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Home My WebLink About25A - 1110 S BIRCH ST CITY COUNCIL MEETING DATE: REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: OCTOBER 6, 2008 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1 sl Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-08 FOR THE PROPERTY LOCATED AT 1110 SOUTH BIRCH STREET Ck' f2J jJt2- CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Alejo G. Velarde for the structure located at 1110 South Birch 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 Alejo G. Velarde for the structure located at 1110 South Birch Street, subject to non- substantive changes approved by the City Manager and City Attorney at its September 4, 2008 meeting by a vote of 7:0. DISCUSSION After the public hearing on September 4, 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. 2008-08 October 6, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $39.60 to $198.00 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: J~inO Executive Director Planning & Building Agency '1 r\ '~ ~"'~ ' ..~ \\ \.;,.. ,\~. .'\.\.\: \. 0.1 1., \ ~ ... ...>...... !l _OOO,..,.J Francisco Gutierrez Executive Director Finance & Management Services Agency V ..... HS:rb hs\historic info\mills act agreements\1110_S_Birch\hppa08-08.cc 25A-2 REQUEST FOR Historic Resources Commission Action HSTORIC RESOURCES CClIIIMSSION I\IEETNi DATE: SEPTEMBER 4, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-08 FOR THE PROPERTY LOCATED AT 1110 SOUTH BIRCH STREET HSTORIC RESOURCES COMMISSION SECRETARY APPROVED o As Recommended o As Amended o Set Public Hearing For CONTINUED TO Prepared by Hally Soboleske ~tive Director 1LiWW- ~ 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 Alejo G. Velarde for the structure located at 1110 South Birch Street, subject to non- substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicant, Alejo G. Velarde, requests Property Preservation Agreement No. 2008-08 property owner and the City of Santa Ana. the approval (Mills Act) of Historic between the Property Description The subject property includes a single-story Spanish Colonial Revival residence and a detached, two-car garage located at 1110 South Birch Street (Exhibit 1). The property is within the Wilshire Square 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 25A-3 HPPA No. 2008-08 September 4, 2008 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 June 2008 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. CEQA Compliance In accordance with recommended action Section 15061 (b) (3), from further review. project. the California Environmental Quality Act, the is exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this ~~ Hally So leske Associate Planner ~ HS:jm hs\historic info\mills act agreements\1110_S_Birch\hppa08-08.hrc 25A-4 1141 1147 ,~~~ r ~~~t , 120fl 11201 , 1202a 903 9(U 7 911 91S 917 ~ '" fla W :or ! 500' RADIUS H PP A-200B-OB 1110 S. Birch Street P LAN N I N G AND B U I L DIN GAG ENe Y I2'8At5 EXECUTIVE SUMMARY R. LEWIS HOUSE 1110 South Birch Street Santa Ana, CA 92707 NAME ADDRESS CITY YEAR BUlL T R. Lewis House REF. NO. 1110 South Birch Street Santa Ana ZIP 92707 ORANGE COUNTY 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Wilshire Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: 0 Not for Publication [gJ Umestricted o Prehistoric [gJ Historic o 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 R. Lewis House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion I for its exemplification of the distinguishing characteristics of the Mission/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 intact example of the Mission/Spanish Colonial 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 8,2003. 5S1: Individual pro erty that is listed or desi nated locally. E~AI6 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI# Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page -L of ~ Resource name(s) or number (assigned by recorder) R. Lewis House P1. Other Identifier: *P2. Location: DNot for Publication -Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 1110 South Birch Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number 013-141-10 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth textured stucco, this modest one-story residence displays the typical characteristics of the Spanish Colonial Revival style. A red tiled, cross-gabled roof with shallow eaves caps the building. The focal point of the fac;ade is a prominent front-gabled wing, projecting from the fac;ade's north half Centered below the gable apex, which is accented with three pipe vents, a large picture window is deeply recessed within a parabolic arch. Uneven rakes top the front gable, which extends on the north side to shelter wing wall pierced by an arched opening. Located at the intersection of the front and side gables, the south-facing entry consists of a decoratively paneled wood door with a small square window, screened behind spindle work. The porch, elevated two steps above ground level, extends to the south in front of the side-gabled wing and is enclosed by a low, stucco-clad wall. Two pairs of six-over-one, double-hung sash windows with wood frames overlook the porch space. Fenestration on the side elevations echoes the pattem on the fac;ade, with wood-framed windows in a variety of configurations. An attached, stucco-clad chimney marks the north elevation. On the south elevation, a tile-clad shed roof shelters a secondary entrance. Alterations to the house include the additions of a wood pergola above the front porch and metal window screens. The residence, while modest, is otherwise intact. *P3b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: -Building DStructure DObject DSite DOistrict DElement of Oistrict DOther P5a. Photo P5b. Photo: (view and date) East elevation April 2008 *P6. Date ConstructedlAge and Sources: _historic 1930/Source: City of Santa Ana Building Permits *P7. Owner and Address: Alejo G. Velarde 1110 S. Birch St. Santa Ana, CA 92707 *P8. Recorded by: *P9. Date Recorded: May 8, 2008 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey *Attachments: DNone DLocation Map DSketch Map -Continuation Sheet _Building, Structure, and Object Record DArchaeological Record DOistrict Record DLinear Feature Record DMilling Station Record DRock Art Record DArtifact Record DPhotograph Record 0 Other (list) DPR 523A (1/95) *Required information 25Pl~f>f5 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page -L of ~ *NRHP Status Code 5S1 *Resource Name or #: R. Lewis House B1. Historic Name: R. Lewis House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *85. Architectural Style: Mission/Spanish Colonial Revival *86. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930. August 28, 1930. Residence and garage, $4,000. June 24, 1982. Open lattice patio cover, $880. October 22, 1993. Re-roof with tear off, built-up, 12 square feet, $2,010. *87. Moved? .No DYes DUnknown Date: *88. Related Features: Original Location: None. B9a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 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 Lewis House is architecturally significant as a characteristic and intact example of a modestly sized Spanish Colonial Revival home. According to the original building permit, the home was constructed in 1930 for Richard G. Lewis and his wife Grace for an estimated cost of $4,000. Lewis, a welder, operated Oil Field Welding, located on Main Street in Huntington Beach; Lewis's co-owner was Harry A. Loy, who lived at 1232 South Cypress Avenue in Madison Park. The Lewises owned 1110 South Birch Street until the early 1940s. By 1945, ownership had shifted, when Edward S. Goodner, a real estate broker with Bank of America, and his wife Mary resided in the property. The Goodners remained until at least 1954. Occupancy shifted at least twice in the next decade, with Reverend Harry Owen, a missionary with China Inland Mission, and his wife Marguerite, residing in the home by 1956. Six years later, in 1962, Thomas O'Loughlin, an engineer, and his wife Jean occupied the property, which has since changed hands on several occasions. (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.) Sketch Map B13. Remarks: BIRCH *814. Evaluator: Leslie J. Heumann (This space reserved for official comments.) 1110 S. Birch St. 013-141-10 *Date of Evaluation: May 8,2008 ~ ~ & Q) @ @ ( CPR 5238 (1/95) *Required information 2511i-1J 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 May 8, 2008 [8] Continuation 0 Update *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 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 Lewis 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 "five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Reaister. 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 A venues 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 1/. 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 1/ 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 R. Lewis 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 Spanish Colonial Revival residence reflects several signature features of the style: smooth stucco exterior, a red tile roof, arched openings, and a patio. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Wilshire Square and "is a good example of period architecture" as an intact example of the Spanish Colonial Revival style. Character-defining exterior features of the Lewis House that should be preserved include, but may not be limited to: materials and finishes (stucco and tile); roof configuration and treatment; massing and composition; original doors and windows; patio and wood entry; and chimney. DPR 523L Z5~oL9 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 May 8, 2008 1RI Continuation 0 Update *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, 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 Reaister. April 12, 1923. 'Vintage Santa Ana Right On Track." The Reaister. January 13, 1990. "Neighbors Gear Up For Big Project." Los Anaeles Times. August 6, 1992. "Neighborliness Lives On Wilshire Square's Streets." Los Anaeles Times. October 5, 1996. 'Wilshire Square-A Profile in Pride of Ownership." Citv Line. July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www.wilshiresauare.com www.aeocities.com/Heartland/3383/aia.htm DPR 523L Z5A~1 0 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 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 96103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this September 1, 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 Alejo G. Velarde, (hereinafter referred to as "Owner"), owner of real property located at 1110 South Birch Street, Santa Ana, California, 92707 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 1110 South Birch Street, Santa Ana, CA, 92707 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 - EHA't.11 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 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 September 1, 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 ofnonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 25A-12 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 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 ofthe 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. 2-SA-13 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 12) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provlSlons to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach ofthis Agreement. No waiver by 25A-14 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 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 1110 South Birch Street, Assessor Parcel Number, 013-141-10, 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: Alejo G. Velarde 1110 South Birch Street Santa Ana, CA 92707 25A-15 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 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 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. 2~A-16 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 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 PATRICIA E. HEALY Clerk of the Council DAVID N. REAM City Manager PROPERTY OWNERS Date: By: Alejo G. Velarde APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney 25A-17 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 Exhibit A Lot 3 of Tract 921, in the City of Santa ana, County of Orange, State of California, as per map recorded in Book 28, page 45 of Miscellaneous Maps in the office of the County Recorder of Said County. Assessor Parcel No. 013-141-10 26A-18 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 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 - 25A-19 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 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- 25A-20 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 Exhibit C (photographs attached) - 11 - 25A-21 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 ~ ~- - 12 - 25A-22 MILLS ACT AGREEMENT 1110 South Birch Street Santa Ana, CA 92707 - 13 - 25A-23 c.. <C :E z o - .... <C (.) o -I o .... o J: c.. .... w w 0:: .... en J: (.) 0:: - en J: .... :J o en o ~ ~ ~ I- W w 0:: I- (f) I t) 0:: (() o o C\I ..- -----.---------... . . ~ 1 :s: . w > 1 a:: 0 . 1 e . 1 . 1 . It) 1 ....... oo::t . 8 e 1 . 1 . 1 e . 1 . 1 . L. _. _. _. _. _. _. _.1 I I- ..~ 25A-24