshire Square and `9s a good example of period architecture" as an intact example of the English Revival style. Character-defining exterior features of the Woodfill House that should be preserved include, but may not be limited to: materials and finishes (stucco); roof configuration and treatment; massing and asymmetrical composition; original doors and windows; patio. Page 4 of 5 DPR 523E 2 5A- ~ O State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Woodfil! House 'Recorded by S. Carmack and D. Howell-Ardila *Date June 25, 2007 ~ Continuation ^ Update *612. 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. Historic maps in the collection of the History Room of the Santa Ana Public Library. Santa Ana and Orange County Directories, 1905-1931. Santa Ana Register. April 12, 1923. "Vintage Santa Ana Right On Track." The Register. January 13, 1990. `Neighbors Gear Up For Big Project." Los Angeles Times. August 6, 1992. `Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times. October 5, 1996. "Wilshire Square-A Profile in Pride of Ownership." Cify Line. July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www. wilshiresquare.cnm www. geocities. com/Heartland/3383/aia. h tm Page 5 of 5 DPR 523E 2 5A-11 MILLS ACT AGREEMENT 1121 South i'an Ness 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 §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this March 3, 2008 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 Michael R. Martinez, Rocio Rendon, and Roberta Rendon, (hereinafter referred to as "Owner"), owner of real property located at 1121 South Van Ness 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 1121 South Van Ness Avenue, Santa Ana, California, 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 EXHIBIT 3 -1- 25A-12 MILLS ACT AGREEMENT 1121 South Van Ness Avenue Santa Ana, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 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 March 3, 2008, 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: -2- 25A-13 MILLS ACT AGREEMENT 1121 South Van Ness 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 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. -3- 25A-14 MILLS ACT AGREEMENT 1121 South Van Ness 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 %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 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. -4- 25A-15 MILLS ACT AGREEMENT 1121 South Van Ness Avenue Santa Ana, CA 92706 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 1121 South Van Ness Avenue, Assessor Parcel Number, 013-094-06, 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: Michael R. Martinez, Rocio Rendon, and Roberta Rendon 1121 S. Van Ness Avenue Santa Ana, CA 92707 -5- 25A-16 MILLS ACT AGREEMENT 1121 South Van Ness 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 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. -6- 25A-17 MILLS ACT AGREEMENT 1121 South Yan Ness 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 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 Property Owners: Date: Date: Date: CITY OF SANTA ANA DAVID N. REAM City Manager By: Michael R. Martinez By: Rocio Rendon By: Roberta Rendon APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney -7- 25A-18 MILLS ACT AGREEMENT 1121 South Van Ness Avenue Santa Ana, CA 92706 Exhibit A Lot 64 of Tract 648, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 20, page 14 of Miscellaneous Maps, in the office of the County Recorder of said County. Assessor Parcel No. 013-094-06 -g- 25A-19 MILLS ACT AGREEMENT 1121 South Van Ness 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 size, scale, color, material and character of the property, neighborhood, or environment. -9- 25A-20 MILLS ACT AGREEMENT 1121 South Van Ness Avenue Santa Ana, CA 92706 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. - io - 25A-21 Exhibit C (photographs attached) -11- 25A-22 MILLS ACT AGREEMENT 1121 South Van Ness Avenue Santa Ana, CA 92706 MILLS ACT AGREEMENT 1121 South Van Ness Avenue Santa Ana, CA 92706 -12- 25A-23 a Q z 0 O J H 0 a. W a W z z a N r r w z w w z z 0 0 M r II ^ 1 O. O 1 o 0 O I Q W O 0 0 z 25~-24