HomeMy WebLinkAbout25F - 2345 N HELIOTROPEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 17, 2008
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-12 FOR THE
PROPERTY LOCATED AT 2345 NORTH
HELIOTROPE DRIVE
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 15f Reading
^ Ordinance on 2nd 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 Cathy Dawes for the structure located at 2345
North Heliotrope Drive, 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 Cathy Dawes for the
structure located at 2345 North Heliotrope Drive, subject to non-
substantive changes approved by the City Manager and City Attorney at its
October 2, 2008 meeting by a vote of 5:0 (Dickman, O'Callaghan absent).
DISCUSSION
After the public hearing on October 2, 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.
25F-1
HPP Agreement No. 2008-12
November 17, 2008
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax
revenue to the City by an estimated $97.98 to $489.89 annually, for a
period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
a M. Trevino
Executive Director
Planning & Building Agency
Francisco Gutierrez
Executive Director
Finance & Management Services Agency,~r-
1
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hs\historic info\mills act agreements\2345_N_Heliotrope\hppa08-12.CC
25F-2
REQUEST FOR
Hisfioric Resouroes Commission Action
Hsrowc ~souRCES oon~ussiori n~rr~c QATE
OCTOBER 2, 2008
TITLE:
HISTORIC PROPERTY PRESERVATION
AGREEMENT NO. 2008-12 FOR THE PROPERTY
LOCATED AT 2345 NORTH HELIOTROPE DRIVE
Prepared by Hally Soboleske
Hsrowc RESOUr~s c~onnM~ssioN sECr~ raRlr
APPROVED
^ As Recommended
^ As Amended
^ Set Public Hearing For
CONTINUED TO
_ :, \
~_, Executive Director Planning M ager
RECOMMENDED ACTION
Recommend that the City Council authorize the City Manager and Clerk of
the Council to execute the attached agreement with Cathy Dawes for the
structure located at 2345 North Heliotrope Drive, subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
Request of Applicants
The applicant, Cathy Dawes, requests the approval of Historic Property
Preservation Agreement No. 2008-12 (Mills Act) between the property
owner and the City of Santa Ana.
Property Description
The subject property includes a single story minimal traditional
residence and a detached, two-car garage located at 2345 North
Heliotrope Drive (Exhibit 1) The property is within the Floral Park
neighborhood and the surrounding land uses are residential.
Analysis of the Issues
In March 1999, the City Council approved an ordinance authorizing
Historic Property Preservation Agreements (HPPA), commonly known as the
Mills Act contracts, for eligible historic properties. The agreement
provides monetary incentive to the property owner in the form of a
property tax reduction in exchange to the owner's voluntary commitment
to maintain the property in a good state of repair and to rehabilitate
the property as necessary. Once recorded, the agreement triggers the
use of a different valuation method in determining the property's
assessed value, thereby resulting in potentially significant property
tax savings for the owner.
EXHIBIT A
25F-3
HPPA No. 2008-12
October 2, 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 September 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 Minimal Traditional 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 communi ty.
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
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
HPPA-2008-12
2345 North Heliotrope Drive
PLANNING AND BUILDING AGENCY
E~~IT~
EXECUTIVE SUMMARY
WADDELL HOUSE
2345 North Heliotrope Drive
Santa Ana, CA 92706
NAME Waddell House REF. NO.
ADDRESS 2345 North Heliotrope Drive
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1940 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 2D2
Location: ^ Not for Publication ®Unrestricted
^ Prehistoric ®Historic ^ Both
ARCHITECTURAL STYLE: Minimal Traditional
During the Great Depression through the immediate postwar years, the Minimal Traditional home rose in popularity as the preferred
style for middle-class housing in the United States. This basic house type fulfilled both aesthetic and social needs: in terms of
aesthetics, the form represented astripped-down version of the historic-eclectic styles popular in the 1920s, in particular the Tudor
and English Revival styles. In social terms, the Minimal Traditional home satisfied requirements in square footage and plan by the
Federal Housing Administration (FHA), which launched a campaign in this period to expand home ownership. The Minimal
Traditional home served as the prototype used by the FHA in its efforts to codify and manufacture "a standard, low-cost, minimum
house that the majority of American wage earners could afford" (Greg Hise, Magnetic Los Angeles, p. 57).
In a reflection of the Tudor and English Revival styles they mimic, Minimal Traditional homes are typically rectangular in plan and
one-story in height, often with afront-gabled wing and prominent attached chimney. In contrast with the preceding styles, the
Minimal Traditional home is capped with a low or intermediate pitch roof with a hipped or side gable. Sheathing materials include
stucco, brick, or wood, often accompanied by stone veneer accents. Fenestration generally consists of multi-light casement, double-
hung, and picture windows with wood frames. The eaves and rakes of the Minimal Traditional home are typically shallow (in a
departure from the later Ranch House style, which they often resemble). Although they have little applied ornament, many Minimal
Traditional homes display decorative wood shutters and porch-roof supports. Subtypes of the Minimal Traditional home include the
Two-Story Variant, which displays added ornamental detailing and represents a late example of traditional eclectic styles, such as the
Colonial Revival or Monterey styles. By the 1950s, the Minimal Traditional home was replaced by the Ranch House as the style of
choice for middle-class housing and large tract-house developments. (McAlester, pp. 476-78).
SUMMARY/CONCLUSION:
As a contributor to the North Broadway Park district, which has been determined eligible for listing in the National Register of
Historic Places, the Waddell House has been listed in the California Register of Historical Resources. The Waddell House also
qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing
characteristics of the Minimal Traditional style. Additionally, the house has been categorized as "Contributive" because it
"contributes to the overall character and history" of the Floral Park neighborhood and, as an intact and characteristic example of the
Minimal Tradition 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 thi
work of a master, or possesses high artistic values.
• California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.)
2D2: Contributor to a district determined eligible for the National Register by consensus through Section 106
process. Listed in the California Register.
E
f5
__
State of California-The Resources Agency Primary#
DEPARTMENT OF PARKS AND RECREATION HRI #
PRIMARY RECORD Trinomial
NRHP Status Code
Other Listings
Review Code Reviewer Date
Page 1 of 4 Resource name(s) or number (assigned by recorder) Waddell House
P1. Other Identifier:
*P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County
*b. USGS 7.5' Quad TCA 1725 Date:
*c. Address 2345 North Heliotrope Drive City Santa Ana Zip 92706
"e. Other Locational Data: 007-071-07
*P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.)
Finished in smooth stucco, this one-story residence displays the characteristic features of the Minimal Traditional style. A
low-pitched, cross-gabled roof, detailed with thin vergeboards and shallow eaves, caps the building. Comprising the north
half of the fagade, a projecting, front-gabled wing features a bay window with atwelve-light fixed pane flanked by rectangular
double-hung sashes with wood frames. A pent roof caps the bay window, which is centered beneath ahalf-circle vent
piercing the gable apex. Accenting the fagade, porch, and side elevation windows, ornamental shutters consist of two
slightly rounded wood planks fastened with a rounded wood tie, decorated with pineapple-shaped perforations. Located in
the intersection of the cross gables, the entry consists of a paneled wood door sheltered beneath a covered porch. Six-over-
six double-hung sashes overlook the porch, which rests on thin wood posts adorned with overlapping half-circles made of
wrought iron. Extending the home on the south, a lower side-gabled wing is slightly recessed behind the primary side gable.
Fenestration on the south wing echoes the pattern on the facade, with six-over-six double-hung sashes framed by
ornamental shutters with a pineapple motif. The north elevation displays an attached brick chimney with a corbelled cap.
Located to the southeast of the residence, astucco-clad garage is capped with afront-gabled roof of low pitch. Further
enhanced by mature trees and landscaping, the residence has no visible alterations and is an intact, highly representative
example of the Minimal Traditional style.
*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
August 2008
*Pti. Date Constructed/Age and
Sources: ^historic
1940/City of Santa Ana Building
Permits
*P7. Owner and Address:
Cathy Dawes
2345 N. Heliotrope Dr.
Santa Ana, CA 92706
*P8. Recorded by:
L. Neumann and D.Howell-Ardila
Sapphos Environmental, Inc.
430 North Halstead Street
Pasadena, California 91107
*P9. Date Recorded:
August 13, 2008
*P10. Survey Type:
Intensive Survey Updafe
*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 (1195) ~ ~ ~~5 *Required information
*P11. Report Citation: (Cite survey report and other sources, or enter "none")
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 4 *CHR Status Code 2D2
*Resource Name or #: Waddell House
61. Historic Name: Waddell House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence
*B5. Architectural Style: Minimal Traditional
*B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1940
November 19, 1940. Residence and garage constructed, $6,000.
November 13, 1953. Installation of one plumbing fixture, $75.
May 11, 1965. Installation of water heater.
July 20, 1992. Installation ofair-conditioning unit.
July 20, 2004. Addition to existing detached garage, $5,300.
August 25, 2004. Tear off and re-roof for garage roof, $1,400.
*67. Moved? ^No DYes DUnknown Date: Original Location:
*B8. Related Features:
None.
69a. Architect: Unknown b. Builder: Allison Honer
*B10. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1888-1953 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 Waddell House is architecturally significant as an intact and representative example of the Minimal Traditional style. According
to the original building permit, dated November 19, 1940, the residence and garage were constructed of a cost of $6,000 for Floral
Park developer Alison Honer. In 1945, when the house first appears in the city directory, the occupants were Mrs. Helen Waddell
and her husband William F., a partner in the transport company C & W Transportation, located at 1125 Parton Street in Santa Ana.
The Waddells remained in the house until circa 1952, when retiree Charles J. Truscott and his wife Inez resided in the home. By
1956, the property was the address for James M. Briggs, an account executive with the Los Angeles firm Merrill, Lynch, Pierce,
Fenner & Beane. Briggs and his wife Nora resided in the home until of least the early 1960s, after which ownership changed hands
on several occasions.
(See Continuation Sheet 3 of 4.)
B11. Additional Resource Attributes: (List attributes and codes)
*B12. References:
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 4.)
613. Remarks:
*614. Evaluator: Leslie J. Neumann
*Date of Evaluation: August 13, 2008
(This space reserved for official comments.)
Sketch Map
o per.
`~O ~ 2345 N. Heliotrope Dr.
0 002-071-07
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DPR 5236 (1195) ~ C ~~cQof 5 *Required infonnation
State of California -The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET rrinomiai
Pane 3 of 4 Resource Name or # (Assigned by recorder) Waddell House
*Recorded by Leslie J. Heumann and Deborah Howell-Ardila *Date August 13, 2008 ~ Continuation ^ Update
*610. 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 Waddell House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West
Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and
widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981),
credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls,
New York in 1922 (Talbert, pages 353-356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land.
And that month, he began building custom homes in Santa Ana" (Orange Counfv Register. September 15, 1981). The parcel
chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the
Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County
Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and
1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival
styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco-styled Old
Santa Ana City Hall, the EI Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the
neighborhood he had helped create, at 615 West Santa Clara Avenue.
In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral
Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa
Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial
Revival mansion at 2009 Victoria Drive. In the early post-World War 11 years, Floral Park continued its development as
numerous smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style.
In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2008), Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Waddell House lies in the northern section of Floral Park known as North Broadway Park. Bounded by Riverside Drive,
Santa Clara Avenue, North Broadway, and North Flower Street, North Broadway Park, subdivided in 1923, has been
determined eligible for listing in the National Register of Historic Places. The Keeper of the National Register found that:
`North Broadway Park reflects the City Beautiful planning movement in Southern California during the early twentieth century.
The vernacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to
create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early historical
development of the city of Santa Ana. "' Under the regulations implementing the California Register of Historical Resources,
the Waddell House, which is a contributor to the National Register district, has been listed in the California Register.
The Waddell House also qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its
exemplification of the distinguishing characteristics of the Minimal Traditional style. Typical features of this style illustrated by
the house include ifs one-story massing and rectangular form; prominent front-gabled wing and attached chimney; low-
pitched roof with shallow eave overhangs; a minimal use of ornamental detail, apart from wood-plank shutters and decorative
wrought-iron porch supports; the smooth stucco cladding. Additionally, the house has been categorized as "Contributive"
because, as an intact example of a Minimal Traditional residence in the Floral Park neighborhood, `is a good example of
period architecture." Character-defining exterior features of the Waddell House that should be preserved include, but may
not be limited to, materials and finishes (stucco and wrought-iron); roof configuration and detailing; original windows where
extant; chimney; minimal use of applied ornament; architectural details such as the decorative porch supports and pineapple-
shaped perforations accenting the shutters.
*B72. References (continued):
Harris, Cyril M. American Architecture: An Illustrated Encvclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated Historv. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide fo American Houses. New York: Alfred A. Knopf, 1984.
(See Continuation Sheet 4 of 4.)
' Determination of Eligibility, February 25, 1980. A ~ ~~~ of 5
DPR 523E L
State of California -The Resources Agency Primary # II
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial '~
Page 4 of 4 Resource Name or # (Assigned by recorder) Waddell House
"Recorded by Leslie J. Heumann and Deborah Howell-Ardila "Date August 13, 2008 ~ Continuation ^ Update
*B12. References (continued):
National Register Bulletin 16A. `How to Complete the National Register Registration Form. "Washington DC: National
Register Branch, National Park Service, US Dept. of the Interior, 1991.
Office of Historic Preservation. `7nstrucfions for Recording Historical Resources." Sacramento: March 1995.
Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
`Alison Honer Dies at 84,"The Santa Ana Journal September 21, 1981.
`Builder of Honer Plaza Dies," Orange County Register. September 15, 1981.
`History of Floral Park." http://www.floral-park.com/page2.html.
Santa Ana and Orange County Directories, 1932-1954.
DPR 523E ~q~~'~ 0
MILLS ACT AGREEMENT
2345 North Heliotrope Drive
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 November 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 Cathy Dawes, (hereinafter referred to as "Owner"), owner of real property
located at 2345 North Heliotrope Drive, 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 2345
North Heliotrope Drive, 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.
E1~'F ~ 1
MILLS ACT AGREEMENT
2345 North Heliotrope Drive
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 November 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:
~~F-12
MILLS ACT AGREEMENT
2345 North Heliotrope Drive
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.
2~F-13
MILLS ACT AGREEMENT
2345 North Heliotrope Drive
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 %) 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
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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
Santa Ana, CA 92706
the City of any breach or default under this Agreement shall be deemed to be a waiver of any
other subsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. The Owner hereby subjects the Historic Property, located at 2345 North
Heliotrope Drive, Assessor Parcel Number, 002-071-07, 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: Cathy Dawes
2345 North Heliotrope Drive
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
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
2345 North Heliotrope Drive
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:
CITY OF SANTA ANA
DAVID N. REAM
City Manager
By:
Cathy Dawes
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By:
Kylee O. Otto
Assistant City Attorney
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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit A
Lot 10 of Block B of Tract No 1035, as per map recorded in Book 33, Page 46 of
Miscellaneous Maps, in the office of the County Recorder of said Orange County.
Assessor Parcel No. 002-071-07
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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
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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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
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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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
Santa Ana, CA 92706
Exhibit C
(photographs attached)
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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
2345 North Heliotrope Drive
Santa Ana, CA 92706
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