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Home My WebLink About75A - PH - APPEAL SEXLINGER PROPERTY 1584 E SANTA CLARA AVEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 4, 2012 TITLE: PUBLIC HEARING - APPEAL NO. 2012-01 (HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-01) FOR THE SEXLINGER PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15' Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Affirm the Historic Resources Commission's denial of Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01. 2. Adopt a resolution denying Appeal No. 2012-01. HISTORIC RESOURCES COMMISSION ACTION On April 5, 2012, following a duly noticed public hearing, the Historic Resources Commission denied Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01 by a vote of 5:2 (Christy and Yrarrazaval opposed; O'Callaghan absent). The Historic Resources Commission (HRC) staff report is attached as Exhibit A. The Commission cited the following reasons for their denial of the application; concerns about the property owner's opposition to the listing, the overall quality of the site as a historic resource, and the fact that the designation would not necessarily result in the long-term preservation of the property. The Commission's decision to decline to list the property on the City's historic register has been appealed to the City Council by a group calling itself the "Save Our Orchard Coalition" (Exhibit B). On May 5, 2012, the appeal application appeared on the City Council's agenda. As part of the public comment on this item, a letter was received from the California State Historic Preservation Officer. The Council elected to continue this item to June 4, 2012, so a complete review of this letter and all public comments could be completed. The appeal application cites four factors that the appellants believe support the listing of the Sexlinger property. They are as follows: 75A-1 Appeal No. 2012-01 (HRCA No. 2012-01/HRC No. 2012-01) June 4, 2012 Page 2 Condition of the Orange Trees - The appellants have stated that the condition of the trees on the site has been misrepresented and that the trees are healthy and commercially viable, in contrast to the findings of the studies contained within the TAVA Draft Environmental Impact Report (DEIR). They provide as supporting evidence the findings of an "on-site appraisal" by Bob Knight, the founder of the Inland Orange Conservancy. They clarified during the public hearing that they had not gone on site to assess the trees, as the site is private property with no public access, but rather made their assessment based on a visual survey of the trees on the perimeter of the site. The supporting letter to the appeal application states that the City has inaccurately characterized the trees as "dead and dying" referencing the Cultural Resource Study prepared by Discovery Works. The Archaeological section of the Discovery Works study from the DEIR presented the findings of an on-site intensive survey stating "that many trees are in poor condition; a few trees, that appear to receive water from the neighboring properties, are producing oranges." However, the Historical Overview contained in the Discovery Works study includes a statement that refers to the trees as "dead and dying." The source of this statement was Phil Brigandi, who is a noted local historian and former Archivist for the County of Orange. He further noted that the trees, "may have suffered from the "Quick Decline" of the 1940s and 1950s, or simply have reached their productive lifespan, usually 30-50 years." This may refer to the current condition of the grove, which is no longer fully planted and has many missing trees. The historical analysis prepared by Sapphos Environmental in 1997, which is an exhibit in the DEIR, states that, "The trees of the grove, while fallow, appear alive and still produce oranges." There have been no specific biological assessments of the health of the trees. The City received a letter in opposition to the listing from Dwight and Lowell Schroeder, as well as testimony from them during the HRC public hearing. In their letter and comments at the public hearing they stated that they believed the condition of the grove to be of poor quality and, further, that the property lacked major features, such as a barn and irrigation system, that would have distinguished it as a good example of a small, family citrus farm. The Schroeders based their opinion on their family's experience of having actively cultivated small family orchards since the 1880's, as well as their own familiarity with the Sexlinger property through their long-time residency in the neighborhood and their relationship with Martha Sexlinger, the last occupant on the property. The HRC considered this testimony in their decision not to list the property. Contribution of Small, Family-based Citrus Operations - The appellants state that the City did not give adequate consideration to the role of the "small, family-based citrus grower' in the historical development of the citrus industry in its assessment of the historic significance of the property. This is important in assessing the property's eligibility for the California Register of Historical Resources (CRHR), which is also used as a CEQA threshold. Under Criteria 1 for CRHR eligibility, a property can be considered as a historic resource if it is found to be "associated with 75A-2 Appeal No. 2012-01 (HRCA No. 2012-01/HRC No. 2012-01) June 4, 2012 Page 3 events that have made a significant contribution to the broad patterns of California's history and cultural heritage." Neither of the assessments contained in the Discovery Works study or subsequent revised Cultural Resources Analysis for the TAVA DEIR found the Sexlinger property to be eligible for the CRHR due to its small size and lack of connection to broader, statewide historical patterns. In contrast, the Sapphos Environmental study did state that the property appeared to be eligible for the CRHR under Criteria 1. Following the filing of the application for appeal of the HRC's decision the City received a letter of opposition to the appeal from the Schroeders (Exhibit C). The Schroeders again reiterated that the property lacks many of the features necessary to have it be considered a good example of a citrus farm and also cited many other reasons why the property should not be listed. The action before the HRC was to make a determination of eligibility for the Santa Ana Register of Historical Properties. The State's eligibility requirements were not a part of this assessment, primarily because the State will not list a property against the property owner's wishes. The staff recommendation was to consider listing under the City's Criteria 6, which relates to buildings or structures that were connected with a business or use which was once common, but is now rare. The recommended categorization was "Key" which refers to a building, structure, object or site that is characteristic of a significant period in the history of the city. Some members of the HRC noted that, while the citrus industry had played a significant role in Santa Ana's history, that the Sexlinger property was not a particularly good example. This view is substantiated by the Schroeder's testimony. "Active Participation" of Landowner in Maintaining Historical Property - In deliberating the decision to list the Sexlinger property the HRC discussed the property owner's responsibility to rehabilitate, preserve and maintain the orchard and house in a manner that would be consistent with its historic designation, particularly given the fact that the property owner was opposed to the listing. Staff explained that the listing would not require the property owner to meet the Secretary of the Interior's Standards for historic properties, but that they would need to maintain it in a manner that ensured public safety. Staff also noted that the historic designation would not preclude the property owner from eventually demolishing the house and grove. Section 30-7 of the SAMC outlines a process under which a property owner, after having exhausted a variety of alternatives for preserving the resource, can demolish the site. Given that the listing would not ensure long term preservation or eventual demolition, the HRC, declined to list the property. Financial Impact of Historic Preservation on Property Valuation - The Sexlinger property is currently the subject of a proposed residential project that conforms to the current Low Density Residential land use designation contained in the General Plan. In their letter opposing the listing, the property 75A-3 Appeal No. 2012-01 (HRCA No. 2012-01/HRC No. 2012-01) June 4, 2012 Page 4 owners, Lutheran High School of Orange County and Concordia University, stated that the historic designation could reduce the potential value of the land and make the proposed project economically infeasible, which would constitute an economic impact to them. The appellants state that the potential for economic impacts to the property owner "should be irrelevant to the process." While the potential for economic impacts are not listed as a criterion for consideration in the City's historic designation standards, the potential for such impact to the property owner cannot be dismissed. The property currently has a General Plan land use designation and zoning that are consistent with the proposed single-family residential project proposed for the site. The property owner has asserted its right to use the property in a way that complies with City requirements and presents an economically viable return on its asset. This was a concern for the HRC and was one factor in their decision. RECOMMENDATION Since the City began listing properties on the SARHP there have been seven cases where the HRC denied the listing based on the property owner's opposition. There were two additional cases in which the properties were listed by the HRC against the property owner's wishes that were then appealed to the City Council and subsequently not listed. SAMC Section 30-8 (g) states that "The Council may, after public hearing, affirm, reverse, change, or modify the original [HRC] decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter [30]." Based on the deliberation and action taken by the HRC to decline to list the property, staff recommends that the City Council affirm the action of the HRC and deny the appeal. FISCAL IMPACT There is no fiscal impact associated with this action. J M. Tre ino Executive Director Planning & Building Agency HS:rb hs\Historic Info\040512HRC\hrca.hrcl2-01.Appeal.060412.cc Exhibit: A. Historic Resources Commission Staff Report B. Appeal Application C. Dwight & Lowell Schroeder Letter D. Letters of Opposition E. Resolution 75A-4 REQUEST FOR Historic Resources Commission Action HSTORIC RESOURCES COMMISMN N EETM DATE: APRIL 5, 2012 TITLE: PUBLIC HEARING - HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-01 FOR THE PROPERTY LOCATED AT 1584 E. SANTA CLARA AVENUE Prepared by Hally Soboleske HISTORIC RESOURCES C)OMM1S M SECRETARY APPROVED ? As Recommended ? As Amended ? Set Public Hearing For CONTINUED TO Executive Director Planning Manager RECOMMENDED ACTION Adopt a resolution approving Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01. Reauest of Applicant This request is for a site, which includes a farmhouse and orange orchard, to be designated to the Santa Ana Register of Historical Properties (Exhibit 1). The City of Santa Ana prepared this nomination in response to public request to determine the site's historic merit. Prolect Location and Site Description The subject property Is rectangular in shape, and is located at 1584 East Santa Clara Avenue. It is approximately five acres in size, and includes a 1,350 square foot Craftsman-style farmhouse and a Valencia orange grove of approximately 250 trees. The site is surrounded primarily by residential land uses with Portola Park immediately to the east. The property is zoned R1 (Single Family Residential) with a General Plan Land Use Designation of LR-7 (Low Density Residential). It is located within the Portola Park neighborhood. The residence was constructed in 1914 by Perry V. Grout, but was sold shortly thereafter to George and Sophia Sexlinger. Members of the Sexlinger family resided in the home until 2006. Prolect Backaround Upon her death in 2006 Martha Sexlinger, the last member of the Sexlinger family then residing on the property, passed ownership of the property to Concordia University Foundation and the Lutheran Church of Orange County. Exhibit A i 75A-5 HRCA No. 2012-01 HRC No. 2012-01 April 5, 2012 Page 2 In early 2007, the Historic Resources Commission requested that the Sexlinger property be analyzed for a determination of eligibility for historic designation to the Santa Ana Register of Historical Properties. In response, Sapphos Environmental (historic consultant for the City) evaluated the site, and prepared a Memorandum for the Record indicating that the site was eligible for the local historic register and potentially eligible for the California Register. This information was offered to the Historic Resources Commission; however, it was also noted that the property ownership was in transition, and that it was unlikely that the owner would be able to actively participate in the nomination process. The Commission deferred nomination until such time that a property owner could actively participate in the application. Subsequent to this action the new property owners entered into a purchase contract with Empire Homes. In September of 2007 a development proposal was submitted for the site by Empire Homes for a 24-unit single-family residential project. The project also included the proposed demolition of the Sexlinger farmhouse and removal of all remaining orange trees. The proposed project triggered the California Environmental Quality Act, and preparation of an Environmental Impact Report (EIR) commenced. The 2008 Draft EIR that was prepared for the Empire Homes project by URS environmental consultants included a cultural analysis of the site by historic sub-consultant, Discovery Works. This analysis concluded that the site was not eligible for historic status on either the local level or the state level. The Discovery Works report stated that the Sexlinger farmhouse was not architecturally significant, nor the work of a master architect or builder, and small orange groves such as the Sexlinger orchard did not play a significant role in the growth and development of Santa Ana. Although Discovery Works did have the opportunity to review the Sapphos Memorandum for the Record, the Discovery Works report stated that by 1910, large commercial groves, and their subsequent development, influenced the pattern of development throughout the city, but that small family-owned operations did not greatly affect growth patterns. Before the EIR process could be completed, Empire Homes withdrew from the project due to a downturn in the economy. The EIR was never publicly released. In 2010, the TAVA Development Company took up the project. The City subsequently resumed the EIR process with URS as consultants. TAVA Development also proposed 24 single family residences on the site, along with the demolition of the farmhouse and orchard. The draft EIR was released, and public concerns were raised regarding the potential historic and cultural significance of the site. The Cultural Section of the EIR was revised to evaluate the site in great detail. A Department of Parks and Recreation (DPR) form was created for the property which provides a complete assessment of the site for historic, architectural, and cultural significance (Exhibit 2). This form is used by the State of California for historic documentation. 75A-6 HRCA No. 2012-01 HRC No. 2012-01 April 5, 2012 Page 3 The DPR for the final EIR for the TAVA Development project concluded that the Sexlinger site was eligible for inclusion on the Santa Ana Register of Historical Properties under Chapter 30 of the Santa Ana Municipal Code (SAMC) Section 30-2, Criterion 6: "Buildings or structures that were connected with a business or use which was once common, but is now rare" (Exhibit 3). However, the analysis did not conclude that the property was eligible for the State or National historic registers. Analysis of the Issues In March 1999, the City Council approved an ordinance establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in section 30-2. Specifically the property, object, structure or site must be at least 50 years old and must meet one or more of a set of eligibility criteria. The Sexlinger farmhouse and orchard meet the minimum selection criteria of being 50 years or older and further meet the criteria listed under 30-2, Criterion 6, pertaining to buildings or structures that were connected with a business or use which was once common, but is now rare. According to the Cultural Resources section of the Draft EIR prepared for the TAVA development project, the Sexlinger property is the last intact orange grove in Santa Ana remaining from the period of time when orange growing was the predominant business and land use in this area JAVA Development Project; Revised Cultural Resources Section Draft Environmental Report, p. 5; December 2011). As such, the Sexlinger property meets criteria 30-2 (a)(6). Following the establishment of eligibility the code provides criteria for the level of categorization; Landmark, Key or Contributive. In this case staff recommends that the property be listed in the "Key" category based on its compliance with Section 30-2.2 (2)(b) which pertains to buildings, structures, objects or sites that are characteristic of a significant period in the history of the city. Orange growing was once a predominant industry and land use in Santa Ana and exemplifies an important period in the City's history. Although Chapter 30 of the SAMC allows for designation of resources that are connected with a land use that was once common, but now rare, the commission has not used this finding in previous designations. Of the more than 400 properties currently listed on the SARHP none are for sites as a whole, but only for the structure on the site. In these cases, changes to the landscape may be made without the need to comply with the City's standards for historic preservation because they do not affect the structure. However, listing the Sexlinger farmhouse and orchard entails maintaining the structures, as well as the presence of orange trees in the existing landscape design. This is an 75A-7 HRCA No. 2012-01 HRC No. 2012-01 April 5, 2012 Page 4 important distinction. The historic significance of this property is its configuration as an intact small family orange grove containing the original orange trees and farmhouse. Adding new landscape components, uses or structures, or changing the configuration of the site would not meet the Secretary of the Interior's Standards for historic resources, and therefore, must remain a physical record of the period of significance, place, and use. Property Owner Consent Chapter 30 of the SAMC does not require owner consent for designation to the Santa Ana Register of Historical Properties; however, it does require that they be notified. The property owners were notified of the proposed historic listing and have submitted a letter or protest to the listing. It is the opinion of property owners, Concordia University Foundation and the Lutheran Church of Orange County, that the aforementioned restrictions associated with the preservation of the historic landscape reduces the potential value of the land (preservation rather than future development). The property owners are opposed to the historic designation of this site. A copy of the letter is attached as Exhibit 4 to this staff report. Public Notification The subject site is located within the Portola Park neighborhood. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing, and contacted by the case planner by telephone. Additionally, a list of people who expressed interest in the proposed project at the site was also notified by mail. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. The property owners and applicant were also contacted by phone regarding this action. At the time of this printing, no correspondence other than that provided by the property owner, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31 which exempts projects limited to the preservation of historic resources in a manner consistent with the Secretary of the Interior's Standards. A Categorical Exemption will be filed for this project. 75A-8 HRCA No. 2012-01 HRC No. 2012-01 April 5, 2012 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Historic Resources Commission adopt a resolution approving Historic Resources Commission Application No. 2012-01; and adopt a resolution approving Historic Resources Categorization No. 2012-01. jjRh# I Hay Sobo ske Associate lanner HS:jm WHislodc Into1040512HRC1hrce.hrcl2-01.040512.hrc Attachments: Exhibit 1 - Radius Map Exhibit 2 - Executive Summary & Template Exhibit 3 - Applicable portion of SAMC Ch. 30 Exhibit 4 -- Letter of Opposition from Property Owner 75A-9 500' RADIUS H RC/H RCA-2012-01 1584 E. Santa Clara Avenue PLANNING AND BUILDING AGENCY EXHIBIT 1 75A-10 r t: EXECUTIVE SUMMARY Sexlinger Farmhouse and Orchard 1584 East Santa Clara Avenue Santa Ana, CA 92705 NAME Sexlinger Farmhouse and Orchard REF. NO. ADDRESS 1584 E. Santa Clara Ave. CITY Santa Ana ZIP 92705 ORANGE COUNTY YEAR BUILT 1913 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD Portola Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ? Not for Publication ® Unrestricted ? Prehistoric ® Historic ? Both ARCHITECTURAL STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow/Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453-463). SUMMARY/CONCLUSION: The Sexlinger Farmhouse and Orchard is substantially intact as a rural/agricultural landscape with a Craftsman Bungalow and Valencia orchard In proximity. The site as a whole portrays a significant period in Santa Ana's history, and is associated with a business and use that was once common, but is now rare. The site is eligible for the Santa Ana Register of Historical Properties as Key under Criterion 6. EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 75A-11 State of CaNfornia - The Resources Agency DEPARTMENT OF PARIS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary# P-30-179880 HRIN Trinomial NRHP Status Code Reviewer Date Page 1 of 17 *Resource Name or g: (Assigned by recorder) 1584 E. Santa Clara Avenue P1. Other Identlf/er: SOX* er Orchard *P2. Location: ? Not for Publication ® Unrestricted *a. County: QMM and IP2c, Pte, and P215 or P2d. Attach a Location Map as necessary.) *b. USGS 7.6' Quad OWL0 Date 1974 To, R f WA A of WA % of Sec 5 B.M. MD c. Address 1584 E. Santa Clara Ave City Santa Ana Zip R M d. UTM: (Give more than one for large and/or linear resources) Zone 11, 421730 mE/ 3736573 mN e. Other Locational Data: (e.g., parcel X, directions to resource, elevation, etc., as appropriate) APNs: 396-052-43 and 396.052-44. The specific project location is bounded roughly by East Santa Clara Avenue to the north, Portola Park on the east, East Avalon Avenue on the south, and Concord Street on the west. *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) This property was previously recorded in 2008, and assigned P-30-179880. The 5-acre property Is an historic-age orchard landscape of which the major features Include the remnants of a Valencia orange orchard, a residence, and a garage (McClelland at al. 1989, Revised 1999:15-18; Dolan 2009:180). The land has been historically used as an orange orchard since c. 1913, when it was likely planted by Perry Grout, and as the Sexllnger family's residence and orchard from 1914 to 2006. The boundary of the landscape is demarcated by the boundaries of the 5-acre parcel occupied by the Sexiinger family for 90 years. The landscape's spatial organization Is very simple with only two clusters of land uses: residential (the residence and garage) at the northwest corner of the parcel adjacent to a main thoroughfare, Santa Clara Avenue, and the orchard that fills the remaining northeast portion of the parcel. SEE CONTINUATION SHEET P3b. Resource Attributes. (List attributes and codes) Orchard Landscape - HP 33 *P4. Resources Present. ®Building ?Structure ?Object ?Site ?District ?Element of District IMOther (Isolates, etc.) Orchard Landscape P5b. Description of Photo: (view, date, accession !f) View of Orchard, November 2011 W. Date Constructed/Age and Source. ®Historic ?Prehistoric ?Both c. 1913 (orchard), 1914 (residence) (per Heumann and Howell- Adila 2007 and Padon and Marvin 2008) W. Owner and Address: M to *P8. Recorded by. (Name, affiliation, and address) URS Corporation *P9. Date Recorded: December 2011 *P10. Survey Types (Describe) DOM Investigation *P11. Report Citatlon: (Cite survey report and other sources, or enter "none.") Supplemental Technical Memorandum -Cultural Resources Efigjbjlity Assessment of 1684E Santa Clara Ave Santa Ana California TAVA Development Company Project December 2011 *Attachments. ?NONE ?Location Map 1XIContinuation Sheet ®Building, Structure, and Object Record ?Archaeological Owe 2 of 6 *Requked Information DPR 523A 11195/ 75A- 1 AC 4225 Executive Sayers. Suite 1600 San Dieno, CA, 92037 page 3 of 5 DPR 523A 111951 75A-1 3 "Required Information Record _?District Record Minear Feature Record i7MiNing Station Record ORock Art Record i7Artifact Record [Photograph Record _OOther (List): y , GEL MP, t 1 t Z' re ( 91, f` All ?1 . y r '9 U) d 9 0O O d rn bik? Ac v5 a?l0 U •t v Ram r >?, ?yry Iz. Ott W! , ;Al Or . ? a '.?F ,?,r?,' t ya,x, b^r.v ??!T?j??,? 1 `? .-- ?t.: •?? E?y}.. F. I +? i i.' .,+ x ?'.. g T tf .?? O?_ ?rk, n ? . x ? ° t O J? IOV r ? ? 11 ?I 75APle4o'5 I w ,C } Y! O s`, C ,C s w CC Q Exercepts of Chapter 30 of the Santa Ana Municipal Code Sec. 30-2. Criteria for selection. (a) Any person or group may request a building, or part thereof, structure, object or site, to be designated to be included on the city register of historical properties (called "register" in this section). The applicant must submit documentation that demonstrates how the nominated building, structure, object or site satisfies the criteria for designation. A building, structure, object, or site may be designated for inclusion on the register if the building, structure, object or site is fifty (50) or more years old and if the commission finds that one (1) or more of the following conditions are met: (1) Buildings, structures or objects with distinguishing characteristics of an architectural style or period, that exemplify a particular architectural style or design features; (2) Works of notable architects, builders, or designers whose style influenced architectural development; (3) Rare buildings, structures, or objects or original designs; (4) Buildings, structures, objects or sites of historical significance which include places: a. Where important events occurred; b. Associated with famous people, original settlers, renowned organizations and businesses; C. Which were originally present when the city was founded; or d. That served as important centers for political, social, economic, or cultural activity. (5) Sites of archaeological importance; (6) Buildings or structures that were connected with a business or use which was once common, but is now rare. (b) The owner of a property(s) must be notified of its nomination upon receipt of an application by the planning and building agency. Upon adoption and placement of the property on the register, the resolution of designation shall be recorded with the county recorder's office pursuant to California Public Resources Code section 5029, as it may be amended from time to time. (Ord. No. NS-1519, § 1, 3-17-80; Ord. No. NS-2338, § 3, 12-1-97; Ord. No. NS-2455, § 4, 12-4-00; Ord. No. NS-2521, § 5, 1-21-03) EXHIBIT 3 Page 1 of 2 75A-16 Sec. 30-2.1. Criteria for selection; exceptions. A building, structure, object or site less than fifty (50) years old may be nominated provided that it can be proven to be of exceptional significance as outlined in subsections 30-2(a)(1)--(6). (Ord. No. NS-2338, § 4, 12-1-97; Ord. No. NS-2455, § 5, 12-4-00; Ord. No. NS-2521, § 6, 1-21-03) Sec. 30-2.2. Categorization. The historic resources commission shall, by resolution and at a duly noticed public hearing, place all buildings, structures, objects, or sites on the city register of historical properties in one (1) of the following categories based upon the criteria for each category: (1) Landmark category. a. The building, structure, object or site is on the national register or appears to be eligible to be placed on the register; or b. The building, structure, object or site is on the state register or appears to be eligible to be placed on the register; or c. The building, structure, object or site has an historical/cultural significance to the city; or d. The building, structure, object or site has a unique architectural significance. (2) Key category. a. The building, structure, object or site has a distinctive architectural style and quality; or b. The building, structure, object or site is characteristic of a significant period in the history of the city, or c. The building, structure, object or site is associated with a significant person or event in the city. (3) Contributive category. The building, structure, object or site contributes to the overall character and history of a neighborhood or district and is a good example of period architecture. The historic resources commission may after a duly noticed public hearing revise, or modify any such categorization upon reconsideration of the historical or architectural importance of the places therein described. (Ord. No. NS-2417, § 1, 1-18-00; Ord. No. NS-2455, § 6, 12-4-00; Ord. No. NS-2521, § 7, 1-21-03) Page 2 of 2 75A-17 March 21, 2012 Ms. Karen Haluza, AICP Planning Manager City of Santa Ana Planning and Building Agency *M20 Post Office Box 1988 Santa Ana, CA 92702 RE: Sexlinger Property -- Voluntary Listing Dear Ms. Haluza: CONCORDIA ?1PtiV1;1U'lil" The undersigned are representatives of Lutheran High School of Orange County and Concordia University Irvine, the current owners of the property referenced above. Both institutions were formed years ago as religious, non-profit, corporations. Although we are separate, we are both Lutheran Church - Missouri Synod eduicational institutions with the shared mission of spreading the gospel message of salvation by grace, through faith in Jesus Christ. We write this letter because we oppose the listing of the property as a historical resource property. There are several reasons why we - as the current owners - oppose this action. First and foremast, however, we ask that you consider the desires of tine fonner owner of tine property, our Christian sister Mrs. Martha Sexlinger. Dining her life here on earth, Mrs. Sexlinger was a friend and supporter of both of our organizations. She lived on the property and operated tine orchard. As she drew closer to the end of her life, she could have chosen to seek a historical resource property listing for her tionne and orchard. She could have sold the property to an agricultural enterprise, or even gifted it to the City for park or educational purposes. However, she chose to gift the property to us - knowing that her property was not close enough to either of our campuses to be of direct use to us, and knowing ftirther that neither of us offers educational programs that could make use of an orchard. The obvious purpose of Mrs. ScAinger's gift to us was (and is) to have us sell the property to provide funds for our ongoing mission. As stewards of her gift, therefore, we have entertained offers to sell Mrs. Sexiinger's property. We have discovered through conversations with the City that (lie use of a commercial orchard is not in conformance with the General Plan designation and zoning for the site. Rather, the property is zoned for residential housing. Consequently, we have submitted a proposed subdivision plan that is in compliance with the General Plan, zoning and subdivision ordinance. Developing Wise, l ionorahie, and Cultivated Citizens - -?-- - ts's1 r^n??.e, v`AZ? ,.,xsa.aooz • . 1.edv ,:.o IIvi.lr.calilm Aia 229-1200 4, j 92612.3203 E EXHIBIT 4 70A I tS We have been processing a plan to subdivide and develop residential housing on the property for over lour years. During that process, ninny consultants and interested citizens have offered opinions on environmental, cultural and economic matters related to our proposed development plan. Your committee, the City Planning Commission and, ultimately, the City Council will be required to consider that input and make specific findings regarding our proposal. Should you decide to ignore Mrs. Sexlinger's wishes and recommend the listing of (lie property as a historical resource property, we ask you to consider the certain result of such action. If the property were to be listed, it would need to remain as a residential home and home-owner operated orchard (commercial operation of the orchard is not allowed under the current zoning). Because it is not economically feasible to operate the orchard, and because the current home is in a dilapidated condition, it is very unlikely that we will receive any economically feasible offers to purchase the property. We would have very few options left, and it is likely that the properly would remain in its abandoned state for some time. We have been informed that three consultants have reviewed Elie property to offer their recommendation as to whether the criteria for listing can even be achieved. We understand that two consultants believe that one criterion for listing might be met. However, one of the consultants has specifically opined that the property does not meet any of the criteria, and that the property does not qualify for listing. As we are sure you are well aware, there arc laws that protect religious instihitions like ours when government regulations take away it property's economic value. 'I'here is evidence in the record before you that supports a decision not to list this property. Moreover, because the former owner of the property had no desire to force the perpetual use of (he property as an orchard, and because the current owners have no inclination or desire to continue that use an the property, we ask that you recommend that the property not be listed. Sincerely, j , t'?? ?) f a 7) t" 1-t Gregg Phrick Executive Director Lutheran High School of Orange County Kevin Tilden Executive Vice President of Finance and Chief Financial Officer Concordia University Irvine 75'A-19 75A-20 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 APPEAL APPLICATION :....... .............. ...:....,.,..;,,.,..:, s? 1. OWNER/APPLICANT Applicant Save Our Orchard Coalition P.O. BOX 10038 Full name of Person, Firm, or Corporation ( 714 ) 296-4642 Am)] Mailing Address Area Code Phone No. Legal Owner Name: Concordia University Irvine Legal Owner Address: 1530 Concordia West, Irvine, CA 92612 Orange Lutheran High School, 2222 Santiago Blvd. Orange, CA 92867 Phone No.: (949 ) 854-8002 11. PROPERTY INFORMATION (714) 998-5151 Fax: ( Land Use Agriculture R1 LR ExlsNn Land Use of Properly and/or Building Zoning District General Plan Designation Location 1584 P. Santa Clara venue Tustin Avenue Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) We are formally challenging the decision of the Santa Ana Historic Resources Commission that denied the listing of the Sexlinger Orange Orchard Complex on the Santa Ana Register of Historical Properties. The following details our challenge. Please see attachment for our detailed argument. Applicant's 5igna l.Y>!l J hate: PYWVI,Lf 116, 1'1' 0, . APPEAL APPLICATION NO. __ d24I a 1 cmtcnlr4mi?appeal 6/00 Exhibit B 75A-21 SAVE OUR ORCHARD COALITION P.O. Box 10038, Santa Ana, CA 92711-0038 April 16, 2012 Hally Soboleske, Associate Planner Santa Ana Planning & Building Agency 20 Civic Center Plaza,.Ross Annex Santa Ana, CA 92702 RE: Historic Resources Commission Application No. 2012-01 Historic Register Categorization No. 2012-01 For the property located at 1584 E. Santa Clara Avenue Dear Ms. Soboleske, We are formally challenging the decision of the Santa Ana Historic Resources Commission that denied the listing of the Sexlinger Orange Orchard Complex on the Santa Ana Register of Historical Properties. The following details our challenge. The five-acre property, known locally as the Sexlinger Orange Orchard, Is one of only a handful of heritage orchards remaining in the County of Orange, according to the OC Weekly (June 24-30, 2011; Vol. 16, No. 43, pp.56-57). And, of the listed properties, the Sexlinger example is the only orchard that is intact and not a remnant of its original size and composition. This orchard complex, consisting of 230 mature, productive Valencia orange trees and the original residence occupied continuously by the Sexiinger family for 92 years, is the sole remaining archetypal representative of this important historical era in our community. The Sexlinger orchard complex possesses three crucial elements imbedded in any formal evaluation of historical significance: integrity, uniqueness, and representativeness of the resource. The contextual integrity of the property is established through the association between linked features, elements, or activities; in this case, the presence of a heritage orchard (230 trees), original acreage (1913), original family residence (1914), and continuous family occupancy for nearly a century (92 years). This resource is undoubtedly worthy of our protection and preservation. The city of Santa Ana, in its recommendation that the Historic Resources Commission "adopt a resolution approving the Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01," has recognized the historical significance of the property. This view is explicitly expressed in the historical property's nomination "Executive Summary," (pursuant to Chapter 30 of the City's Municipal Code): Preserving History & Heritage Promoting Edrrcuition & Health Producing Food & lobs www,saveourorcisartl.org clefendourordrard@gmaif.com www.facebook.com/saveourorchard 75A-22 "The Sexlinger Farmhouse and Orchard is substantially intact as a rural/agricultural landscape with a Craftsman Bungalow and Valencia orchard in proximity. The site as a whole portray's a significant period in Santa Ana's history, and Is associated with a business and use that was once common, but Is now rare. The site is eligible for the Santa Ana Register of Historical Properties as Key under under criterion 6." It should not be overlooked that whereas all previous listings on the city's Register of Historical Properties (excluding local historic districts) are for single buildings or structures, the 2012-01 recommendation acknowledges the importance of contextual and associational factors in ascribing "significance" to historical properties by nominating both the "Sexlinger Farmhouse and Orchard,," and, thereby, would establish a precedent for more inclusive consideration of historic status in the future. Although the Save Our Orchard Coalition was pleased the city chose to recommend adoption of resolution HRCA No. 2012-01 /HRC No. 2012-01, we were nonetheless dismayed with the tone of the oral argument made by the city before the Historic Resources Commission. The presentation itself came across as apologetic and dismissive. It Identified and emphasized weaknesses of historic status determination made in earlier drafts of the TAVA-EiR which had subsequently been challenged and/or revised in later versions of the document. Specifically, reference was made to poor condition of the orchard and insignificance of small-family orchard operations to the overall regional citrus industry. Both characterizations have been demonstrated to be factually incorrect, either through expert testimony or re-interpretation of the EIR consultant's own data. As a result, we feel the case for adopting the resolution for listing the Sexlinger Orange Orchard on the city's Register of Historical Properties was weakened from the outset. Our appeal of the HRC denial of the resolution begins with the tenor and attitude reflected above. The following factors -- each, and in combination -- we believe may have, inappropriately (and in error), contributed to the decision to deny "historical properties" status. 1. Condition o Orange{ Trees: The characterization of the orange trees as "dead and dying" has persisted since 2008 when the Discovery Works, Inc. "Cultural Resource Study" was drafted in response to the Empire Homes, Inc. proposed housing project. SOOC has consistently challenged this inaccurate and misleading assessment with current photographs of the orchard, Invitations for public viewing of the orchard, and through on-site appraisal by regionally- recognized citrus experts. Bob Knight, owner-operator of Old Grove Orange in Mentone, California and Founder and Coordinator of the Inland Orange Conservancy, a fourth generation southern California citrus grower, has observed the Sexlinger Orange Orchard to be In overall "good condition" despite years of neglect (i.e., lack of irrigation, pruning, etc.). Mr. Knight further suggests the orchard is "commercial grade" -- capable of being profitably operated. (Testimony contrary to this evidence was given before the HRC by Lowell and Dwight Schroeder, two brothers who live close to the Sexlinger property and, also, were small-scale commercial citrus growers.) Preserving History & Heritage Promoting Education & flealtli Promoting Food & Jobs 75A-23 2. Contribution of Small, Fgrnilly-based Citrus Operations: The dismissal of small, family-based citrus growers as having any significance in the local citrus industry has plagued the historical assessment of the Sexiinger property ever since the release of the Discovery Works, Inc. "Cultural Resource Study" (2008). SOOC, and others, have challenged this erroneous misinterpretation using the EIR consultant's own data. In contrast, it would seem small family-based citrus farms were the core of the local Industry: more than 96% of the county's citrus growers had farms of less than 20 acres each, yet produced upwards of 72% of citrus revenues - ca. 1930 (TAVA-DEIR, Section 5.4.3, pp. 5-26). Additionally, the California Fruit Growers Exchange (later to become "Sunkist") was founded in 1892, specifically, to facilitate the marketing of local citrus crops in southern California by providing picking, packing, and shipping services to the burgeoning numbers of family growers. 3. "Active Participation" of Landowner in Maintaining Historical Prol2ertk The commission expressed concern that if the Sexiinger orchard complex were listed as a city historical property It may be subject to "willful neglect" on the part of the landowner, since both Concordia University Irvine and Orange Lutheran High School formally expressed opposition to historical listing of the property. The issue being that although "active participation" is desired there is nothing compelling maintenance or upkeep on the part of the property owner -- thereby, resulting in continued degradation of the resource. Albeit understandable to consider this issue as relevant to the long-term success of the property, it Is not a requirement for nomination, or listing: Chapter 30 of the Santa Ana Municipal Code ees not require owner consent for designation to the Santa Ana Register of Historical Properties. And, furthermore, if "willful neglect" is in evidence the city has other avenues it can pursue to ensure owner upkeep of the property, including code enforcement measures which have been in force at the subject property for years (e.g., weed abatement). If the issue of "willful neglect" or purposeful destruction were to become an overriding concern the city could follow the recommendations issued for demolition of historic properties. SAMC-Chapter 30, Section 30-7 states that in cases of "intent to demolish an historic property ... the commission shall investigate all feasible alternatives to demolition" by seeking buyers for the property, including city purchase when feasible. 4. Financial Impact of Historic Preservation on Property-Valuation: A number of comments were made, and questions asked, by the commissioners reflecting a concern for the property rights of the owners. The city's recommendation indicates both Lutheran schools "... are opposed to the historic designation of this site" on the grounds that ".., preservation of the historic landscape reduces the potential value of the land" (vis-a-vis development). The schools argue "... it is not economically feasible to operate the orchard ..." siting current zoning and General Plan designation which does not allow commercial operation of the orchard. And, as a result, "... it is very unlikely that we will receive any economically feasible offers to purchase the property." It's clear the schools view the Sexiinger Orchard and Farmhouse as an endowment for their institutions, and It is equally clear that some commission members are sympathetic Preserving history & Iieritage Promoting Education & Health Promoting Food & lobs 75A-24 to this claim. Two commissioners bemoaned the difficult financial position in which many private schools currently find themselves. Be that as It may, financial need is not a criterion for, or against, eligibility, nomination, or listing as a historical property. Frankly, this concern should be irrelevant to the process. It is the contention of the Save Our Orchard Coalition that each of the issues outlined above did contribute inappropriately and/or erroneously to the Historic Resource's Commission decision to deny the resolution approving the listing of the Sexlinger Farmhouse and Orange Orchard to the Santa Ana Register of Historical Properties. We respectfully ask the Santa Ana City Council to reverse this denial. Sincerely, Nick Spain eannie Gillett Senior Advisor Coordinator Save Our Orchard Coalition Save Our Orchard Coalition 10"I"'er"M 1119tory & 11CMa9e I1r01110thig Edura ull & 114-,11111 Promo llig Food & Jobs 75A-25 75A-26 Letter of Support Exhibit C 75A-27 Dwight & Lowell Schroeder 2332 Old Grand Street Santa Ana, CA 92705-6963 714-547-3104 April 24, 2012 City Council, City of Santa Ana, CA. City of Santa Ana Planning and Building Agency. RE: Appeal Application No. 2012-1 Santa Ana Historic Resources Commission denial of listing of the Sexlinger Orange Orchard Complex on the Santa Ana Register of Historical Properties. We wish to rebut the allegations of the Save Our Orchard Coalition (SOOC) in their Appeal Application dated April 16, 2012. We further urge the denial of the appeal and also urge the confirmation of the April 5, 2012 decision of the Santa Ana Historic Resources Commission to reject Application No. 2012-01 and Historic Register Categorization No. 2012-01. The appellant described the orange orchard as "intact" of its original composition. In fact, the original grove consisted of about 420 orange trees, of which about 230 are remaining, a loss of about 45%. The appellant also feels that the arguments made on April 5 in favor of the proposal were weak. However the majority of persons making comments were in favor of approval The appellant also listed several factors which it believes may have contributed to the decision to deny "historical properties" status. These are: 1. Condition of Orange Trees. Because of our lifelong experience with the orange growing business, we feel that we can offer a valid opinion about the present condition of the trees remaining on the Sexlinger property. My brother and I are 86 and 87 years of age and have lived in the immediate area of the subject property for all of those years except for some time in the US Navy and while away at school. Our grandfather arrived in Santa Ana in 1880 and purchased 25 acres of farm land along Santa Clara Avenue from Lincoln Ave. to Old Grand Street. As we were growing up on this farm it was devoted to production of oranges and walnuts. We participated in all of the typical farming operations such as irrigation, fertilization, cultivation with a tractor and hoeing weeds. We are familiar with the pest control methods, picking of the fruit and marketing by the Santiago Orange Growers Association. In 1946 and 1954, we each built our current homes on part of the original family farm along Old Grand Street. We continue to irrigate and maintain about 100 orange trees and 30 avocado trees adjacent to our homes. The Sexlingers were friends and neighbors of our family. In recent years we have helped Martha Sexlinger with some issues of pest control and other items on her property. Despite valiant efforts by Martha, the grove fell into decline. This was largely due to the loss of irrigation water about 1974 when Santa Ana Valley Irrigation Company ceased operation. 75A-28 It is our opinion that the present condition of the grove does not provide a valid representation of a typical historic orange growing operation. Old time growers would find such a designation as ludicrous. 2. Contribution of Small Family-based Citrus Operations. We do not dismiss the small, family-based citrus growers as being important in the citrus industry. Our original farm of 25 acres was a small family-based operation. We do not know the statistics of orange groves in the northeast area of Santa Ana, but we doubt that there were any operations larger than 40 acres; all were owned by families. The main characteristic for farms of about 5 acres is the lack of onsite equipment and tools of production. These include barns to house horses or tractors and the various cultivation tools such as, discs, harrows, and furrowing equipment. The small farms would contract with neighbors or others for this work. 3. "Active Participation" of Landowner in Maintaining Historical Property. It is correct that the Municipal Code does not require owner consent for designation to the Register of Historical Properties. However, such a designation does have consequences. It would be a dereliction to ignore these consequences. SOOC suggests that the city could use code enforcement measures to ensure owner upkeep of the property. This in effect is to force the owner to operate what essentially is a business and to engage in commerce. The entire historic reason for having an orange grove was to engage in a profitable enterprise. No attempt has been made to develop a cost analysis of how to restore and to operate this 5 acre area as a productive orange grove. How would the fruit be processed and marketed? It seems highly doubtful that any city or governmental agency has the power to force anyone to make annual expenditures in a business venture that has virtually no prospect of having a market. It is fairly obvious that the "Active Participation" and "willful neglect" factors were intended to apply to a fixed structure such as a home or office building. These structures have relatively small annual expenses. An orange grove of 430 trees has major annual expenses for irrigation water and other costs without prospect of offsetting income. Irrigation water would come from the domestic water system of the City of Santa Ana. Would irrigation water be cut off in event of a water shortage? 4. Financial Impact of Historic Preservation of Property Valuation. No one has suggested that the preservation of this property as an historic site can increase the market value of the property. It should be obvious that such a designation makes it much more difficult for the owner to pursue an alternative use of the property that provides a fair market value for the property. It is understood that the counsel to the Historic Resources Commission indicated that a land owner of property designated as historic could still convert the property to other uses. The designation is recognized as being an impediment to processing the change. It is instructive to review the "Save Our Orchard Coalition Mission and Goals" which are available on the internet. The Goals are: "1. Stop the proposed 24-unit housing development at our historic orchard. 2. Acquire the five-acre orchard from the current owners-Concordia University Irvine and Orange Lutheran High School, Orange. 75A-29 3. Secure ongoing financial support to rehabilitate and maintain the existing orchard & farmhouse and develop additional facilities as part of the Sexlinger Center for Urban Agriculture." The first goal represents the initial reaction of some residents in the area who want to stop further development of the type they have enjoyed. This opposition then morphed into the SOOC. The second goal is admirable and could be supported, but only if the funds are from private persons and not public funds. The third goal is also similar to the second in context. It is further instructive to examine the plot plan of the redevelopment of the 5 acres proposed by SOOC. This is attached as Exhibit 1 for reference. This proposes the removal of all of the existing trees and replacement with about 130 trees in about 5 separated locations. The existing home would be moved to a new location and two new structures provided. There would also be 16 parking spaces. It also should be noted that should SOOC acquire ownership of this property, a prior designation of the site as historic might impede the major changes contemplated, whereas, the lack of the designation would not impede any probable use by SOOC. Who would control the use of the community gardens to insure that discrimination does not occur? It is offensive and definitely misleading for SOOC to use the term "Our Orchard". SOOC has no ownership interest in this property. Goals 1 and 2 of SOOC illustrate this improper usage. Goal 1 says "our historic orchard" while Goal 2 refers to "the current owners- Concordia University ". Reference to "additional facilities as part of the Sexlinger Center for Urban Agriculture" gives a false impression that such an organization is now in existence. You should not make any decision regarding this property without giving consideration to the wishes of the Sexlinger family for the disposition of the property. The family was dedicated to and loved their church. It was customary for that generation to make significant bequests to their church. Martha and her family knew full well that this meant conversion of their property into something other than production of oranges. Dwight and Lowell Schroeder. Attachment: Exhibit 1. Proposed plot plan. 75A-30 1t-.r r l 7r .Fxr_7y_?v i ri 7 r- , _ t 1 - - Lc vAAAVh tiY lyeYt. ?' ti! - i rj W i I 75A-31 75A-32 Letters of opposition Exhibit D 75A-33 STATE OF CALIFORNIA -THE NATURAL RESOURCES AGENCY Edmund G. Brown, JR., Governor OFFICE OF HISTORIC PRESERVATION DEPARTMENT OF PARKS AND RECREATION 1725 23`d Street Suite 100 SACRAMENTO, CA 94296-0001 (916) 445-7000 Fax: (916) 445-7053 calshpo@parks.ca.gov April 30, 2012 Mayor Miguel Pulido and City Council City of Santa Ana P.O. Box 1988, M-31 Santa Ana, CA 92701 RE: Sexlinger Orchard and Farmhouse National Register Eligibility Honorable Mayor Pulido and Council Members: The Office of Historic Preservation has recently received draft National Register of Historic Places forms and photographs for the Sexlinger Orange Orchard and Farmhouse in Santa Ana. Based on our preliminary review of the documentation we find the Sexlinger Orange Orchard and Farmhouse eligible for listing in the National Register of Historic Places as well as the California Register of Historical Resources. The Sexlinger Orange Orchard and Farmhouse is a rare, intact example of a historic citrus farm in a region of the state where the rapid pace of growth continually threatens the last vestiges of its rich agricultural history. This five-acre orchard, purchased in 1913 and occupied continuously by the Sexlinger family for 92 years, represents a period in history when small-scale citrus growers and modest family farms were one of the most important businesses driving southern California's economy and culture. The Sexlinger Orange Orchard and Farmhouse retains a high degree of historical integrity for listing in the National Register of Historic Places under Criterion A (Association with important events) and Criterion C (Embodies the distinctive characteristics of a type, period, or method of construction). I support and encourage all efforts to preserve this tangible link to Santa Ana's rise as a commercial and civic center that served the regional citrus industry. If you have further questions, please contact Jay Correia, Supervisor of the National Register Unit, at (916) 445-7008 or icorrCaD-parks.ca.gov. Sin a el , Milford Wayne onaldson, FAIA State Historic P servation Officer 75A-34 Mitre-Ramirez, Norma From: Huizar, Maria Sent: Monday, April 30, 2012 10:07 PM To: Trevino, Jay; Mitre-Ramirez, Norma Subject: Fw: Sexlinger House and Orchard Hearing Another letter for agenda packet. From: Stephen Manning <smanning@gmail.com> To: Huizar, Maria Cc: jeannie@saveourorchard.org <jeannie@saveourorchard.org>; Jeff Dickman <dickmanaj@att.net> Sent: Mon Apr 30 21:32:27 2012 Subject: Sexlinger House and Orchard Hearing Dear Mayor and Council, Before you, there is a decision that is literally, of historic importance. One of the great things about our City, is it's history, we've come to be known for historic buildings and architectures that draw people to our city to take in the rare historic experience that only exists here, in the heart of Orange County. This history that tells the story of how our aptly named County of Orange got it's start, the citrus industry and properties like the Sexlinger House and Orchard are vital parts of that history. Without the Sexlinger House and Orchard, our city and county lose a vital piece of the story that began a rich history that is still being made today. Please consider adding this historically important property to our Register of Historic Properties. Thank you for considering the historic importance of our community to not only us, but those who look to us to tell the story throughout the County, State and Country. Kind Regards, Stephen Manning 75A-35 Mitre-Ramirez, Norma From: Huizar, Maria Sent: Tuesday, May 01, 2012 10:51 AM To: Trevino, Jay Cc: Mitre-Ramirez, Norma Subject: FW: Sexlinger House and Orchard And yet another letter.... From: Sylvia Salenius [mailto:bykrbind@yahoo.com] Sent: Tuesday, May 01, 2012 10:38 AM To: Huizar, Maria Cc: smsalenius@aol.com Subject: Sexlinger House and Orchard Honorable Mayor Pulido and Members of the Santa Ana City Council Too many of our city's young people and new residents, even long time residents for that matter, have no idea of the agricultural history of Santa Ana. It would be a shame not to protect that history to share with our citizens. I, therefore, respectfully request the Santa Ana City Council add the historic Sexlinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year-old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small-scale farm that once provided citrus to the rest of the nation. Thank you in advance for your thoughtful consideration of this request. It is one I trust you will be able to wholeheartedly support. Yours Truly, Sylvia M. Salenius 919 N. Olive St. Santa Ana, CA 92703 i 75A-36 Mitre-Ramirez, Norma From: Huizar, Maria Sent: Tuesday, May 01, 2012 4:18 PM To: Trevino, Jay Cc: Mitre-Ramirez, Norma Subject: FK Sexlinger Property Another one just received. From: dihard@aol.com [mailto:dihard@aol.com] Sent: Tuesday, May 01, 2012 3:48 PM To: Huizar, Maria Cc: jeannie@saveourorchard.org Subject: Sexlinger Property Honorable Mayor Pulido and Members of the Santa Ana City Council: It is my undertanding that it has been recommended by some members of the City's Historic Resources Commission that the Sexlinger property on Santa Clara be added to the City's Register of Historic Properties. As a resident of the area around this property, I feel it would be in the best interest of all concerned that this remain undeveloped. I can understand both sides of the argument but in certain instances, local government must take a stand, not just for individual rights of ownership and money, but for more intangible reasons. I respectfully request the Santa Ana City Council add the historic Sexlinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year-old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small-scale farm that once provided citrus to the rest of the nation. We must preserve history for all Santa Ana residents to have a thorough understanding of the agricultural roots of this county. Only then can we appreciate the present. Thank you in advance for your consideration of this request. Yours truly, Diana Hardy Mereith Parkwood Neighborhood Association 75A-37 Mitre-Ramirez, Norma From: Huizar, Maria Sent: Tuesday, May 01, 2012 4:24 PM To: Trevino, Jay Cc: Mitre-Ramirez, Norma Subject: FW: Please save these structures/heritage I think I sent this one already, but wasn't sure. From: Cherie Kerr [mailto:cherie_kerr@kerrpr-execuprov.com] Sent: Tuesday, May 01, 2012 8:27 AM To: mhuizar@santa-ana.org.; jeannie@saveourorchard.org Subject: Please save these structures/ heritage Honorable Mayor Pulido and Members of the Santa Ana City Council I respectfully request the Santa Ana City Council add the historic Sexlinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year-old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small-scale farm that once provided citrus to the rest of the nation. Thank you in advance for your consideration of this request. support. Yours Truly, Cherie Kerr Kerr PR ExecuProv DePietro Performance Center 809 N. Main Street Santa Ana, CA 92701 P: 714 550-9900 F: 714 550-0825 cherie@kerrpr-execuprov.com 1 75A-38 Mitre-Ramirez, Norma From: Huizar, Maria Sent: Wednesday, May 02, 2012 6:47 AM To: Trevino, Jay Cc: Mitre-Ramirez, Norma Subject: Fw: Sexlinger House and Orchard Another letter from Jeff Dickman. From: dickmanaj@att.net <dickmanaj@att.net> To: Huizar, Maria Cc: Jeannie <jeannie@saveourorchard.org>; French Park@yahoogroups.com <FrenchPark@yahoogroups.com>; Nick Spain <defendourorchard@gmail.com> Sent: Tue May 01 22:44:49 2012 Subject: Sexlinger House and Orchard Good evening Maria, would you provide a copy of this email to the City Council for the Monday, May 7, 2012 meeting? Thank you in advance for you help. Jeff Dickman Honorable Mayor Pulido and Members of the Santa Ana City Council The historic Sexlinger House and Orange Orchard are truly the last intact example of a farm house and citrus orchard in the City of Santa Ana. I ask for your help to add the house, and its accompanying orchard, to the City's Register of Historic Properties. The house and orchard qualify for addition to the City's Register under Criterion 46, because it represents a business that was once common. Recently I spoke at the Historic Resources Commission on this same subject. At that time I noted that we often preserve grand homes because of their distinctive architecture and the live-styles of the people who resided in them. By doing this we often neglect the homes and businesses of the common person, and the role they played in the development of the City. Small-scale citrus growers, like the Sexlingers, not only contributed to the local economy, they also supplied fruit to larger growers for shipment to areas well beyond Orange County. Without your help, the Sexlinger house and orchard will be razed and replaced with tightly packed, single-family homes. If the house and orchard are added to the City's Register their significance will, at the very least, be finally recognized. Recognition is also an important first step to possibly purchasing the land to preserve the house and orchard for future generations to visit and enjoy. Thank you in advance for your consideration of this request. Should have any questions, I can be reached at (714) 240-0883. Jeff Dickman 1218 N. French 75A-39 May 01 12 10:13p Ed & Janice Lawlor 714-547-2131 p.1 i To: I Maria Huizar 714-647-6956 In reference to the Sexlinger House and Orchard Hearing, we would like to make our support for the Save Our Orchard Coalition known to the City Council. As resi ents that will be adversely affected by the construction of homes on this pro erty, we strongly oppose this plan, and are strongly in favor of including this location in the City's Register of Historic Properties. Res c ectfully, Roger E & Janice J Lawlor 152 E Avalon Ave San a Ana, CA 92705 75A-40 Honorable Mayor Pulido and Members of the Santa Ana City Council I respectfully request the Santa Ana City Council add the historic Sexiinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year-old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The ho i?sJn goA, , __ condition and the orchard continues to produce fruit. Both the house and orchard are alt 'ftfellea? example of a small-scale farm that once provided citrus to the rest of the nation. Thank you in advance for your consideration of this request. Yours Truly, John and Blanche Barneich 24541 Heliotrope Drive Santa Ana, CA 92706 ?.r t ,• -41 F 75A-41 May 2, 2012 . .r. ?_, 5 j ti iL =z RE: Historic Resources Commission Application No. 2012-01 Historic Register Categorization No. 2012-01 r''' ' For the Property located at 1584 East Santa Clara Avenue, Santa?Ana, CA `" Sexlinger Farmhouse and Orchard Honorable Mayor Pulido and Members of the Santa Ana City Council I have lived in Orange County all of my life. I have seen orchard after orchard, farm after farm razed in the interest of progress and growth. It is time to take a serious look at what `progress' and `growth' mean to this city in 2012. 1 believe that you have a rare and unparalleled opportunity before you. Not only is the Sexlinger Orange Orchard deserving of listing on our Register of Historical Properties it would be the only property of its kind on our listing - a five-acre orchard and family farm house - a century-farm. It is the last remaining representation of a rich history that exemplifies the business that fueled our economic engine for decades - agriculture. It is not unimportant to recognize that the City of Santa Ana has been interested in the Sexlinger property and its value to our community for decades. In 1967 the City attempted to condemn the property with the plan of extending Portola Park, noting "... that the city of Santa Ana, in comparison to cities of similar size, is considerably short of park and recreation area ...". And, this orchard farm was, in 2006, being considered for preservation when the SAHRC chair Cook-Giles suggested that "staff do an evaluation for consideration on the Historic Register for the property at 1584 E Santa Clara, last farm house on five acres." We do not have to recognize only those opulent and splendid homes from our past. In this diverse city, both in economic and ethnic terms, its appropriate to acknowledge and remember the small farmer who not only was a part of the agricultural economy, but was the very fabric of the community. The small farmer and his family lived, shopped and, worshiped here. Their children attended our schools. They supported the various businesses that made our city thrive. In addition, you do not have to make your decision about eligibility and inclusion on our Register based on the findings of a research firm - Sapphos Environmental, Discovery Works, URS, Inc. Simply stated, this property meets the criteria, in our City's Municipal Code, Chapter 30, necessary to be included on our register. Sec. 30-2. - Criteria for selection. (a) Any person or group may request a building, or part thereof, structure, object or site, to be designated to be included on the city register of historical properties (called "register" in this section). The applicant must submit documentation that demonstrates how the nominated building, structure, object or site satisfies the criteria for designation. A building, structure, object, or site may be designated for inclusion on the register if the building, structure, object 75A-42 or site is fifty (50) or more years old and if the commission finds that one (1) or more of the following conditions are met: (6) Buildings or structures that were connected with a business or use which was once common, but is now rare. It is your duty as stewards of our community and all the makes it diverse and unique to include this last vestige of our agricultural history on the Santa Ana Register of Historical Properties (SARHP). I ask that you use this opportunity to include this rare gem in our SARHP under the Landmark category. Sec. 30-2.2. - Categorization. (1) Landmark category a. The building, structure, object or site is on the national register or appears to be eligible to be placed on the register; or c. The building, structure, object or site has an historical/cultural significance to the city: Thank you for your time and consideration. Sincerely, Jeannie Gillett, RN, CPN 1421 East Franzen Avenue Santa Ana, CA 92705 714-296-4642 Save Our Orchard Coordinator P.O. Box 10038 Santa Ana, CA 92711-0038 Page 2 75A-43 Bruce T. Bauer .2109 N. Rosewood Avenue Santa Ana, CA 92706 (949) 293-5311(C) Honorable Mayor Pulido Members of.the Santa Ana City'Council Re:. Sexager House and Orange Orchard on the City's Register Dear Honorable. Mayor Pulido and Members of the Santa Ana City Council: I respectfully request the Santa Ana. City Council add the historic Sexlinger.House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City-through this last example. of, the once thriving citrus industry. The nearly 100 year-old farm house and orchard qualify for addition to the City's Register since it represents -a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small-scale farm that once provided citrus to the rest of the nation. Thank you. in advance for your consideration of this request. support. 75A-44 Mitre-Ramirez, Norma From: Huizar, Maria Sent: Wednesday, May 02, 2012 2:35 PM To: Trevino, Jay Cc: Mitre-Ramirez, Norma Subject: FW: Sexslinger House and Orange Orchard Another letter From: Molly Matteson [mailto:mollhead@att.net] Sent: Wednesday, May 02, 2012 1:09 PM To: Huizar, Maria Cc: jeannie@saveourorchard.org Subject: Sexslinger House and Orange Orchard Honorable Mayor Pulido and Members of the Santa Ana City Council: I respectfully request the Santa Ana City Council add the historic Sexlinger House and Orange Orchard to the City's Register of Historic Properties, so future generations of Santa Ana residents can learn about the history of the City through this last example of the once thriving citrus industry. The nearly 100 year-old farm house and orchard qualify for addition to the City's Register since it represents a business that was once common. The house and orchard are on its original site adjoining the City's Portola Park. The house is in good condition and the orchard continues to produce fruit. Both the house and orchard are an excellent example of a small-scale farm that once provided citrus to the rest of the nation. Thank you in advance for your consideration of this request. Yours Truly, Molly Matteson 75A-45 ?ka.5 .aft ... !??'ATISTICAL 6.0 - ARCHAEOLOGY • ANTHROPOLOGY • HISTORY • HISTORIC ARCHITECTURE May 2, 2012 Santa Ana City Council Members P.O. Box 1988, M-31 Santa Ana, CA 92701 Honorable Mayor and Council Members, RE: Appeal of City of Santa Ana's Historic Resources Commission decision to deny listing of the Sexlinger Orchard and Farmhouse on the City's Register of Historical Properties It is the goal and mission of the State Historic Resources Commission (SHRC) to support the preservation of important historical resources occurring throughout our state, especially resources that are both rare and significant to California's rich agricultural history. The Sexlinger Orange Orchard and Farmhouse, located within the City of Santa Ana, is a rare remaining example of this important historical era in a part of the state where the rapid pace of growth has threatened the last vestiges of agricultural history. As such, the preservation of the Sexlinger Orchard Farm is an important and worthy endeavor and as a member of the SHRC, I support this action. This original five-acre heritage orchard purchased in 1913, and occupied continuously by the Sexlinger family for 92 years, is an archetypal representative of an era when small-scale citrus growers and modest family farms were the backbone of California's agricultural industry. And, at a time when small family farms dotted the landscape and formed the nucleolus of our communities, the City of Santa Ana developed as a commercial and civic center by serving the surrounding agri-businesses, including the citrus industry. It is clear from its participation in the Certified Local Government Program (CLG-Office of Historic Preservation) that the City of Santa Ana appreciates the value of its historical legacy And, to the extent that the Sexlinger Orchard Farm represents a historically significant contribution to that legacy, the I encourage and support efforts to preserve this important resource. 4??44X, X??' _,%44k Donn R. Grenda, Ph.D., RPA President Member, State Historical Resources Commission CALIFORNIA Redlands 21 W. Stuart Ave. P.O.Box390 Redlands, CA 92373-0123 (909) 335-1896 (909) 335-0808 (fax) San Diego 555 W. Beech St. Suite 215 P.O. Box 82404 San Diego, CA 92138 (619) 299-9766 (619) 299-9774 (fox) Woodland 211 Court St. Woodland, CA 95695 (530) 661-1400 (530) 662-5500 (fax) ARIZONA Phoenix PO. Box 27748 Tempe, AZ 85285-7748 (480) 774-1920 (voice & fax) (480) 600-8692 (cell) Tucson 6099 E. Speedway Blvd. P.O. Box 31865 Tucson, AZ 85751-1865 (520) 721-4309 (520) 298-7044 (fax) NEW MEXICO Albuquerque 4425 Juan Tabo Blvd. NE Suite 112 Albuquerque, NM 87111-2681 (505) 323-8300 (505) 323-8314 (fax) (505) 331-2491 (cell) TEXAS El Paso 8201 Lockheed Dr. Suite 125 El Paso, TX 79925 (915) 781-2200 (877) 781-2205 (915) 781-2201 (fax) WASHINGTON 1110 Golf Club R Lacey d. SE Suite 102 Lacey, WA 98503 (360) 918-8621 (360) 915-6531 (fax) (360) 480-5601 (cell) wwwadcrm.com RESEARCH, Inc. 75A-46 Honorable Mayor Pulido and Santa Ana Council Members: I have lived in the same house (less than half a mile from the beloved Sexlinger Orchard - on the corner of Keegan Way and Linwood off of Fairhaven and Grand Avenue) for almost 46 years (as of next month). 1_-have had the heartbreaking honor of watching every last orchard in the entire area fall to needless housing, while there is a surplus of iiot mn@ all over. The memorial "orchard" at Hart Park does not even get watered on a regular basis.- nice memorial! When we moved here it was rural area and quite lovely. Now it is an over populated area riddled with crime and indiffereri 'p. There are no more orchards or antique houses that are not in down town Orange by the Circle with only a few feet between each of them and no orchards. I can guarantee that Martha Sexlinger did NOT wish for her home and 250 orange trees (that she watered BY HAND -I watched her personally do it for years as I was walking home from the bus stop at Lyon across from her house) to be bulldozed for MORE needless housing (however her attorney will not return ANY phone calls, emails, letters, etc FOR YEARS about it, so what does that tell you about her true wishes versus money for the people involved now? What does her attorney have to hide?). You and I both know she wanted her house and acreage to be preserved for generations to come (or why not sell it off many years prior to her death and travel?) to enjoy what she did for so many years. She watered the trees via HOSE by her SELF for years to have everything destroyed? Do you really believe that? Are you willing to stick to that story for the tempting of money that you can't take with you from this life? The location of the LAST SIZEABLE ORCHARD IN SANTA ANA is right next to a park with ample parking. What more perfect place to have a learning center where schools come to see how to harvest citrus and how an almost 100 year old home looks? The money collected from the schools would MORE than pay for the upkeep of the site and any docent to guide them. A community garden would fit perfectly within that area and to teach our children how to plant, harvest and provide food for their families. Tanaka Farms has done a great job of what I am describing here and all four of my children have paid for the privilege to learn about how food is grown and to take some home to their families several times a year per child - WAY smarter for constant income than giving up the land to houses. If you add up $5-$10 per child, per school, weekly of 60 kids per class, per month, you can MORE than obtain the "real estate taxes" you so desire while still actually TEACHING kids useful skills and history. How can anyone possibly NOT see the benefits in this? There has not been ONE person I have talked to in the neighborhood and surrounding areas that has thought that 24 houses overpriced for our area is a better choice than preserving Martha Sexlinger's house and orchard for generations to come. NOT ONE PERSON. There are hundreds of acres in Irvine, Corona, Riverside, etc - so why this ONE LAST plot of beloved land in Santa Ana? There is NO viable reason not to declare this historic house and orchard exactly what it is - HISTORIC and should be preserved for generations to come. It is in a perfect area and centrally located for all areas schools to pay for the privilege to be a part of history and play at the park before returning to school. I highly suggest you see the benefits of what we are proposing and what had been done all over the place AND MAKING MONEY while not building needless houses on irreplaceable land and trees. This is really a "no brainer" if you think about it - the key to this is thin kin about it, thinking about your kids and grandkids and NOT going along with the landslide of "let's make money for the city", when you actually ARE making money for the schools, city and actually teaching children about history instead of the greed of property taxes. I BEG you to look at what is at stake - go LOOK at the property, look at Martha's house, see her adored trees and tell me she would want it torn down to put over priced houses that won't sell in this area (houses selling in the 400's won't sell - do you REALLY think houses in the 600's will sell here??). Hear me when I tell you she would NOT want her house, 75A-47 garage or personally tended trees DESTROYED (which she could have done at ANY time during her life and DID NOT) for needless housing. The GREAT thing is that elections are frequent and with the internet everyone can communicate so much more efficiently and quickly, your decisions and opinions matter and will be shared (like the fact that Miguel Pulido was only willing to give $5 to a local basketball team that is trying to go to NV and needs thousands - really, only $5?? - Good luck with that Mayor Pulido.... we ALL communicate). I hope you really look at what is at stake, as well as what is at stake for you and your career, Denny, Paula, Brittany, Brandon, Bridget and Brenna Duhn and Shirley Tapley ( 75A-48 ROH - 05/07/12 RESOLUTION NO. 2012-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL NO. 2012-01 AND AFFIRMING THE HISTORIC RESOURCES COMMISSION'S DENIAL OF HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-01 FOR THE SEXLINGER PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE (APPEAL NO. 2012-01) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 5, 2012, the Historic Resources Commission held a duly noticed public hearing to discuss placing the Sexlinger Property, located at 1584 East Santa Clara Avenue, Santa Ana, on the Santa Ana Register of Historical Properties and to categorize the property as Key. The legal owners of the subject property, the Concordia University Foundation and the Lutheran High School of Orange County, expressed opposition to placing the property on the local Historic Register. After the public hearing, the Historic Resources Commission, by a vote of 5:2 (Christy and Yrarrazaval opposed; O'Callaghan absent), denied Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01. B. The Historic Resources Commission's decision to decline to list the Sexlinger Property on the City's historic register was appealed to the City Council by a group calling itself the "Save Our Orchard Coalition" (Appeal No. 2012-01). C. On May 7, 2012, the City Council held a duly noticed public hearing on Appeal No. 2012-01 regarding the Historic Resources Commission's decision to deny placing the Sexlinger Property, located at 1584 East Santa Clara Avenue, Santa Ana, on the Santa Ana Register of Historical Properties and to categorize the property as Key. D. The Sexlinger Property is rectangular in shape, approximately five acres in size, and includes a 1,350 square foot Craftsman-style farmhouse and a Valencia orange grove of approximately 250 trees. The residence was Exhibit E Resolution No. 2012-XXX Page 1 of 4 75A-49 constructed in 1914 by Perry V. Grout, but was sold shortly thereafter to George and Sophia Sexlinger. Members of the Sexlinger family resided in the home until 2006. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 2: In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, which exempts projects limited to the preservation of historic resources in a manner consistent with the Secretary of the Interior's Standards. A Categorical Exemption will be filed for this project. Section 3: The City Council of the City of Santa Ana hereby denies Appeal No. 2012-01, and affirms the Historic Resources Commission's denial of Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; and the public testimony and correspondences, all of which are incorporated herein by this reference. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council of the City of Santa Ana, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this 7th day of May, 2012 Miguel A. Pulido Mayor Resolution No. 2012-XXX Page 2 of 4 75A-50 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2012-XXX Page 3 of 4 75A-51 LEGAL DESCRIPTION APN Address Owner Names Legal Description 396-052-14 1584 East Santa Clara Concordia CHAPMAN TR LOT BLK A Avenue University E1/2 N 10 AC W 50 AC S Foundation and 210.27 Lutheran High School of Orange County EXHIBIT A Resolution No. 2012-XXX Page 4 of 4 75A-52