HomeMy WebLinkAbout25E - HPPA - 413 W SANTA CLARA
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
NOVEMBER 15, 2010
TITLE: APPROVED
? As Recommended
HISTORIC PROPERTY PRESERVATION ? As Amended
AGREEMENT NO. 2010-16 FOR THE E] Ordinance on 1" Reading
PROPERTY LOCATED AT 413 WEST ? Ordinance on 2nd Reading
? Implementing Resolution
SANTA CLARA AVENUE ? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of the Council to execute the attached agreement with
Raymond D. and Linda L. Chapel for the structure located at 413 West Santa Clara Avenue, 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 Raymond D. and Linda L. Chapel for the structure located at 413 West
Santa Clara Avenue, subject to non-substantive changes approved by the City Manager and City
Attorney at its October 7, 2010 meeting by a vote of 5:0 (O'Callaghan absent).
DISCUSSION
After the public hearing on October 7, 2010, 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.
i
25E-1
HPP Agreement No. 2010-16
November 15, 2010
Page 2
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an
estimated $98.34 to $491.31 annually, for a period of not less than ten years.
APPROVED AS TO FUNDS AND ACCOUNTS:
Ja . Trevino Francisco Gutierrez
Executive Director Executive Director
Planning & Building Agency Finance & Management Services Agency
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hs\histodc infoVnills act agreements\413_W_SantaClara\hppalO-16.cc
Exhibit: A. Historic Resources Commission Staff Report
25E-2
REQUEST FOR
Hiistoric Resources Commission Action `L
HISTORIC COMMISSION NEE TM DATE: H WORK RESOURCES ammi "SECRETARY
OCTOBER 7, 2010 APPROVED
TITLE: ? As Recommended
HISTORIC PROPERTY PRESERVATION ? As Amended
AGREEMENT NO. 2010-16 FOR THE PROPERTY ? Set Public Hearing For
LOCATED AT 413 WEST SANTA CLARA AVENUE
CONTINUED TO
Prepared by Hally Soboleske
(A,
xecutive 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 Raymond D. and Linda L. Chapel for the structure located at 413
West Santa Clara Avenue, subject to non-substantive changes approved by the City Manager and
City Attorney.
DISCUSSION
Reguest of Applicants
The applicants, Raymond D. and Linda L. Chapel, request the approval of Historic Property
Preservation Agreement No. 2010-16 (Mills Act) between the property owner and the City of Santa
Ana.
Property Description
The subject property includes a single story Spanish Colonial Revival styled home with a detached
garage located at 413 West Santa Clara Avenue (Exhibit 1). The property is within the Park
Santiago 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 for 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.
4
25E-3
HPPA No. 2010-16
October 7, 2010
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 October 2010 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. A photo of the property is included with the
agreement as well as a photo location map. The benefits of executing this agreement include, but
are not limited to, the following:
1. Reduced property tax to allow reinvestment for the long-term preservation of the property.
2. Allows for a mechanism to provide for property rehabilitation.
3. Provides an additional incentive for potential buyers to purchase historic structures.
4. Discourages inappropriate alterations to the historic property.
5. Provides an opportunity for visual improvement to the physical environment of the
community.
6. Offers additional support and attention for historic districts and historic structures in the City.
CEQA Compliance
In accordance with the California Environmental Quality Act, the recommended action is exempt
from further review under General Rule Section 15061(b)(3), and therefore, the recommended
action is exempt from further review. A Notice of Exemption will be filed for this project.
y Sob eske Ser io P A% Associate tanner Princip I PI ner
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hs\historic info\mills act agreements\413-w_SantaClara\hppal0-16.hrc
25E-4
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413 West Santa Clara
PLANNING AND BUILDING AGENCY
EXHIBIT 1
25E-5
25E-6
L
EXECUTIVE SUMMARY
NEFF HOUSE
413 West Santa Clara Avenue
Santa Ana, CA 92706
NAME Neff House REF. NO.
ADDRESS 413 West Santa Clara Ave.
CITY Santa Ana ZIP 92703 ORANGE COUNTY
YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Contributive
HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1
Location: ? Not for Publication ® Unrestricted
? Prehistoric ® Historic ? Both
ARCHITECTURAL STYLE: Spanish Colonial Revival
The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. 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 Neff House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification
of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial
Revival. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, and
scale. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and
history" of Floral Park, and, as an intact and representative example of the Spanish Colonial Revival, "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.)
6S1: Individual property that is listed or designated locally.
EXHIBIT 2
Page I of 4
25E-7
State of CaWwnis - The Resources Agency Primary P
DEPARTMENT OF PARKS AND RECREATION HRI 8
PRIMARY RECORD Trinomial
NRHP Status Cods
Other Listings
Review Code Rwiswsr Dste
Page 1 of 3 Resource name(s) or number (assigned by recorder) NO House
P1. Other Identifier.
"P2. Location: ONot for Publication ¦Unrestricted "a. County Orange County
"b. USGS 7.5' Quad TCA0054 Date
"c. Address 413 West Santa Clare Ave. City Santa Ana Zip 92706
"e. Other Locational Data: Assessors Parcel Number 002-123-21
"P3a. Description: (Describe resource and its major elements. Include design, materials, oondition, alterations, size, setting, and boundaries.)
This Spanish Cokxnial Revival styled residence is single story with a smooth stucco finish, and a front facing gable and a low
pitched day barrel tiled roof. The front facing gable is pierced by six day tubes for venting, and the attached concrete pmh
is supported by two 6"x 6" wooden posts. Each post has a brad, but simple, triangular capital. A stuccoed chimney is
located on the east side of the residence. The front facing bay is pierced by a tripartite wood window with a fixed center and a
narrow casement window on either side. Each casement wvxlow has three tights. The window, is flanked by nononginal
wooden shvftm each wilt/ a ciradar metal pull in the center. The hunt entry door appears Or1 kW and is located
perpenrflcular to ft front bay. Nis composed of rectangular, heavy wood planks with a rectangular window piercing the
upperportion. The door window Is covered with curving wrought iron. It is hung with heavy metal hinges. A small wood fixed
window is mn@dfatety left of the entry door. This window is covered with a curvilinear grip which matches that on the front
door. The other front facing window is comprised of wood casement windows with three tights. It Is also Ranked by
nwxwv#W shutters that match the others. Other windows on the house are single hung wood windows whh a simple
lambstongue feature. Many of these windows are adomed with awnngs and spear shaped supports. The wel!-!kept yard is
landscaped with native Caffornis plants, and a Spanish ifouritain near the Mont porch. A new gafe with rectangular pilasters
leads to the walkway which leads to the front porch.
"133b. Resource Attributes: (Na attributes and codes) HP2. Single-fan* Property
"P4. Resources Present: ¦Building OStructure OObjed OSite ODistrict OElement of District OOther
P5a. Photo P51b. Photo: (view and date)
South feaft elevo#on
' , r September 2040
•P8. Date Constructed/Age and
Sources: ¦historic
4929/Souroe: City of Santa Ana
Building Permit
W. Owner and Address:
Raymond D. and Linda L. Chapel
421 W. Santa Clara Ave.
Santa Ana, CA 92706
"P8. Recorded by:
q Holly Soboleske
20 Civic Center Plaza M-20
Santa Ana, CA 92702
"P9. Date Recorded:
September 9, 2040
Intensive Survey Update 'P10. Survey Type:
•1311. Report Citation: (Cite survey report and other sources, or enter 'none")
None.
•Attechmente: ONone OLocabon Map OSketch Map ¦Continuation Sheet ¦Building, Structure, and Object Record
DArchasologic:al Record ODistrict Record OLinear Feature Record OMiliing Station Record ORock Art Record
OArtifact Record OPhotograph Record O Other (list)
DPR b23A (919ti) 'Required tMormsdon
Page 2 of4
State of California-The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRi#
BUILDING, STRUCTURE, AND OBJECT RECORD
Page 2 of 3 *CHR Status Code 5S1
*Resource Name or Neff House
B1. Historic Name: Neff House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family residence
*B5. Architectural Style: Spanish Colonial Revival
*816. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1929
August 1, 1929. Residence and garage. $4,500.
April 1. 1933. Alterations.
April 10, 1933. Rebuild fireplace chimney.
July 8, 1939. Termite treatment.
December 12, 1940. Reroof.
January 16, 1951. Reroof for Paul Neff by Holmes Roofing Co_
November 5, 1951. Add shower room.
November 14, 1051. 1 circuit, 3 outlets, one space heater for Paul Neff by Gilber & Steams.
May 11, 1953. 1 fixture for P. Neff by N. R. Soucie. $125.
May 25, 1967. Water heater.
January 26, 1984. Reroof.
*137. Moved? ¦No ?Yes 13Unknown Date: Original Location:
*B8. Related Features:
69a. Architect: Unknown b. Builder: Unknown
*810. Significance: Theme Residential Architecture Area Santa Ana
Period of Significance: circa 1888-1953 Property Type: Single-family Residence Applicable Criteria: NR: X,CR: 3
(Discuss importance in terms of historical or architectural content as defined by theme, period, and geographic scope. Also address integrity)
The Neff House is architecturally significant as a characteristic example of the revival styled homes built along the streets of
the Floral Park neighborhood during its most characteristic phase of development. According to City building permit records,
the house and garage were built for Paul W. Neff, and his wife Katherine, in 1929. Mr. Neff was a reporter for the Santa Ana
Daily Evening Register, an early precursor to the Orange County Register newspaper. He worked himself from reporter to
Associate Editor. Neff remained in the newspaper's employee until R. C. Hodes purchased the company and took the rains of
the editorial department. Although Neff continued to live at 413 West Santa Clara, he began work at Northwester Mutual Life
Insurance Company. By 1938, he had taken a job with Prudential Life Insurance which was located in the Builders Exchange
Building at 200 North Main Street, and where he worked until at least 1941. City directories indicate that he accepted a
position with Firestone Rubber Company in Los Angeles where he worked until at least 1956, when he moved out of the
home, and the Paquette family moved into the residence.
(See Continuation Sheet 3 of 3.) Sketch Map
B11. Additional Resource Attributes: (List attributes and codes) alai T_ 413 W. Santa Clar;
*812. References: G 6); 002-123-21
rRRR
myeRR - W -Z
City of Santa Ana Building Permits
Santa Ana History Room Collection, Santa Ana Public Library
Sanborn Maps
(See Continuation Sheet 3 of 3.)
0 0
B13. Remarks: ON
*B14. Evaluator: Hally Soboleske $
(This space reserved for official comments.) 3 a •
w8 O ®
• o
o> .
*Date of Evaluation: May 25, 2010
DPR 5238 (1195) Page 3 of 4 *Required information
25E-9
State of California -The Resources Agency Primary #
DEPARTMENT OF PARKS AND RECREATION HRI #
CONTINUATION SHEET Trinomial
Page 3 of 3 Resource Name or # (Assigned by recorder) Neff House
"Recorded by Hally Soboleske `Date September 9, 2010 IM Continuation ? Update
*B10. Significance (continued):
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as
Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of
Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection
as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods
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 Neff House is 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 County 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
19306 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 El Toro Marine Base during World War 11, 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 (2007), Floral Park maintains
its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens.
The Neff House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification
of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as
"Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the
Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture", as well as its
association with Paul W. Neff, long term owner and reporter/editor for the Santa Ana Daily Evening Register, a precursor to
the Orange County Register located in Santa Ana. Character-defining exterior features of the Neff House that should be
preserved include, but may not be limited to, smooth stucco exterior cladding, original windows where extant, front door, and
front porch configuration.
*B12. References (continued):
Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998.
Marsh, Diann. Santa Ana. An Illustrated History. Encinitas, Heritage Publishing, 1994.
McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984.
National Register Bulletin 16A. How to Complete the National Register Registration Form. " Washington DC: National
Register Branch, National Park Service, US Dept of the Interior, 1991.
Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969,
"Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date.
Santa Ana and Orange County Directories, 1924-1935.
OPR 523L Page 4 of 4
25E-10
MILLS ACT AGREEMENT
413 West Santa Clara Ave.
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 15, 2010 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 Raymond D. and Linda L. Chapel, (hereinafter referred to as "Owners"),
owner of real property located at 413 West Santa Clara Avenue, Santa Ana, California, 92706
in the County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California
Government Code Section 50280 et seq. (known as the "Mills Act") to enter into
contracts with owners of qualified historical properties to provide for appropriate
use, maintenance, rehabilitation and restoration such that these historic properties
retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property
together with associated structures and improvements thereon, located at 413
West Santa Clara Avenue, 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.
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EXHIBIT 3
25E-11
MILLS ACT AGREEMENT
413 West Santa Clara Ave
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 15, 2010, 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
non-renewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the
Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual
renewal date, one (1) year shall automatically be added to the term of the Agreement as provided
herein.
C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a
written protest of City's decision of nonrenewal. The City may, at any time prior to the annual
renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal.
d. If either the Owner or the City serves notice to the other of nonrenewal in any
year, the Agreement shall remain in effect for the balance of the term then remaining, either from
its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following
conditions, requirements and restrictions:
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25E-12
MILLS ACT AGREEMENT
413 West Santa Clara Ave-
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.
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25E-13
MILLS ACT AGREEMENT
413 West Santa Clara Ave
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 '/z) 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 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 of this Agreement. No waiver by
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25E-14
MILLS ACT AGREEMENT
413 West Santa Clara Ave.
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 413 West Santa
Clara Avenue, Assessor Parcel Number, 002-123-21, 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: Raymond D. and Linda L. Chapel
413 West Santa Clara Avenue
Santa Ana, CA 92706
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25E-15
MILLS ACT AGREEMENT
413 West Santa Clara Ave.
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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25E-16
MILLS ACT AGREEMENT
413 West Santa Clara Ave.
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: CITY OF SANTA ANA
MARIA HUIZAR DAVID N. REAM
Clerk of the Council City Manager
PROPERTY OWNERS
Date: By:
Raymond D. Chapel
Date: By:
Linda L. Chapel
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Joseph Fletcher
City Attorney
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25E-17
MILLS ACT AGREEMENT
413 West Santa Clara Ave.
Santa Ana, CA 92706
Exhibit A
Lot 239, Tract 425, North Broadway Park Tract, in the City of Santa Ana, County of Orange, State of California, as per map
recorded in Book 16, Pages 33 and 34 of Miscellaneous Maps in the Office of the County Recorder of said County.
Assessor Parcel No. 002-123-21
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25E-18
MILLS ACT AGREEMENT
413 West Santa Clara Ave.
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
I
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25E-1 9
MILLS ACTAGREEMENT
413 West Santa Clara Ave
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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25E-20
MILLS ACT AGREEMENT
413 West Santa Clara Ave.
Santa Ana, CA 42706
Exhibit C
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25E-22