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HomeMy WebLinkAbout25B - HPPA 1138 W SHARON RDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-16 FOR THE PROPERTY LOCATED AT 1138 WEST SHARON ROAD /^l (,g' (~ ~~ CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ^ As Recommended ^ As Amended ^ Ordinance on 15t 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 John F. and Jane S. Lewis for the structure located at 1138 West Sharon Road, 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 John F. and Jane S. Lewis for the structure located at 1138 West Sharon Road, subject to non- substantive changes approved by the City Manager and City Attorney at its November 6, 2008 meeting by a vote of 5:0 (Rogers and Schaefer absent). DISCUSSION After the public hearing on November 6, 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. 25B-1 HPP Agreement No. 2008-16 December 1, 2008 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $20.82 to $104.13 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: `~ ~, 1 . "' 'C~ ~ \ ~Y n ~ - - Jay M.! Trevino Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency ~ HS:rb hs\hiatoric info\mills act agreements\1138_W_SharonRd\hppa08-16.cc 25B-2 REQUEST FOR Hisfioric Resources Commission Action NOVEMBER 6, 2008 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2008-16 FOR THE PROPERTY LOCATED AT 1138 WEST SHARON ROAD Prepared by Hally Soboleske I~sTOwc RESOU~cES c~nnlw~or~ sEC~ra~r APPROVED ^ As Recommended ^ As Amended ^ Set Public Hearing For CONTINUED TO Executive Director Planning Man ger RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with John F. and Jane S. Lewis for the structure located at 1138 West Sharon Road, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicants The applicants, John F. and Jane S. Lewis, request the approval of Historic Property Preservation Agreement No. 2008-16 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a single story Mid Century Modern House (wood variant) with an attached garage located at 1138 West Sharon Road (Exhibit 1). The property is within the Fisher 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 25B-3 HPPA No. 2008-16 November 6, 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 Key in October 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 Mid Century Modern (wood variant) 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 is Section 15061 (b) (3) , from further review. project. the California Environmental Quality Act, the exempt from further review under General Rule and therefore, the recommended action is exempt A Notice of Exemption will be filed for this Hall Soboleske Associate Planner HS:jm hs\historic info\mills act agreements\hppa0s-16.hrc 25B-4 ~' ` F- W ~ ~ ~ ~ ~ r J; w " ~ .~ . ~ ~ I !~, f ..._.,.,.... `. [ k~ LIB ~r. ..„e.. .~_.ne..,a,.,. k ~ ~ _ 1 ~~ ~~ ~ t ~ ~; ~ L .j .r ~.neW, _.. _ I ,,.~ ~" ~ ~ t ,. ~- ~ ~ s .. . h _,. ~ _ ~ ~ ~~~ ~t ~ +~ v ~~ ' i >__ . ;. -. 1 ~I~' ~~ i .. °- ..w... _._.. c M 500' RADIUS HPPA-2008-16 1138 West Sharon Road PLANNING AND BUILDING AGENCY `~B~T' 1 . EXECUTIVE SUMMARY PETERSEN HOUSE 1138 West Sharon Road Santa Ana, CA 92706 NAME Petersen House REF. NO. ADDRESS 1138 West Sharon Road CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1954 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Fisher Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE SS1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mid-Century Modern (Wood Variant) As practiced in Southern California, Mid-Century Modernism took its cues from the International Style and the region's first- generation Modernist architects, Richard Neutra and Rudolph Schindler. In the postwar period, second- and third-generation practitioners such as Gregory Ain, Harwell Hamilton Harris, Raphael Soriano, Ray Kappe, Pierre Koenig, and A. Quincy Jones, among others, established Southern California as a center for innovative Modernist design. John Entenza's Case Study House program, promoted by Arts and Architecture magazine from 1945 to the late 1960s, brought international recognition for the region's Mid-Century Modernism. As with earlier strains of Modernist architecture, Mid-Century Modernism is characterized by an honest expression of structure and materials and the absence of historicist ornament and detailing. Aesthetic effect is achieved through the asymmetrical but rhythmic composition of modular post-and-beam construction. This post-and-beam construction, expressed in either wood or steel framing, allows for open floor plans and large expanses of glazing to heighten indoor-outdoor integration. In-fill panels of wood or glass are common, with glazing often extending to the gable or roof line in panels of clerestory lights. Additional indoor-outdoor connections are provided through the use of sliding glass doors opening onto decks, garden beds, and landscaped patios and by the continuation of roofing materials and structure on both interior and exterior. Buildings are generally one story, though two-story examples are not uncommon, with an emphasis on simple, geometric forms. Capped with low-pitched gabled or flat roofs, the residences generally display wide eaves, either cantilevered or supported on spider-leg or post supports. Sheathing materials vary, with wood, stucco, brick and stone panels alternating with generous expanses of glass. Windows are generally flush-mounted, with metal or wood frames. This style was seen in residences and commercial buildings from 1945 until circa 1975. SUMMARY/CONCLUSION: The Petersen House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mid-Century Modern style (wood variant). Additionally, the house has been categorized as "Key" because it "has a distinctive architectural style and quality" as an uncommon example of the Mid-Century Modern style in the Fisher Park neighborhood (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.) 551: Individual property that is listed or designated locally. t~~° State of California-The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Trinomial NRHP Status Code Reviewer Date ab~ ~ ~~ Y ~crsavu~~et namets/ yr numoer tassignea oy recoraert rerersen House P1. Other Identifier: *P2. Location: ^Not for Publication ^Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: *c. Address 1138 West Sharon Road City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 001-137-06 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) T-shaped in plan, this one-story residence displays the textbook characteristics of the Mid-Century Modern style (wood variant). The residence is capped with a subtly sloped roof consisting of two large rectangular planes, joined at the center of the house to form a low gable. Cutting into and extending above the roof line on the east elevation is a rectangular chimney, whose square cement-block construction is visible through the clerestory lights. Wide overhanging eaves, with plain, uninterrupted vergeboards and extended canopies terminate the roof line. The principal design feature of the fagade is the asymmetric, rhythmic quality of the modular, wood post-and-beam construction. In-fill panels are sheathed in thin strips of vertical wood siding and or filled with large panels of fixed windows, extending fo the roof line. Enclosed within the post-and- beam modules in the center of the facade, the entry consists of an unadorned door set flush to the frame. Enhancing the indoor-outdoor integration integral to the style, clerestory lighting extends to the roof line on mirroring front and back elevations, allowing for view corridors to the backyard gardens from the front elevation. Connected to the main house by a covered walkway.and screened behind a mature bamboo tree, the attached garage features a flat roof with widely overhanging eaves forming geometric, trellis-like canopies on each side of the garage. Enclosed with a low, cement-block wall, two slender poles that forma "V"support the garage canopy. Extending east, a low wall composed of wood vertical slats provides privacy along the fagade. Highly intact and representative of its style, the residence displays no visible alterations. *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) Northeast elevation August 2008 *P6. Date Constructed/Age and Sources: ^historic 1954/City of Santa Ana Building Permits *P7. Owner and Address: John & Jane Lewis 1138 W. Sharon Road 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: September 15, 2008 *P10. Survey Type: Intensive Survey Update *Attachments: ^None ^Location Map ^Sketch Map ^Continuation Sheet ^Building, Structure, and Object Record ^Archaeological Record ^District Record ^Linear Feature Record ^Milling Station Record ^Rock Art Record ^Artifact Record ^Photograph Record ^ Other (list) Primary HRI # DPR 523A (1/95) pa¢ ~~ *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 5S1 *Resource Name or #: Petersen House B1. Historic Name: Petersen House 62. Common Name: Same 63. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mid-Century Modern (Wood Variant) *66. Construction History: (Construction date, alterations, and date of alterations): Constructed 1954 October 4, 1954. Residence and garage constructed for $20,000. January 17, 1955. Plastering. December 6, 1989. Re-roof with tear off. *B7. Moved? ^No DYes Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Clifford Yates, AIA b. Builder: Harris & Denner *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1947 - 1958 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 Petersen House is architecturally significant as one of the few highly intact and representative examples of the Wood Variant of the Mid-Century Modern style in Santa Ana. According to the original building permit, dated October 14, 1954, the six-room residence and garage were constructed for Robert J. Petersen at a cost of $20,000. The home was designed by Clifford Yates, AIA, the architect of the Friedman House, a similar post-and-beam residence constructed in 1953 in Pacific Palisades. Petersen, an engineer with Robertshaw-Fulton, and his wife Nancy resided in the home until of least 1965. (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 4 of 4.) 613. Remarks: *B14. Evaluator: Leslie J. Heumann *Date of Evaluation: September 15, 2008 (This space reserved for official comments.) DPR 5236 (1195) 2'f V Sketch Map a ~ <~ _ v ~ ~_): _ ~ ~ ` 1138 W. Sharon Rd. ~ ~~ no 001-137-06 -- ~ _, . -- p n _~ - p °_ ~ _ ~ ©' ~` 0 0~ *Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Petersen House 'Kecortletl by Leslie J. Neumann and Deborah Howell-Ardila *Date September 15, 2008 O 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 Petersen House is located in Fisher Park, a neighborhood north of West Floral Park and bounded by Sharon Road (west of North Flower Street) and Memory Lane (east of North Flower Street) on the north, Interstate 5 on the east, Santiago Creek (west of North Flower Street) and Park Lane (east of North Flower Street) on the south, and Bristol Street on the west. The neighborhood takes its name from Jacob (Jack) Fisher. Bom in Yakima, Washington, Fisher moved to Santa Ana with his parents and sister in the early twentieth century. In April 1917, upon the United States' entry into World War 1, Fisher enlisted in the US Army when he was 18 years old. Assigned to Company L, Seventh California Regiment, Fisher latered advanced to the level of corporal in the 58<h Infantry of Company D. During his service in World War 1, Fisher received several high- level honors for his service in France, including a Purple Heart, French Croix de Guerre with Palm, and the Medaille Militaire, France's highest military recognition. After surviving the battles of Argonne Forest and Verdun, Fisher's final battle was fought in Argonne, from which he emerged with grave injuries. In 1919, Fisher returned to the United States for a period of convalescence. During his recuperation of the military hospital in San Francisco, Fisher studied art and cartoon illustration, which he developed into a career as a cartoonist for the San Francisco Examiner and, later, Santa Ana Register upon his return to Santa Ana in 1927. A decorated veteran with awards from Italy, Belgium, Britain, France, and the United Sfafes, Fisher was instrumental in the formation of the Santa Ana Chapter of the Disabled American Veterans. After Fisher's death at the age of 30, in March 1929, the Chapter of Disabled American Veterans he helped form took his name as the Jack Fisher Post, Chapter of Disabled American Veterans. On August 23, 1933, construction was completed on a park north of Santiago Creek on North Flower Sfreef and dedicated as the Jack Fisher Memorial Park. Prior to its residential development, Fisher Park formed Lots 56, 8 and 9 of the Potts, Borden and Sidwell Tract, subdivided in 1881. Current-day Interstate 5 conforms fo the prominent diagonal swath cut by the Southern Pacific Railroad line, which was established in Santa Ana in the late 1870s and still forms the eastern border of the Fisher Park neighborhood. With the exception of the Southern Pacific Railroad line, the area remained agricultural through much of the first half of the twentieth century, with walnut groves and orchards dotting the landscape. In November 1947, residential development arrived when a narrow strip was cleared, graded, and subdivided into 25 lots offered as Tract No. 1160, `River Lane Tract,"on which present-day Sharon Road appeared as River Lane. Mirroring the curve of Santiago Creek to the south, the streets displayed a curvilinear layout with lots ranging in size from 70 to 130 feet long, 140 to 190 deep. Three years later, in August 1950, another curvilinear subdivision appeared east of Flower Street, with smaller lots, averaging 60 feet by 90 feet, arranged around a curvilinear pattern with cul de sacs. An outgrowth of earlier City Beautiful and Garden City models, this curvilinear layout reflected neighborhood planning preferences codified in the 1930s by the Federal Housing Administration (FHA), which regulated and financed the increase in home ownership through its mortgage lending and insurance programs. During the post-WWII housing expansion in the United States, the FHA-endorsed model for city planning as reflected in the neighborhood of Fisher Park "set the standards for the design of post-World War ll subdivisions." (National Register Bulletin. Historic Residential Suburbs. p. 49). Construction quickly transformed the neighborhood from agricultural to residential. A 1947 aerial photograph taken a few months before creation of the River Lane Tract shows the area dominated by groves of trees. By 1955, nearly all the lots of both tracts had been improved with single-family residences with uniform setbacks, mostly in the Ranch House style popular in the 1950s and 1960s, in a configuration and unity of design still reflected there today (2008). The Petersen House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for ifs exemplification of the distinguishing characteristics of the Wood Variant of the Mid-Century Modern style. Typical features of this style illustrated by the house include its asymmetrical but rhythmic composition; indoor-outdoor integration provided by expansive use of windows and clerestory lights in front and back elevations; modular, post-and-beam construction, expressed in wood; subtly sloped roof terminating in wide overhanging eaves and canopies around the main residence and garage; thin strips of vertical wood siding as cladding material; in-fill panels of glazing extending to the roof line; lack of hisforicizing ornament. Additionally, the house has been categorized as `Key" because it `has a distinctive architectural style and quality" as an uncommon example of the Mid-Century Modern style in Santa Ana (Municipal Code, Section 30-2.2). Character-defrning exterior features of the Petersen House that should be preserved include, but may not be limited to, materials and finishes (thin strips of vertical wood siding and large glass panes); roof configuration and detailing; original windows and doors where extant; attached cement chimney,' and architectural details such as the thin poles set at 45 degree angles on the garage canopy and wood slat screen fence. DPR 523E ~ ~ Ct~ 4~ 5 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) Petersen House *Recorded by Leslie J. Neumann and Deborah Howell-Ardila *Date September 15, 2008 ~ Continuation ^ Update B12. References (continued): Aerial Mapping Company, Boise, Idaho, Map 3-15-106, 1959. Available at the Orange County Archives. Agricultural Adjustment Administration, Western Division Laboratory, Santa Ana, California, Map 28-77, 1938. Available at the Orange County Archives. Ames, David L. and Linda Flint McClelland, US Department of the Interior, National Park Service, National Register Bulletin, Historic Residential Suburbs, Guidelines for Evaluation and Documentation for the National Register of Historic Places, September 2002, pp. 41-51. Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921. Fairchild Aerial Surveys, Inc., Los Angeles, Maps 12-95 and 12-97, August 30, 1947. Available at the Orange County Archives. 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 Regisfer Registration Form." Washington DC: National Regisfer Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Pacific Air Industries, Long Beach, Maps 5-27 and 5-29, July 15, 1955. Available at the Orange County Archives. Santa Ana and Orange County Directories, 1932-1954. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. `Armistic Review Hailed by 70,000 at Fullerton,"Los Angeles Times, November 12, 1937, p. 14. Available at ProQuest Historical Newspapers Los Angeles Times database (1881-1986). `Jacob Fisher Answers Taps: Much-Decorated Veteran of World War Passes, Had Achieved Recognition as Newspaper Artist, Santa Ana Veterans Prepare Honors for Comrade," Los Angeles Times. March 3, 1929, p. F8. Available at ProQuest Historical Newspapers Los Angeles Times database (1881-1986). "Orange County,"Los Angeles Times, January 2, 1934, p. E18. Available at ProQuest Historical Newspapers Los Angeles Times database (1881-1986). DPR 523E ~~~~ ~ O MILLS ACT AGREEMENT 1138 W. Sharon Road 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 December 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 Jane S. Lewis and John F. Lewis, (hereinafter referred to as "Owners"), owner of real property located at 1138 W. Sharon Road, 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 1138 W. Sharon Road, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the Property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- E~ ~ 1 MILLS ACT AGREEMENT 1138 W. Sharon Road 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 December 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 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-. 25B-12 MILLS ACT AGREEMENT 1138 W. Sharon Road 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 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~B-13 MILLS ACT AGREEMENT 1138 W. Sharon Road 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 -4.- 256-14 MILLS ACT AGREEMENT 1138 W. Sharon Road 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 1138 W. Sharon Road, Assessor Parcel Number, 001-137-06, 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: Jane S. Lewis and John F. Lewis 1138 W. Sharon Road Santa Ana, CA 92706 -5- 256-15 MILLS ACT AGREEMENT 1138 W. Sharon Road 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- 256-16 MILLS ACT AGREEMENT 1138 W. Sharon Road 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: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Kylee O. Otto Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager By: Jane S. Lewis By: John F. Lewis -7- 256-17 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 Exhibit A PARCEL 1: LOT 12 OF TRACT NO. 1434, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 50, PAGE 49 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor Parcel No. 001-137-06 -s- 25B-18 MILLS ACT AGREEMENT 1138 W. Sharon Road 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 2~B-19 MILLS ACT AGREEMENT 1138 W. Sharon Road 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. - i o. - 25B-20 MILLS ACT AGREEMENT 1138 W. Sharon Road Santa Ana, CA 92706 Exhibit C (photographs attached) -11- 256-21 Q Z O Q V O J 0 H a. Q Z O OC Q w M r r c~ 0 ti cYi ~n I I ^ I I I I i ~ • i ~ ~ ~- 0 z -12-