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HomeMy WebLinkAbout25F - HPPA - 1911 N WESTWOOD AVE 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. 2010-17 FOR THE El Ordinance on 1" Reading PROPERTY LOCATED AT 1911 NORTH ? Ordinance on 2nd Reading ? Implementing Resolution WESTWOOD AVENUE ? Set Public Hearing For CONTINUED TO f J v FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached agreement with Ashley and Ninh Vu, property owners, for the structure located at 1911 North Westwood 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 Ashley and Ninh Vu, property owners, for the structure located at 1911 North Westwood 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. 25F-1 HPP Agreement No. 2010-17 November 15, 2010 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $89.74 to $448.88 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 HS:rb hs\historic info\mills act agreements\1911_N_Westwood\hppal0-17.cc Exhibit: A. Historic Resources Commission Staff Report 25F-2 REQUEST FOR Historic Resources Commission Action HISTORIC RESOURCES OOIVIVISSION NEETM DATE: HISTORIC FtESOtEKES CONOMSStOM SECRETARY OCTOBER 7, 2010 APPROVED TITLE: ? As Recommended HISTORIC PROPERTY PRESERVATION ? As Amended AGREEMENT NO. 2010-17 FOR THE PROPERTY ? Set Public Hearing For LOCATED AT 1911 NORTH WESTWOOD AVENUE CONTINUED TO Prepared by Hally Soboleske C~_~ --I Executi a Director Planning anager RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Ashley and Ninh Vu, property owners, for the structure located at 1911 North Westwood Avenue subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant The applicants, Ashley and Ninh Vu, request the approval of Historic Property Preservation Agreement No. 2010-17 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Folk House/Colonial Revival styled residence located at 1911 North Westwood Avenue and is within the West Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a 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 to maintain its character and appearance. 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. 5 F-3 HPPA No. 2010-17 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 as the A.T. Bates Ranch House and categorized as Key in May of 2005 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). 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. & J'/' 3 '&9C ar 7 Hal So eske Sergio o , A P Associat Planner Princi a PI r HS:jm hslhistodc infoVnills act agreements11911_N_Westwoodlhppa10-17.hrc 25F 4 21ST gT ~ J - tWA ~ 5 t tsw ~srsr cpQ, soTH ST aos ~gTM sT x sT v 18TH ST 0 r» 500' RADIUS HPPA-2010-17 1911 North Westwood Avenue PLANNING AND BUILDING AGENCY EXHIBIT 1 25F-5 25F-6 EXECUTIVE SUMMARY A. T. BATES RANCH HOUSE 1911 North Westwood Avenue Santa Ana, CA 92701 NAME A. T. Bates Ranch House REF. NO. ADDRESS 1911 North Westwood Avenue CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT Circa 1895 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N!A NEIGHBORHOOD West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 CALIFORNIA REGISTER STATUS CODE 5S Location: ? Not for Publication ® Unrestricted ? Prehistoric ® Historic ? Both ARCHITECTURAL STYLE: Other. Folk House (1-House Variant), Colonial Revival Folk houses, often simply labeled "vernacular houses," reflect nation-wide traditions of basic housing built without regard for architectural styles and fashions. While early folk houses utilized indigenous materials, forms, and labor, the spread of the railroads and the advent of balloon framing enabled subsequent construction to take advantage of inexpensive building materials such as mass-produced lumber. Although the materials and the methods evolved, the forms generally did not. Simple side-gable, "I-Houses" (defined as houses that are two rooms wide, one room deep, and two stories in height, as opposed to the one-story "Hall and Parlor" houses) were derived from British precedents and were adapted to the United States by the additions of a front porch and a rear add-on. Such homes became the dominant pre- and post- railroad housing over much of the southeastern United States and elsewhere, lasting into the 201h century. 1-houses are typically side-gabled, wood-framed, and have porches, usually hipped or shed-roofed, attached to the fagade. Windows are generally double-hung sash, often in the tall and narrow proportions of the Victorian era. Variations in the type involve differing chimney placements, porch sizes, porch roof types, shapes of the rearward extensions that enlarged the interior space, and the addition of details borrowed from other styles. Hall-and Parlor houses and I-Houses evolved into "Massed-Plan, Side-Gabled" houses, which are more than one room deep and no longer have rear add-ons (McAlester, 94-98). The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side-gabled, hipped, or gambreled, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double-hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors. The Dutch Colonial Revival subtype always has a gambrel roof that encompasses almost a full second story. Early examples (circa 1895-1915) feature front-facing gambrels while side gambrels, often with long shed dormers are more common during the 1920s and 1930s (McAlester, 320-326). SUMMARY/CONCLUSION: The A. T. Bates Ranch House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of an architectural style or period, and under Criterion 7, as a building connected with a business or use which was once common, but is now rare. Additionally, the house has been categorized as "Key" because it "is characteristic of a significant period in the history of the City of Santa Ana," the agricultural period. (Municipal Code, Section 30-2.2). EXHIBIT 2 Page I of 6 25F-7 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.) 1: It is associated with events that have made a significant contribution to the broad patterns of local, California, or national history 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. Page 2 of 6 25F-8 State of California The Resources Agency Prinwry 8 DEPARTMENT OF PARKS AND RECREATION HRI ai« PRIMARY RECORD Trinomial. NRHP Stabs Code OItW Lisltngs Review Cods Revbwsr Dale Pays i of 4 Resource narmsts) or number (nsipnsd by recorder) A. T. Bates Ranch House P1. Other Identifier: •P2. Location: ONot for Publication ¦Urxestricted 'a. County Orange County •b. USOS 7.5' Quad Date: •c. Address 1911 North Yirestwood Avenue City Santa Ana Zip 92706 "e. Other Locatioml Data: Assessor's Parcel Number 399-071-07 'P3a. Description: (Describe resource and its maW elenur s. Indude des4n, materiais, condkiorr, aherations, size, settntq, and boundari a.) This kmw r rmh house stands in stfty contrast to its ruse recent neighbors. OriginW the house was accessed from Seventeenth Street on the south, so the cunvnt street (west facade was intended to be aside elevation. A complex roof composed of a gambrel, front and We gables, and shed and haled roof sections caps the two-story bulking. The oronal narrow clapboard sWV remains on some po?lbm of the exterior, prrmarW below a sIN level stringcourse on the ground ftw- and on the We of the liont gembnl and Ns cmtwft goblet. We stucco covets the remainder. Two ta0 and narrow double- hung sash w#rabnw are co nterod in the gambroi lace, ~ Is soxtA shad between the roof of a ck3p@d gable above it and a pentroo(befow it The kmvrstay knestrati r? lbah"s a triparNle window in the center bay, a shVe, doublet "shin the north bay, and a recessed porch corntobing the entry in the south bay. ANeragwo kxtude the replacement of the wkWows, addition of shutters, and replacement of the orlgdhal wood parch supports with lacy wrought ken in the New Odeens stye. The south elevation feaft"s a gabled second glary projection contsoft a pak of drxdre4mng sash windows ov&fb lk bg a w ood-reeled berry. On ft r"Ift ebvation. an nttachad bn ck chknney has been rebLWL Lustily kvxbcg)ed, the property is in excellent Bond ion. Despite the noted afteraborm the house appears substanNaity as It dd in historic photographs (see Cortk?uatim Sheet 4 of 4). •P3b. Resource Attributes: (Nd attrudes and codes) HP2. Single-family Property `P4. Resources Present: ¦BuikWV OStructure aObject OSite ODistrict 13Ekmert of District DOther P5a. Photo P5b. Photo: (view and date) K" eevation r Bench 201)4 a . "P$. Dab ConstructedlAige and Sources: ¦historic Ciroa 189&Souroe: Las, 1980. -r W. Owner and Address: - - K"W A. Massey 1911 N. ftstwood Avenue Santa Ana, CA 92706 W. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. N 204 Pasadena, CA 91105 •P!. Dab Recorded: April 21, 2004 •P10. Survey Type: hnfens" Survey Update 'P11. Report Citation: (010 survey sport and curer sources, or ~"none*) Lee, Kathleen. 'A. T. Bates Stock Ranch Home.' May 1880. •Attadwenb: DNo ne CLocation Map OSketch Map niContkwation Sheet tiBukling, Sbucbxe, and Object Record CArchae id" Record DAiaMct Record OLineer Feature Record OMMIng Station Record DRock AR Record DArftd Record Photograph Record O Other (k) DPR MA ("5) Page 3 of 6 'Requbw inMneadw 25F-9 i 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 A. T. Bates Ranch House B1. Historic Name: A. T. Bates Ranch House B2. Common Name: Ramsey House B3. Original Use: Single-family Residence 134. Present Use: Single-family Residence '135. Architectural Style: Other: Folk House (1-House Variant); Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 1895 August 13, 1948. Private garage, 20 x 24. February 15, 1954. New foundation and repairs to residence. August 2, 1954. Private garage, 18 x 20. May 11, 1994. Reroof with tear off. Remove composition shingles and replace with composition shingles (pitched area). Remove built up roof and replace with built up roof (flat area). '137. Moved? ¦No ?Yes ?Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown `610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 Property Type: Single-family Residence Applicable Criteria: NR: A,C, CR: 1,3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The A. T. Bates Ranch House is historically significant as a substantially intact remnant from the early agricultural period in Santa Ana and architecturally noteworthy as an example of a vernacular ranch house. The house is located on the former seventy-acre A. T. Bates stock ranch, apparently purchased by Bates from N. O. Stafford, Columbus Tustin, and Samuel Ross who in turn had acquired this section of the Rancho Santiago de Santa Ana from the Yorba family (Ramsey, page 120). Bates had come west during the Gold Rush, and upon settling in Santa Ana around 1870, occupied an existing adobe home on the ranch (Marsh, page 30). One of his early employees was Robert McFadden, another of the pioneers of Santa Ana as well as of Newport Beach. (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 Sanbom Maps (See Continuation Sheet 3 of 4.) Sketch Map B13. Remarks: O 'B14. Evaluator: Leslie J. Neumann O 398-071-07 1911 N. Westwood Avenue "Date of Evaluation: April 21, 2004 y V r (This space reserved for official comments.) O t "j I0 0 ~ O b O DPR 523B (1195) "Required Information Page 4 of 6 25F-10 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) A. T. Bates Ranch House `Recorded by Leslie J. Neumann, SAiC *Date April 21, 2004 0 Continuation ? Update "B10. Significance (continued): In 1910, father and son John B. and Merle Ramsey, who had come to Santa Ana in 1902 and subsequently set up business as plaster contractors, purchased fifteen acres of the ranch from a Mr. Talcott. By that time, the adobe had been replaced by the present house, estimated to have been built circa 1895 (Cultural Heritage Inventory, 1983). A bam with an attached bunkhouse was located west of the house (approximately where Westwood Avenue runs today). The Ramseys began tending the orange and walnut trees already on half of the acreage, and planted additional walnut trees and apricot trees on the vacant land. They also developed the Ramsey Apple" by grafting cuttings from their home in Ohio onto California rootstock. At the time of the Ramsey's purchase, the ranch, although located within the city limits of Santa Ana, was "far out in the country, " reached via dirt roads, with no nearby neighbors. The location of the property was understood to be the vicinity of Baker and Seventeenth. In 1921, father and son divided the property, with the father keeping the rear portion for farming and son taking the front in order to take advantage of the expanding residential area of Santa Ana by building houses. City directories in the 1930s list the address of John Ramsey as 1901 North Baker Street and of Merle Ramsey as 1101 West Seventeenth Street. Westwood Avenue north of Seventeenth, however, was not developed until the post World War 11 period, and the first building permit with the current address was recorded in 1948. Merle Ramsey recalled his life on the A. T Bates ranch in This Was Mission County: Reflections in Orange of Merle and Mabel Ramsey. published in 1973, and noted that the house remained exactly when; it had been, only surrounded by streets and houses. Ramsey also recalled unearthing several Native American artifacts on the property, most notably two stone pots discovered when they installed an irrigation system. Since the second half of the twentieth century, the neighborhood in which the A. T. Bates Ranch House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed during the 1950s, and the California Ranch style homes that characterized that era still dominate the streets of West Floral Park in the early twenty-first century. Although the A. T Bates Ranch House has been altered somewhat, its massing, roof configuration, the placement of the windows and doors, and plan features such as the porch and balcony still bear a close resemblance to historic photographs in the Ramsey book (see Continuation Sheet 4 of 4) and included in the documentation at the Santa Ana Library History Room (Cultural Resources Inventory, 1983). The house is vernacular in design, combining features associated with the Dutch Colonial Revival (the gambrel rood with the elements of the tradition of wood-framed folk houses (the overall massing, simplicity of design, and lack of ornamentation). In contrast to the mid twentieth century "California Ranch" style homes that have been built around it, the A. T Bates Ranch House is easily recognizable as a product of the nineteenth century. The A. T Bates Ranch House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a structure with the distinguishing characteristics of an architectural style or period, and under Criterion 7, as a building connected with a business or use which was once common, but is now rare. Additionally, the house has been categorized as "Key" because it "is characteristic of a significant period in the history of the City of Santa Ana, "the agricultural period. Character-defining exterior features of the A. T. Bates Ranch House that should be preserved include, but may not be limited to: original materials and finishes where extant; roof configuration and detailing, massing; windows and doors (including original placement dimensions, and materials where extant); porch configuration and original detailing, where extant,' brick chimney, and architectural details (such as the sill course and balcony). DPR 523L Page 5 of 6 25F-11 Slab of Ca9fiongs The Resources Agency PrwnwY 0 DEPARTMENT OF PARK$ AND RECREATION HRI # CONTINUATION SHEET Trinoawai Page 4 of -I- Resource Name or * (Assigned by recorder) A T. Oaks Ranch (louse 'Recorded by Leslie J. Neumann, SAIC -Date Apr# 21, 2004 M Continuation 0 update '812. References (continued): Hauls, Cyrd M. . New York, WW Norm, 1998. Marsh, Diann. Santa An&,_An HOMW H[atierv. Erxcitaa, Herkape PubN'WV, 1994. McAlester, Virgo and Lee. A flak Gukb to American /iouaes. New York: Afrod A. Knopf, 1984. Natrona! Register &*&M 16A. -How to Co Mute Bee NakxW Register ReylstrMlon Form." Vt9eshkVton DC. National Rooster BratecA, National Perk Sewtco, US Dept of the k0dor, 1991. Office of f *stow Preservation. kmdruchons for Recotding Hiatorkal Resources. " Ssommento: Manor 1995. KWffen, Marcus. Am tr on Amore Shoe 178. Cambridge: ART Bess, 1969. Sarits Ane and Orange Cdxrty Dkododes, 1901-1935. Armor, Samuel. fftimy of Oman Cour v. Los Angeles: Dory Record Company, 1921. Ramsey, Merle and Mabel with Warren F. Morgan. TINS Was Mission Cawetrv. Lagune Beach: Mission Printing Co., 1973. 'The A. T. Bafees Stock Renck Nome, " Cuftral 1Mrkage kworgay site C-13, Santa Ana Lit rwy History Room. P5b. Historic Photographs: zS Rt ceean yrc c nu PW4" ttw Past of tft OA 4'14-001*11 t wt time. -'T1 00 BATIES HOME 'dulv'#,1_ vvermvood. $r as, t -eo in t$72 ~ WT 1tF " 10 1 Source: Ramsey, Merle and Mebef with Warren F. Morgan. This Was Awaian Courtrr. 1973. i DpR sm Pam 6 of 6 25F-12 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this 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 Ashley and Ninh Vu, (hereinafter referred to as "Owner"), owner of real property located at 1911 North Westwood 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 Owner 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 possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1911 North Westwood 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. -1- EXHIBIT 3 25F-13 MILLS ACT AGREEMENT 1911 North Westwood Avenue 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 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: ii -2- 25F-14 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character- defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction 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. -3- 25F-15 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have 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 have 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 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 I -4- 25F-16 I MILLS ACTAGREEMENT 1911 North Westwood Avenue 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 subject the Historic Property, located at 1911 North Westwood Avenue, Assessor Parcel Number, 399-071-07, 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' 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: Ashley and Ninh Vu 1911 North Westwood Avenue Santa Ana, CA 92706 -5- 25F-17 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' 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- 25F-18 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID N. REAM Clerk of the Council City Manager Owner Date: By: Ashley Vu Date: By: Ninh Vu APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- 25F-19 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 Exhibit A TR 1280 LOT 15 NLY 70 FT -EX NLY 8 FT- Assessor's Parcel Number: 399-071-07 -8- 25F-20 MILLS ACT AGREEMENT 1911 North Westwood Avenue Santa Ana, CA 92706 Exhibit B the Historic Resources Commission and subject to the U.S. Exterior work shall be reviewed by ~ Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- 25F-21 MILLS ACT AGREEMENT 1911 North Westwood Avenue 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. -10- 25F-22 MILLSACT AGREEMENT 1911 Noi lk Watwbod Amnue Sonfe Any, C4 92706 Exhibit C (photograph attached) ilk r ~4 . ~ 4~ r i $ 3x.v 0 Front elevation -I1- 25F-23 1911 NORTH WESTWOOD AVENUE PHOTO LOCATION MAP WESTWOOD AVENUE 62.00 1 I i I I I 158.5 i 1 1 I I I I I I I I I I I I I NORTH -12- 25F-24