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HomeMy WebLinkAboutHRC FULL PACKET 2012-04-05~+ ~ ~., ~!~ ~~: 40 per. ~~~~ .~~~ ,'~ , ~i .1~11~2~~1 ~~~ ~~~ ~. ~~f .,~~y5s~ ~~~~~ .~ ~~~ ~ ' 'tf y~tt '~~ ~I ~~~~s~~~e, ~L'~~C~''~#1':t~~ ~t~ ~~v~t~~ }~~`~~ar~- ~-3~+~as~ £°_ ~!~~~ ~f~ ~€ A F~rt~~'i ~~11a~#r~ a~ ~'~~ 7,~-5~, flf a~~~Fitt #c~ ~~ ~~ ~~~ ~~ ~ kris ~ ~~a~~ ~ a~ ~ ~s ~ ~ ~ ~ fie. C~ ~~'~ .~ -- ~PI~B~.I~ ~Q ~~~'~ .mot ~~.~t`;E,dfy, +~ ~~ n art ~~r ~~~f~. Age~tt~~ 1rYr;~ ~at~slet~re zs i~ e~f~~e~',; ~i~~~~~tt~n,: ~~:~~' _ _ y ~~ l~ ~~r~ ~~~ie~~r'"~ fat ~ ~~a =: ~b~~ r ~}~~ r~uu i~ ~; ~ ~it~ ~~3 ~ ~~rn~:s~ aurs, ~: [ ~: ~ }~ x~t.:; ~~tlay ~~~~ ~K~d~ ~$' ~~~ Rvi~r'~ fold ~i~t'~~ ~f1, ~~~; ~ ~~„ ~c3 Cir~~-~~' ~~~, ~ _~ Ii~'R11'!~~ g11Q Gi L ~]+~~~~ ,/ ~~ ~`y~~' it .... ' " ant G~1~ar ~ mra~ters fi~ ~~ t~:~ ~~e~~ ~~~- ~~~ ~rr~~ ~c~+ ~~i3.1'lrc3J'1 T~i~~ ~ ~~i~.iJl~~~-'..,--I i.~ _ ,:- r ~~ F~ Wit. tcSa ~'. ~en~ '~~li ~ L ~s rec~~~r.~ ~ rya ~ ~3, ~ nari~~r~~~i~~ ~s t~e~cu~~ ~~~,~~ ~ r~~~ ,~f #~~ ~st~~ ~~ ~~'~! ~ ~t~ ate t~s ~srt~#a 1 ~ ~; ~~ ' ~ ~~ . : (#~ Vii' ~ ~ _ .'I :lN° t - - ~'~ 9 „~, w r _ :,~ w ~ ~ ~ ~ ;~ __ G~~V~~ ~~~ -- ~~; ~r ~~'t~ cif #: '~~i~~ Iaaa'~ ~'t~~ a ~ ~`~`~'~ ~ ~~C ~1~~ ~ ~` ~s ~~ ~~hi~ a ;~ ~. ~- -_ ~. ~' C. D. E. F. HISTORIC PROPERTY PRESERVATION AGREEMENT NO, 2011-06 (Nally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Jerome Morin for the structure located at 932 North French Street (Ratan House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Jerome Morin, property owner for the structure located at 932 North French Street subject to non-substantive changes approved by the City Manager and City Attorney. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-01 {Rally Soboleske} Filed 13y the City of Santa Ana to execute a historic property preservation agreement with Jose Luis Correa and Maria Esther Reynoso for the structure located at 2335 N. North Park Boulevard Street (Emison Georgieff House}. RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Jose Luis Correa and Maria Esther Reynoso, property owners for the structure located at 2335 N. North Park Boulevard subject to non- substantive changes approved by the City Manager and City Attorney. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2012-02 (Nally Soboleske} Filed by the City of Santa Ana to execute a historic property preservation agreement with Alfonso G. Cordaro for Corbin LLC for the structure located at 207 West Second Street (Southern Counties Gas Building}. RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Alfonso G. Cordaro for Corbin, LLC, property owner for the structure located at 247 West Secand Street subject to nan-substantive changes approved by the City Manager and City Attorney. COMMISSIONER COMMUNICATION DISCLOSURE [REGARDING AGENDIZED PRO.fECTS} Historic Resources Commission Agenda 4 A~rii 5, 2012 PROCEDURAL RULES PUBLIC HEARING 1. 2. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-01 AND HISTORIC REGISTER CATEGORIZATION NO. 2012-01 {Rally SoboleslCe) Filed by the City of Santa Ana to place and categorize as Key the structure at 1584 East Santa Clara Street {Sexlinger Farmhouse and Orchard) on the Santa Ana Register of Historical Properties. PUBLISHED IN THE ORANGE COUNTY REPORTER: March 23, 2012 PUBL#CLY NOTICED: March 22, 2012 RECOMMENDATION: Adopt a resolution approving the Historic Resources Commission Application No. 2012-01 and Historic Register Categorization No. 2012-01. PUBLIC COMMENTS (i#ems not on the agendas STAFF AND COMMISSION COMMENTS 3. 4. 5. STAFF COMMENTS HISTORIC RESOURCES COMMISSION COMMENTS EXCUSE OF ABSENCES ADJOURNMENT Historic Resources Commission Agenda 5 April 5, 2012 ~. Y r ~ ~ I ~ ~ f ... ~... .. - '~ _ ~~J4;ill~'~!7; 1.- ~~ ~~ ~~ Aim: _ r~~ ~ ~~~, :~~MISI~3~~ ~0.~s ~~~ Vii, ~~i"t~; ~~ ~~ ~~ ~ ''__ . . .-. - s~:~,~~ ~:~ ~'~~~ ~~i ~~' ,_ :. _~ ,. ~~~r ~~~ ~ ~~~f~ ~~ ~~et, '~~ ~ .: ~~:. F. n ~~ ~. ~", ~;~~s ~~ ~8~~~~ ~~~:r '~~~ ~: fir; ~'~-rl~~; ~~ ~ ~'C~Ia~~n ~~, ~, ~#`t'i .~: _ . ~' C i ~ ~'~ ~. '~ 'lam; ~.~~1'I w~ ~~ P~r`k. t~L~t~Y -: __._ n . ~ ~' _ ~ it `~~, Adopt a resolution approving Historic Resources Commission Application No. 2011-03 and Historic Register Categorization Na. 2011-03. Associate Planner Holly Soboleske presented the staff report and recommendation. Commissioner Schaefer commented that after the fire, additions were done to the property. Ms. Soboleske provided information that the addition did not alter the structure's architectural significance, Commissioner Hitterdale provided same historical information regarding Mr. Knickerbocker who had been a l_incaln-Mercury auto dealer and Rotarian. The public hearing was opened. No public members spoke. The public hearing was closed. MOTION: Adopt a resolution approving Historic Resources Commission Application No. 2011-03 and Historic Register Categorization No. 2011-03. MOTION: Palce SECOND: Bustamante VOTE: AYES: Bustamante, Hitterdale, Morfin, Polce, Schaefer (5) NOES: None (0) ABSENT: Rogers, Yrarrazaval (2) ABSTAIN: O'Callaghan (1) CONSENT CALENDAR A. MINUTES RECOMMENDATION: Approve minutes of the regular meeting on July 7, 2011. Commissioner Hitterdale abstained due to his absence on July 7', 2011. MOTION: Approve the minutes of July 7, 2011. MOTION: Morfin SECOND: Polce VOTE: AYES: Bustamante, Morfin, O'Callaghan, Polce, Schaefer (5) NOES: None (0) ABSENT: Rogers, Yrarrazaval (2) ABSTAIN: Hitterdale (1) * * ~` END OE CONSENT CALENDAR *'~ Historic Resources Commission Minutes 3 October 6, 2011 BUSINESS CALENDAR B. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTSI Vice Chairman O`Callaghan recused himself from the Business items (HPPA No. 2011-04 and HPPA No. 2011-05) and Public Hearing items (HEMA No. 2010-03 and HRCA/HRC 2011-03} as he conducted business with the applicants. C. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2091-05 Filed by the City of Santa Ana to execute a historic property preservation agreement with Max Garces for the structure located at 1901 North Heliotrope Drive (Hall-Knickerbocker House}. RECOMMENDATION: Recommend that the City Council authorize the City Manager and Cleric of the Council to execute the attached agreement with Max Garces, property owner for the structure located at 1901 North Heliotrope Drive subject to non-substantive changes approved by the City Manager and City Attorney. MOTION: Recommend that the City Council authorize the City Manager and Cleric of the Council to execu#e the attached agreement with Max Garces, property owner for the structure located at 1901 North Heliotrope Drive subject to non- substantive changes approved by the City Manager and City Attorney. MOTION: Hitterdale SECOND: Polce VOTE: AYES: Bustamante, Hitterdale, Morfin, Polce, Schaefer (b) NOES: None (0} ABSENT: Rogers, Yrarrazaval {2) ABSTAIN: O'Callaghan (1} D. HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2011-04 Filed by the City of Santa Ana to execute a historic property preservation agreement with Nicola Fleming for the structure located at 2109 North Heliotrope Drive (Stauffer House}. RECOMMENDATION: Recammend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Nicola Fleming, property owner Historic Resources Commission Minutes 4 Oc#ober 6, 2011 for the structure located at 2109 North Heliotrope Drive subject to non- substantive changes approved by the City Manager and City Attorney MOTION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Nicola Fleming, property owner for the structure located at 2109 North Heliotrope Drive subject to non- substantive changes approved by the City Manager and City Attorney MOTION: Bustamante VOTE: AYES: NOES: ABSENT: ABSTAIN: SECOND: Marfin Bustamante, Hitterdale, None (0} Rogers, Yrarrazaval (2) O'Callaghan (1) MorFin, Polce, Schaefer (5} 3. PUBLIC COMMENTS (items not on the agenda) No public members spoke. STAFF AND COMMISSION COMMENTS 4. STAFF COMMENTS No comments were made. 5. HISTORIC RESOURCES COMMISSION COMMENTS Commissioner Schaefer • Commented on outstanding preservation of the residence at 532 Eastside. 6. EXCUSE OF ABSENCES Commissioner Morfin moved to excuse the absences of Chairman Rogers and Commissioner Yrarrazaval. The motion was seconded by Commissioner Schaefer and unanimously approved by the Commission with a vote of 6:0. ADJOURNMENT 5:01 p.m. MR Historic Resources Commission Minutes 5 October 6, 2011 a ~ _ _~ ~,_ ~ ' ..A ~ ~ , 3 ~ ~~~L r _ -_ F:_.,,~ .~ r ....: . ~ _ , - - -'~ . ~ ~ ~. ;, _.. _ ~' ... " - '` ~ _ `' - •~ -~ . ~~ ~~~~ ~i~~~ r~ .: ~ 4.~ HPPA No. 2011-06 April 5, 2012 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Key in November 2000 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). A review of the property indicates that this Stick/Eastlake styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 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 #o 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 Com Hance In accordance with the California Environmental Quality Act, the recommended action is not considered a project, and as such, is not subject to further environmental review. Rally Sobol e Associate P nner HS:jm hslhistoric infolmiils act agreementslhppall-Ofi_932iJ~rench.hrc Attachments: Exhibit 1 -- Radius Map Exhibit 2 -Executive Summary Exhibit 3 -Mills Act Agreement - - . _: ~ F_ 4'. i u ~iiii i i ^ u i if s ~ ~ ~~ - . -. ~i~m~i~num~uuuiiiMiiiiimT~iie~Y~~-.. ..... ~~ +•° ~~ _- ,~ q ~ ~ C~~~~ ~ _ - r~: __ i - 5 .~..~4~#~; ~>~t~cs~~is ski ~~ # - _, Lf~' CONSTRUCTION HISTORY: (Constniction data, alteratio~~s, and date of alterations) Year Built: circa 1895 Screen Porcli: August 13, 1924 Alterations: October 30, 1929 5x 10 addition to residence: duly 2, 1945 Repair brick footings at porch: December 8,1998 RELATED I+EATUR>;S: {Other important features such as barns, sheds, fences, prominent or tuius~~al trees, or landscape) Nane identified DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.} The nicely detailed prominent front gable and narrow clapboard siding indicates that this house was probably built in the 1890's. Vertical venhvork of varying widths and diago-~al molding-edged trim provide a pleasing pattern in the gables that face the front and sides of this tall building, with double cross-gable roof. Pairs often-light casement windows are used throughout the second story. A large arched plate glass whidoev, located in the center of the front facade, vas probably installed iji the late 1920's, at il~e same time as the casement windows. Enclosed porches, fcaturing ribbons often-light windows, flank the large window ifi tl~e center of the front facade. The Sanborn snap of 1924 shows the original open e35try porch on the north side and an open porch on the south side. Both originally stopped at the edge of t1~e front facade of the house. Brick wainscotting was installed when the porches were enclosed. Because the alteratiot~s occurred more than fifty years ago, they are considered part of the historic fabric. However the jalousie windows on the north and south sides are more recent. The most identifiable features, which make this building a Stick/Eastlake style include: the decorative tntsses at the apex of the gables, the vertical venrivork, the steeply gabled roof, the narrow clapboard siding and the elongated windows. HISTORIC HIGHLIGHTS: This house first shows up on the Sanborn map in 1$95. However, it is not until 1909 that it is listed in tlfe directories. William Thomas, a local attorney, is the first resident listed at this address in 1969, Wallace and Mabel R~itan awned the house during the 1910's. He vas a prominent attorney with the firm of Rutati a~id Tucker. The firm still is in existence today. Willard ajid Marie Patterson owned the house from the 1920's through the 1940's. He was the manager of the General Bottling and Distribution Company at 1420 W. 5'h St. and later, the Whistle BotEli~ig Company. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of I~~stnictions for Recording Historical Resources, Office of Historic Preservation.} H1'2 Single Family property Page 2 of 4 LL1111tG1ca tegorie slrutatt [t)-5-00 RESOURCES PRESENT: ® Building ^ Stnlctl.lre ^ Object ^ Site MOVED? ®Na ^ Yes ^ Unknown Date: ^ District ^ Element of District Original Location; ^ Otller STATEMENT Or SIGNIh'ICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.) This example of residential architecture during the City of Santa Ana's early formation years is located in French Park Historic District. This t~vo story single family residence was built during the early development years of lirench Park, a residential district nicknamed as the "Nob Hill" of Orange County. French Park, one of the firs) residential developments in the City, was home to many prominent businessmen, doctors, bankers, attorneys and civil servants frolrr 1880 to the early 1940's. This house is in excellent condition, and vn its original site. 't'he Rutan House is listed as a contributil~g structure tv the historic architectural integrity of French Park Historic District. SUMMARY/CONCLUSION: This building is characteristic of a significant period in the history of the City of Santa Ana. Although iE was altered in 1920, it maintains the characteristics of the Victorian Stick style. Because the alterations to the porches occurred more than fifty years ago, they are considered part of the historic fabric. Most of the identifiable characteristic of the style, such as the decorative trusses at the apex of the gables, the vertical ventwork, the steeply gabled roof, the elongated windows and the narrow clapboard siding are still present in this house. OWNER AND ADDRESS: Jensen Barry Jay & Domla Emery 932 N. French Street Santa Alla, Ca 92701 Page 3 of 4 LLU IRClcatcgorses~rutan 10-5-00 RECORDED I3Y; (Name, af6iiation, and address) Lucv Linnaus Cit of Santa Ana, Plannin Division 20 Civic Center Plaza M-20, Santa Ana, CA 927-2 DATE RECORDED: November 9, 2000 SURVEY TYPE: (Lltensive, reconnaissance, or other) Reconnaissance REPORT CITATION: (Cite survey report and other sources) National Re ister of Historic Places A lication for French Park Historic District Santa Ana Historic Register Application Form REFERENCES: {List documents, date of publication, and page numbers. May also inclt-de oral interviews.) National Register Bulletin 16A A Field Guide to American Houses by Virginia & Lee McAlester Cit of Santa Ana Buildin Division Records EVALUATOR: DATE OF EVALUATION: EXPLANATION OF CODES: National Register Criteria for lJvaiuation: (From Appendix 7 of Instructions For Recording Historical Resources, Office of Historic Preservatioll} A: that are associated witll events that Dave made a significant contribution to the broad patterns of our history C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or tllat possess higlf artistic values, or that represent a significant and distingtlisl~able entity whose components may lack individual distinction National Register Statrls Code: {From Appendix 2 of Instructiol~s for Retarding Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed distrief. Page 4 of 4 LL111RCicategorieslrutan 10-5-00 MILLS ACT AGREEMENT 932 Nortlr I'rerrcl~ Street Smrtrr Arrrt, CA 927~I 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 §G103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ("Agreement") is made and entered into this May 7, 2012 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 Jerome Mori~~, (hereinafter referred to as "Owner"), owner of real property located at 932 North French Street, Santa Ana, California, 92701 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 932 North French Street, Santa Ana, CA, 92701 and more particularly described in Exhibit "A," attached hereto and incorporated herein by z'eference, 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 H~stortc Property in order to enhance and maintain its value as a cultural and historical resource for tl~e 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- EXHlB1T 3 MILLS ACT AGREEMENT 932 Nortli French Street Santa Arrrr, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Pact 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. >Jffective Date and Terms of Agreement, This Agreement shall be effective and commence on May 7, 2012, 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 tht'ough 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 nontenewal 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 (9D} days prior to the annual renewal date, or served by the City to the Owner at least sixty (b0} 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 ptior to the annual renewal dike of the Agreement, withdraw its notice to the Owner of nanrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: _2_ MILL' S ACT AGREEMENT 932 Nardi Fre-rch Street Snrtta Aria, CA 927DI 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 farm, 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 tltis reference. The candition 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 candition 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 sh ttcture, such as walls, fences or sh~-~ibbery, sa as to prevent the viewing of the historic landmark by the public, d. The following are prohibited: Demolition of the Histaric 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 Resotrces 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 furnihire; 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 I~iformation. 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- MILLS ACT AGREEMENT 932 Nortll French Street Santa Ana, CA 9270.1 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Cade Section 50280, et. seq., may cancel this Agreement if it determines that the Ownez• has breached any of the conditions of this Agreement, oz• have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or othez• natural disastet• 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 Agree~nent. 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 znay be commenced within thirty {30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, witltotrt firrther 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 couz•t, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at la~v or in equity which are not otherwise provided for in this Agreement or in the Gity's regulations governing historic properties are available to the City to pursue in the event that there is a bz•each of this Agreement. No waiver by -~- MILLS ACT AGREEMENT 932 Nortlr Frerrclr Street Srrr~tn Arrrr, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any outer subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 932 North French Street, Assessor Parcel Number, 39$-013-10, 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 ~vith the land and shall pass to and be binding upon the Owner's successors azrd assigns in title or interest to the Historic Property. Every contract, deed, or other instzlzment hereinafter executed, covering oz• conveying the Historic Property or any portion thereof, shall conclusively be held to have been exectrted, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, zestrictions and reservations are set forth in such contract, deed, o~ other instrument. $, 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 belo~v 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: Jerome Morin 932 North French Street, Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 932 North French Street Srrrita Arrrr, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a paz-tnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considez'ed joint ventures ar member's 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 fiam liability for damage or claims far damage for personal injuries, including death, and claims for property damage tivhich may arise $•om the direct or indirect rise or• operations of the Owner or those of his or' her contractor, subcontractor, agenda, employee, or other person acting on his ar her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, oz• alleged to have been suffered, and costs of defense inctzrz•ed, by reason of the aper'ations referred to in this Agreement regardless of whether ar 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 ar portion of the Historic Property, whether by operation of law an in any manner whatsoever. e. In rite event legal proceedings az•e brought by any paz•ty or parties to enforce or z'estrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the z•ights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attor'ney's fees to be fixed by rho court, in addition to cotu•t costs and other z'elief ordered by the court. £ 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 constzued and govezned in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 932 Norte French Street Srrrrtrr Arrrr, CA 92701 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 Recordez• of the County of Orange. 12. Notice of the C©ntract 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 wz•itten notice of this Agreement to the Office of Historic Pz'esezvation. 13. Amendments. This Agreement may be amended, in ~vhole 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 fzrst written above. 15. Siguahtres. ATTEST: MARIA D. HUIZAR Clerk of the Couneil Property Owners: Date: CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager By: APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney Jerome Morin _~_ MILLS ACT AGREEMENT 932 North French Street Snr~irr Arrrr, CA 92701 Exhibit A PORTERS ADD LOT 2 BLK B E108 .I"I' Assesso~• Parcel No. 398-013-10 -$- MILLS ACT AGREEMENT 932 Nortlr Trerrclr Street Santa A-ra, CA 9270.1 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or clraracter of a building, structure ar site and its environment shall not be destroyed. The removal or alteration of any hzstorlc material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their awn time. Alterations that have na 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 ace evidence of the histoz•y and development of a building, structure, or site and its environment. These changes may have acquired significance in their o~vn right, and this significance shall be recognized and respected, 5. Distinctive stylistic features ar examples of skilled craftsmanship which characterize a building, stt~~cture, or site shall be treated with sensitivity. G. 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 compasitian, 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 fiom the other buildings or stn~ctures. 7. The surface cleaning of stctictures 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 resouzces 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 _g_ MILLS ACT AGREEMENT ?32 Nortlr Preach Street Sarrtn Arrrr, CA 927'DI size, scale, color, material and character of the property, neighborhood, or environment. 14. Wherever possible, new additions or alterations to structures shall be done in sttch a manner that if such additions or alterations need to be removed i~~ the future, the essential form and integrity of the stnictua'e would be unimpaired, -10- .~r ~~~r ~3~ 11fd~J=,~FT,~~~~'''~~i`~' ~~~l~it V ~~,~~~~~ ,~~ . _ _ "~ ~_ ~ I ~k k. f ~. ~( . = ! -'- N I W '+ r° Y i. h ~$ E ~~ ~:: i1Ml .. -- ~.~~ E~ _,. _~~ -, ~" _ .. ,. ~s _ y -... -. ~` ~ ~ ~ ~ ~ `fit ~~ ~ _~_- . ~ ~' s _ _ - - = - ~~~ ~r - h ~I~~~~~ ~ ~~ G~'~~ `~.' 'f~ ~~; ~ ~ ~~ ~ ~_ ~'~''~ We~~1M1 Vii- _ ~ - - _ _ .~e .~Iv ,. HPPA No. 2012-01 April 5, 2012 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as t_andmark in March 2003 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3}. A review of the property indicates that this MissionlSpanish Colonial Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 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 not considered a project, and as such, is not subject to further environmental review. -, Holly Sobol ke Sergio KI , AI( Associate anner Principal anne HS:jm hslhisforic infoUnills aci agreementslhppal2-v1_2335NNorthPark.hrc Attachments: Exhibit 1 _ Radius Map Exhibit 2 -Executive Summary Exhibit 3 -Mills Act Agreement ~~~'~~ , ~~r~~pi~~As ~, EXECUTIVE SUMMARY EMISON-GEORGIEFF HOUSE 2335 North Park Boulevard Santa Ana, CA 92706 NAME Emison-Georgieff House REF. NO. ADDRESS 2335 North Park Boulevard CITY Santa Ana Z[P 92701 ORANGE COUNTY YEAR BUILT Circa 1928 LOCAL REGISTER CATEGORY: Landmark HISTORIC DISTRICT NIA NEIGHBORHOOD Floral Park NA'T'IONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 2D Location; ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Missioi~/Spai~islf Colonial Revival style, as its name implies, encompasses t~vo major subcategories. The Mission Revival vocabulary, pol}filar between 1890 and 1920, drew its inspiration from the missions ofthe Sor~tlswest. Identifying features include curved parapets (or espada~'l~); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; parch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colo~~ial Revival flourished behveen 1915 and 1944, reaching its apex during the 1920s and 1930s. 'T'he movement received widespread attention after the Panama- Cafifornia Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spansh} Colonial Revival are low-pitched roofs, usually with little or no overhangs and red file roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asyimnetry; balconies and patios; window grilles; and decorative elements of woad, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Emison-Georgieff House I~as been determined eligible for listing in the National Register of Historic Places as a cantributor to a North Broadway Park historic district that is bounded by Riverside Drive, Santa Clara Avenue, North Broadway, and North Flower Street. Under the regulations implementing the California Register of Historical Resources, the EZnison-Georgieff House has been listed in the California Register. It also qualiEes for listing in the Santa Ana Register of Historical Property under Criteriaji 1 for its exemplification of the "distinguishing characteristics" of the Spanish Colonial Revival style. The house also contributes to the historic character of the Floral Park neighborhood through its age, style, scale, and Historic association with important members of the local business and professional cannnunities. Additionally, the house I~as been categorized as "Landmark" because it has been determined eligible for the National Register, leas been listed in the California Register, has "n~~ique architectural signif"icance" as an example of the Spanish Colonial Revival style, and contributes to a district that I~as "historical/cultural significancy to the City" as an example of tl~e City Beautiful plamiing movement. EXPLANATION Or CODES: • National Re ister Criteria for Evaluation: (From Appendix 7 of Instn~etions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of constniction, or that represent the work of a master, or that possess I~igh artistic values, or that represent a significant and distinguishable entity whose compoue~~ts may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions For Recording Historical Resources, Office of Historic Preservation) 2D1: Contributor to a district determined eligible by the Keeper. EXHIBIT 2 Page 1 of 5 ~~8. '~f ~~ €C?~scr~atian= rrs~a~~al~s~ar~ '.. ~ld~alt~,~~~n,`;~ ._ ~.. ,,;sc~e~ •,-,~., __ 1~' *~8y Est -__, ~~~, c~,~a ~~ !~ . ~~, ,:.• - *1?~1. ~' ~. ~, ~`I~1Q~.~ut ~`~~~ _ ~ .. ~~s ~~~r~ .YK ~ M .. State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Stafus Code 2D1 'Resource Name or #: Emison-Georgieff House B7. Historic Name: Emison-Georgieff House B2. Common Hama: Sarno B3. Original Use: Single-family Residence 64. Present Use: Single-family Residence *B5. Architectural Style: Mission/Spanish Colonial Revival *B8. Construction History: (Construction date, alterations, and date of alterations): Constructed circa 9928. September 26, 9947. Alteration to garago for Mrs. Wheeler. $300. May 2, 1959. Alteration to residence by Dr. Coomber, owner. $1,500. June 20, 1952. Patio by Dr. Coomber, owner. $2,000. June 24, 1971. Remodel second bathroom for Dr. George Georgleff. June 21, 1973. Decorative gazebo for Dr. George Georgleff. June 22, 1987. 89 linear foot x 6 foot block wall. *B7. Moved? ^No ^Yes ^Unknown Date: Original Location: *B8. Related Features: Tiled fountain, mature pine, ficus, eucalyptus and magnolia trees in front yard. B9a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888-1953 Property Type: Singlo-family Residence Applicable Criteria: C (t7iscuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity} The 1=mison-Georgieff House is an archlfecturalty distinguished residence, blending the Spanish Colonic! Revival and Monterey Revival styles, which achiovos added prominence through its generous scale and prominent location. The address first appears in the 1928 Orange Gounfy Directory with Richard A. and Esse Emison listed as owners. Mr. Emison was the genera! manager of the Santa Ana Lumbor Company. The Emtsons resided in the house until at least 1941. !n 9995 Dr. James G. and Gladys C. Herring owned the house. He was a physician and surgeon. The subsequent owner Dr. Coomber was also a physician. Since 1969, the house has been owned and maintalnod by Mr. Goorge Georgieff an orthodontist. (See Continuaflon Sheet 3 of 4.) Bi i. Additional Resource Attributes: (List attributes and codes} *B12. References: City of Santa Ana Sutlding Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (Sea Continuation Sheet 4 of 4.) B13. Remarks: *B1~#. Evaluator: Leslie J. Neumann *Date of Evaluation: January 27, 2003 (This space reserved for official comments.) Sketch Map ~ ~, ~;, ~ - ,a ~ • ~, (f~~~' ~f ~ 9 }1 ** ,RRR N~~ ~~~ A n w ~tv EMlSON-GEORGIEFF HOUSE 2335 NORTH PARK BOULEVARD DPR 5238 (1195} page 3 of 5 `Required information State of California-The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # 'CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned l,y recorder) Emison-GeorgfeHHouse *Recorded by Leslie J. Neumann, Peter C. Moruzzf, SAlC *Date January 27, 2003 ~ Continuation ©Update *P3a. Description (continued}: with a moderately pitched, side-gabled roof covers a recessed porch and is supported by thick, square brick peers. Here, too, exposed rafter tails distinguish the eaves. A tapered, exterior, stucco-covered chimney rises above the gable peak of the west elevation. On the projecting east wing, a second floor row of four double-hung sash windows surmounts the doublo-car garage. The garage doors are not original. Ornamental wrought iron sconces grace many of the exterior walls. An original decorative tiled fountain and a round gazebo topped with a red tfle roof, installed in 1973, occupy the southeast corner of the property. Tho front yard is Iushty landscaped with mature pine, magnolia, ficus, and eucalyptus frees, topiary, lawns, and a winding red brick entrance path. Wrought iron fencing punctuated by an ornate monogram (G, most likely for Dr. Georgteff, a more recent owner] forms a perimetor watt between square stuccoed posts at the sidewalk and was probably installed in 1987. Other than the noted changes, the house appears in excellent, original condition. ~B1t}. Significance (continued): The Emison-Georgteff House is located in Floral Park, a neighborhood northwest of dawn#own Sanfa Ana bounded by West Seventeenth Street, North Flower Street Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and bufldor Aflison Honor (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Felts, New York in 1922 {Talbert, pages 353-35&). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Flora! Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. Thoy sold for about $45,000 each" (Orange County,,Reatster. September 95, 1981). Roviva! architecture in a wide variety of romantic styles was celebrated in the 9920s and 1930s and Floret Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Atltson Honer Cansfruction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hatt, the El Toro Marine Sase during World War il, and the 1980 Honer Shopping Plaza. Honer lived to the neighborhood he had helped fo create, at 895 West Santa Clara Avenue. In the late 9920s and 9930s, another builder, Roy Roscoe Russell (9889-1965), continued developing the groves of Flora! Parir. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Sanfa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. !n the early post World War !l years, Flora! Park continued its development as numerous, smaller, single-family houses were built. Coniinutng in the Floral Park tradition, they were mostly revival in style. !n the 9950s, low, horizontal Ranch Sfyte houses completed the growth of Floret Park. Today (2003) Floral Park maintains its identity as tho premtor neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Emison-Georgieff House has been detormfned eligible for listing in the National Regisfer of Historic Places as a contributor to a North Broadway Park historic district That is bounded by Rlversfde Drive, Santa Clara Avenue, North Broadway, and North Flower Street. Comprising tho northern end of the Floral Park neighborhood, North Broadway Park was subdividod in 9923. The Keeper of the National Register found that: "North Broadway Park reflects the Ctty Beautiful planning movement in Southern California during the early twentieth century. Tho vornacular adaptations of period revival styles, curvilinear street patterns, street furniture, and landscape combine to create a cohesive and pleasant middle class suburban neighborhood environment which is unique in the early hisbrica! development of the cit y of Santa Ana. "' Undor the regulations implementing the California Register of Historical Resources, the Emison-Georgteff House has bean fisted in the California Register. It also qualifies for listing in the Santa Ana Register of Historical Property under Criterion 9 far its oxempiificatfon of the distinguishing characteristics of the Spanish Colonial Revival style. The house combines the broad asymmetrical massing, materials, and romanticism, epitomized by tho fawor, that are associated with the Spanish Colonial Revival, with tho wooden cantilevered balcony that is the hallmark of the Monterey Revival. The house also contributes to the historic character of the Flora! Park neighborhood through its age, style, scale, and historic association with important members of the local business andprofessionalcornmunities. Additionally, the house has been categorized as Landmark" because it has been determined eligible for the National Register, has been listed in the California Register, has unique architectural significance"as an example of the Spanish Colonial Revival style, and contributes b a district that has hfsforical/cultura! significance to the City" as an example of the City leautiful planning movement. Ali original and restored exterior features of the Emison-Georgfeff House are considered to be character defining and should be presorved. These features include, but may not be Itmited to: materials (wood, brick, Iron, tile) and finishes (stucco); roof configuration, materials, and treatment; massing and composition; balcony, porches, bays and projections; doors and windows; architectural detailing (zapatas, wrought iron railings, sconces, etc.); and landscapo features such as the decorative tiled fountain and mature trees. Determination of Eligibility, February 25, 1980. APR 523E page ~t of 5 State of California-The Resources Agency Primary # QEPARTMENT OF PARKS AND RECREATION HRi # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Emison-Georgieff House *Recorded by Leslie J. Neumann, Peter C. Moruzzi, SA1C *Date January 27, 2003 ~ Continuation ©Updale *812. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana. An !llusirafed Hisforv. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. Natrona! Register 13u1letin 16A. `Now to Complete the National Register Registration Form."Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: M1T Press, 1969. 'Alison Honer Dies at 84,"The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register. September 15, 1981. "History of Flora! Park." hftp://www.floral-park.com/page2.hfml Talbert, Thomas (editor-in-chief. Historical Volume and Reference Works Including Biographical Sketches of teadrng_ Gitizens, Volume 1. Whittier, Historical Publishers, 1963. Armor, Samuel History of Orange County. 1921. Orange County Directories, 1927-1941, 1945, 1947. APR 5231. page 5 0# 5 MILLS ACT AGREEMENT 2335 N, NorUi Pnrk Blvd. Srr~rtR A-trr, CA 9270b 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 May 7, 2012 by and between the City of Santa Ana, a chartez• city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California {hereinafter z•efez~•ed to as "City"), and Jose Louis Correa and Maria Esther Reynoso, (hereinafter referred to as "Owners"}, owners of real property located at 2335 N. North Park Boulevard, Santa Ana, California, 9270G in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses Fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2335 N. North Park Boulevard, Santa Ana, CA, 92706 and mare 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 regtzirements 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 tzse and alteration of this Historic Property in oz'der 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 -i- EXHIBIT 3 MILLS ACT AGREEMENT 2335 N. North Park Blvd. Sa11ta A1ra, CA 92706 building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. The Owner and the City intend to carry out the purposes of California Government Cade, Chapter 1, Part 5 of Division 1 of Title S, Article I2, Section 50280 et seq., which will enable the Historic Property to qualify far an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Cltapter 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 May 7, 2012, 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 (IO) 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 an 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 (GO) 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 rionrene~val 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 ar~d Conditio~as for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the fallowing conditions, requirements and restrictions: _2_ MILLS ACT AGREEMENT 2335 N. Norte Park 13Ivr1. Santa Arra, 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 charactez•- 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 Preselvation 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 incaz'porated 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 coI•ridor enabling the genera( 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 coI•~•idor 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 ar destt`ttction of character-definiltg 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, I'oofs, doors, walls, and tivindo~vs; 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 allo~v 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 previsions of this Agreement. 4, Furnishing Of IIlfoi'I11at101i. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance ~vitlt the terms and provisions of this Agreement. -3- MILLS ACT AGREEMENT 2335 N, North Pnrk Blvd. 5nrrta Air R, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50250, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate tl~e 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 fot•th in Government Code Section 50286. This cancellation fee shall be a percentage {currently set at twelve and one-half (12 %a) percent by Government Code Section 5028G) 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. ti. EY~forcemeut 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 z•egistered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Sezvices 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 sha11 thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing Historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 2335 N, Nortlr Perk Ijlvrl. Sn„t,r A,ra, CA 92706 the City of any breach or default tinder this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding ef#'ect of Agreement. a, The Owner hereby subjects the Historic Property, located at 2335 N. North Park Boulevard, Assessor Parcel Number, Od2-135-15, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Propcrty. 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, ar other instrument. S. 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 therefiom 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; Jose LoYris Correa and Maria Esther Reynosa 2335 N. North Park Boulevard Santa Ana, CA 92706 -5- MILLS ACT AGREEMENT 2335 N. Norllt Park Blvd. Sa-tta Arta, CA 92706 10. Gelle~•al Provisions. a. None of the terms, provisions, ar conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, oI• asslgns, 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 ofrcials, 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 ar operations of the Owner ar those of his al• heI• contractol•, subcontractor, agenda, employee, or other person acting on his or her behalf whicll relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and casts of defense incurred, by reason of the operations I•eferred 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 Agl•eements, 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 repl'esentatives, assigns, and all persons acquiring any part or portion of the Historic Property, whetller by operation of law on in any manner whatsoever. e. fn 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 coul•t of competent jlu•isdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or pal'tions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -G- MILLS ACT' AGREEMENT 2335 N. North Park Blvd. Santa Arra, CA 92706 11. Recordation. No later than twenty (20} days after the parties execute and enter inta 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 Ca~at~•act to Office of Historic Preservation. No later than six (G) 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 instrtt~nent executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 1.5. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Prope~•ty Owners: Date; Date: APPROVED A5 TO FORM; JOSEPH A. STRAK.A Interim City Attorney By; Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager B y: Jose Lo~~is Correa By: Maria Esther Reynoso -7- MILLS ACT AGREEMENT 2335 N. North Park Blvd Santa Agra, CA 92706 Exhibit A N TR 425 LOT 124 Assesso~• Pa~•cel No. 002-133-15 _8_ MILLS ACT AGREEMENT 2335 N. Nnrtlr Park Blvrl. ,S'ajtta Arrrr, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 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 distirigiushing original qualities ar 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 awn time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes whiclr 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 o~vn right, and this significance shall be recognized and respected. S. 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 acctu'ate 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 drat 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 signifcant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 2335 N. North Park Blvd. Srrjrta Alta, CA 92706 size, scale, color, material and character of the property, neighborhaod, or environment. 10. Whez'ever possible, new additions ot• alterations to stauctures chaff be dome in such a manner that if such additions or alterations need to be removed in the firture, the essential form and integrity of the sti~icttue would be u«impaired. -10- ~~.{{qy~~<~~~~g:~y": }.gee; ~~~ Y ~., ~~_ r r 4 !~s~ i~ ~. ' 7 ` ~~. , ~~ >.~¢ _...-- ....... - _ ., ~ . ~ ~ ,. w ~~~ o,. r i _._ .. _ _ ,~~ ~. _ ~ ~'~ l~ i ~r ~~! '~~~ ~~~ ~s t~ Jai ,, ~, ~` ~~~ ,~ ~_ ~~' ;~ E HPPA No. 2012-02 April 5, 2012 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register and categorized as Landmark in July 2001 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). A review of the property indicates that this Georgian Revival styled structure is in excellent condition. As a result, a supplemental property rehabilitation plan will not be required as part of this agreement. Photos of the property are included with the agreement as well as a photo location map. The benefits of executing this agreement include, but are not limited to, the following: 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 not considered a project, and as such, is not subject to further environmental review. Hally Sobol ke Associate P anner HS:jm hslhistoric infolmills act agreamentslhppal2-d2_207WSecand.hrc Attachments: Exhibit 1 -- Radius Map Exhibit 2 -Executive Summary Exhibit 3 -Mills Act Agreement 77~~ ~Y _ _, ,: r ~' ~, ..t .. J3J L ~ ~#.-~ ~~ -_ _ _ _. r~ a ~ i-- ~`~ ~ .:~J CONSTRUCTION HISTORY: (Constnlction data, alterations, and date of alterations) March 1923. Office & storage warehouse. May 2, 1924. Alterations. February 18, 1925. Alterations. January l8, 1929. Alterations. May 8, 1933. Re-anchoring firewails, repair stone cornice. June 1, 1937. Repair garage. August 24, 1937. Repairs and alterations. May L 1, 1944. Repair fire damage. July 22, 1944. Alteration to business building. April 13, 1973. Saloon & restaurant. July 27, 1973. Mezzanine. August 12, 1982. Remove interior partitions & skylights. September 20, 1982. Seismic reinforcement (completed August 30, 1983). December 28, 19$4. Remove interior partitions. Janl~ary 31, i9$5. Tenant improvements. RELATED FEATURES: (Other important features suclr as bar3is, sheds, fences, prominent or unusual trees, or landscape) Enclosed yard east afbuilding DIJSCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alteratio~ls, size, settings, and boundaries.) Facing south onto Second Street, this is a one and a half story multi-colored brick building in the Georgian Revival style. The raised parapets of the end walls flank a side gable roof. Crowned by an iron-railed deck, the roof features three identical dormers topped by segmental arch roofs and pediments. The three bay division is carried through to the facade, articulated by slightly raised plastered piers witlf decorative caps. A denticulated frieze, which bears the legend "Socdl~ern Cnunties Gas Company," taps the piers. Each bay contains a large, arched opening accented by a keysto~fe; boarded over windows are located in the side bays and the pilaster framed entry in the center bay. Additional arched openings are located on the side elevations. The building retains strong design integrity an the exterior; the principal alterations appear to be the "Victorianizatian" of the entry and the boarding of the Windows. Note: This property has a facade easement with Heritage Orange County. HISTORIC HIGHLIGHTS: The Southern Cau~ities Gas Company building was constructed in 1923 to a design by one of the premier architectural firms of Los Angeles, Walker and Eisen. Other well lulown colmnissions by this renowned flrin inchtde San Gabriel City Hall (San Gabriel, 1923), the Fine Arts Building (Los Angeles, 1925), the Beverly Wilshire Hotel (Beverly Hills, 1926), the El Cortez Hotel (San Diego, 1926), the Title Insurance and Trust Building (Los Angeles, 1928), Upland Cily Hali {Upland, 1939), and the San Lois Obispo County Courthouse (1940). Builders of t11e $50,000 improvement were Clark Bros. of Los Angeles. The new building occupied the site of the Santa Ana Gas altd Electric Ligllt Works, established at this location in 1891. In 1911 the utility was purchased by the SotUhern Counties Gas Company. The Gas Company operated at this site from 1923 until the Inid-1960s. From the early 1970s through late 1980, Handlebars Saloon utilized the space. RIJSOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instrllciions far Recording Historical Resources, Office of Historic Preservation.) (HP 6) 1-3 story Commercial Building Page 2 of 4 emlhisioricltemplates Second 207 W (So Co Gas) 10!31©1 RESOURCES PRESENT: ® Building ^ Structure ^ Object ^ Site MOVED? ®No ^ Yes ^ Unknown Date: Original Location: ^ Otlter STATEMENT OF SIGNIFICANCE: (Discuss importance in terms of historical or architectural context as defined by theme, period, geographic scope, and integrity.} Santa Ana was founded by William Spurgeon in 1869 as a speculative townsite on part of the Spanish land grant known as 1Zaneho Santiago de Santa Ana. Early growth and development was stimulated by the arrival of the Southern Pacific Railroad in 1878 and the Santa Fe Railroad in 1886. By the end of the 1880s, Santa Ana's downtown business district was defined by five city blocks of brick commercial buildings on Fourth Street, with the heart of the city at the intersection of Fourth and Main Streets (Thomas, 8:1). The early 1900s witnessed the construction of many new business blocks or remodels along Fourth and the adjacent streets, and by the 1920s Santa Ana's downtown Itad expanded itt all directions to include both connnercial and civic development. The Southern Counties Gas Company building is primarily significant for its pristine version of Georgian Revival styling, said by some to be the best example of its kind in Orange County as a whole and Santa Ana in particular (Thomas). It is also natewat#hy as an example of the work of Walker and Eisen, whose architectural oeuvre mostly encompassed large commercial and institutional buildings in the Beaux Arts, Italian Renaissance, and Moderne styles. Additionally, the building is symbolic of the historic importance of gas service in Santa Ana, which began with the installation of gas mains and streetlights in 188G. Character-defining exterior features of the Southern Comities Gas Company building, which should be preserved, include but may not be limited to: building massilrg and organization; roof configuration, materials, and features; variegated brick exterior walls and other finishes; architectural detailing, including frieze, piers, keystones, window and door framing; arched openings; and original glazing where extant. SUMMARY/CONCLUSION: This building was listed in the National Register of Historic Places in L983 as au individual resource and again in 1984 as a contributor to the Downtown Historic District. Under the regulations implementing the California Register of Historical Resources, the building is also listed in the California Register. The property is included in the Santa Ana Register of Historical Property and has been categorized as "Landmark" because it "is on the national register,"'9s on the state register," "has liistoricallculhtral significance to the City of Santa Ana," and "has a unique architectural significance" (Municipal Code, Section 30-2.2). OWNER AND ADDRESS: ^ District ®Element of District Page 3 of 4 cmViistoriclfemplates Second 207 W (So Co Gas) 1013101 RECORDED I3Y: (Name, affiliation, and address) Leslie J. Herrmann Science A lications International Co oration 35 S. Ra mond Avenue, Suite 204, Pasadena, CA 91105 DATC RECORDED: July 30, 2001 SURVEY TYPE; (Intensive, recolu-aissance, or other} lntensive Stave U date REPORT CITATION: (Cite survey report and other sources) Les, Kathleen. "Santa Ana Historic Survey, Final Resources Inventory: Downtown." May 1980. ...... . Thomas, Harold M. "Downtown Santa Ana Historic District" National Register nomination form, 1984. Unknown. "Southern Co-u>ties Gas. Co."National Register nomination form, no elate (1982-83). REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. Anrerlcan Aj•clriPecrrrre: Apt 1111rst~•ated L'~rcyclopedia. New York, WW Norton, 1998. Heritage Orange County and the City of Santa Arra. Dosv~rtowrl lYalklrrg Tour, Santa Ana, 19$6. Marsh, Dialn-. Snjrr<a Ana, A>!a Illtrstrated Hlsioiy. Encinitas, Heritage Publishing, 1994. McAlester, Vir inia and Lee. A Field Garde to A»tericat: Houses. New York: Alfred A, Kno f, 1984. National Register Bulletin 16A. "Haw to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. .. ...- - Whiffen, Marcus. A~taerica~r Arcltiteclrrt-e Sritce 1780. Ca-nbridge: MIT Press, 1969. EVALUATOR: Leslie J. Heamann DATE OF EVALUATION: July 30, 2001 EXPLANATION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of lnstr-rctions for Recording Historical Resources, Office of Historic Preservation) A: that are associated with events that have made a significant contribution to the broad patterns of our history. C: that embody the distinctive characteristics of a type, period, or method of constnrction, or that represent the work of a master, or chat possess high artistic values, or that represent a significant and distingtrislrable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1B: Separately listed and contributor to a listed district. Page 4 of 4 enilhlstorieltemplates Second 207 W {So Ca Gasj 10/31!}1 M1'LLS ACT AGREEMENT' 207 West Second Street Srrrrtrr Arrrr, CA 92701 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 May 7, 2012 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 Alfonso G, Cordes for Carbiz, LLC, (hereinafter referred to as "Owner"), owner of real property located at 207 West Second Street, Santa Ana, California, 92701 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 Califotnia Government Code Section 50280 et seq. (known as the "Mills Act"} to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 207 West Second Street, Santa Ana, CA, 92701 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 putsttant 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 Agt'eeme~rt 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 far the Owner and far 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 MILLS ACT AGREEMENT 207 rest Second Street Sn1~ta A1ra, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part S 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 Cade. NOW, THEREFORE, the City of Santa Ana and the Owner of the Histaric Property agree as follows: 1. Effective Date and Tet•ms of Agreement. This Agreement shall be effective and commence on May 7, 2012, 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 Halite 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 (50} days prior to the anm-al 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 no~uenewal, the Owner may file a written protest of City's decision of nonrenewal. The City nay, 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 ar the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect far 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 CoYtditions for Historic Property. During the term of this Agreement, the Histaric Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 207 West Second Street Srtr~ta Arra, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, t'estare or rehabilitate the property and its character- defining features, notably the general architechrral 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. h. 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, acrd 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 ar' 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 str•rrcture, such as walls, fences or shnibbery, so as to prevent the viewing of the historic landmark by the public. d. The fallowing at'e prohibited: Demolition of the Historic Property ar 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 IrrterrOt''S Standards; deteriorating, dilapidated or untepaired 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, stnrcture or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allotiv 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 Skate 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. Ftu•nisi~ing of Iuf©rmatiorw. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary ar advisable to determine compliance with the terms and provisions of this Agreement. -3- MILLS ACT AGREEMENT 207 «est Second Street Snrrtn Arrrr, CA 92701 5. Cancellation, a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner has breached any of the conditions of this Agreement, or have allowed the property to detez•iorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 54286. 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. 1f 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 stz•tieture must be replaced, this Agreement shall be canceled because, in effect, the historic valtie 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. l~nforcement of Agreement. a. In lieu of andloz• 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 Gity Manager for Development Sezvices or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default maybe commenced within thirty (30} days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, For injunctive relief against any violation by the Owner or apply for such relief as maybe appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties az'e available to the City to pursue in the event that thez'e is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 207 TYest Second Street Snrrtrr Arra, CA 92701 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subjects the Historic Property, located at 207 West Second S#reet, Assessor Parcel Number, 398-267-04, 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 Earth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title ar interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall concltrsively 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. S. No Compe~isatio~~. Owner shall not receive any payment from the City in consideration of the obligation imposed z-ndez• 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 acer•tre to the Owner as a result of the effect upon the assessed value of the property on the accot-nt 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 ar• at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Centez• Plaza {M-30} Santa Arra, CA 92702 Owner; Alfonso G. Cordero, Corbiz, LLC 207 West Second Street Santa Ana, CA 92701 -5- MILLS ACT AGREEMENT 207 West Second Street Santa Aria, CA 9.2701 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 far 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 ar• her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, acrd 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 far damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether ar not the City prepared, supplied, or approved the plans, specifications or other documents for the Histar•ic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefrt 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. Irr the event legal proceedings are brattght 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 jtrr'isdictian, 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- MILLS ACT AGREEMENT 207 ~3'est Secorrrl Street Snxta Arrn, CA 92701 11. Recordation. No later titan 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 Cotmty of Orange. 12. Notice of tine Conh•act 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 Offce of Historic Presezvation. 13. Amendments. This Agreement may be amended, in whole or in part, oztly by a written recorded instz•tzment executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signahu•es. ATTEST: MARIA D. HUIZAR Cleric Of the Cotineil Property O`vners; Date: APPROVED AS TO FORM: JOSEPH A. STRAKA Interim City Attorney By: Ryan O. Hodge Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager B y: -7- Alfonso G. Coz'dez'o MILLS ACT AGREEMENT 207 West Second Street Srrrrta Aria, CA 9270I Exhibit A TOWN OF SANTA ANA BLK 5 LOT 8 AND BLK S LOT 9 Assessor Parcel No. 39$-267-04 -8- MILLS ACT AGREEMENT 207 «'est Second Street Srrntn Anrr, CA 92701 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Evel•y reasonable effort shall be made to provide a compatible use for a property which I•egttiz'es 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 chal'acter 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 Dave na 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 ace evidence of the history and development of a building, stnzcture, ar site and its envirolment. These changes may have acquired slgnlflcance in their awn right, and this significance shall be I•ecagnized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship wlrich chaz'acterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever passible. In the event replacement is necessary, the new material shot-ld match the material being replaced in composition, design, coloz•, 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 architecttu•al elements from the other buildings oI• structures. 7. The stuface cleaning of shlzcttzres shall be undertaken with the gentlest means passible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. S. Every reasonable effort shall be made to protect and reselve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged ~vhen such alterations and additions do not destroy significant historical, arcltitectucal or cultural material, an such design is compatible with -9- MILLS ACT AGREL'M~NT 207 TYest Second Street Santa A-ra, CA 92701 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- .,~ _~: 9 i i ~~ ii e - -_-,i { i i _ ffi g A ~~' ~` L:~, '. SANT'~ G~!~A ~~"~ ~ ~~ , . = ~. a i0 . _.; i ... I iN III ., A. ,._ . t- ....... .. ,~ ~ _~ to~~ - ' ~~ : ~~t~e _ _ i~'i~f~ . _. _ f ~~`~ ti mil ~»~~~ ~ , ~e~t ~ i~~~,~t ~~ ~ ~ ' ~`~~ ~?s ~ ~ ~~~ ~"~ tom: ~.Q68~~~ ~SCIaD$0!f M _ ~~x'~~ :rep ~n size, ~ ~~~~~ a `#~ ~~ .~#; ~~~~-~~ f~~ ~~ ~i __ a E~~~1 ~.~t~d else a~ ~~~~' ~ ~~~~+ ~~e~tt~~, _ ~t ~s, fiat ~ ~_ l~~ "~ ~,~ -~ ~ ~`~~~~ ~,r Pew "'~ ~,. ,~! ~'~ ~# ~, ~ ~~ €~~ ~ ~~ tee` ~~ .. ;s E 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 fora 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. 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 Gode {SAMC) Section 30-2, Criterion fi: "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 (TAVA 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 mare 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 da 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 HRCA Na. 2o12-a1 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. Pro ert Owner Consent Chapter 30 of the SAMC does not require owner consent far 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. HRCA No. 2012-01 HRC No. 2012-01 April 5, 2412 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. i Ha y Sobo ske Sergio otz, P Assaciate tanner Princip Plan r HS:jm hslHistoric Into1040512HRClhrca.hrcl2-01.OA0512.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 .. ,~1'~ EXECUTIVE SUMMARY Sexlinger Farmhouse and Orchard 1584 East Santa Glare Avenue Santa Ana, CA 92705 NAME Sexlinger Farmhouse and Orchard REF. NO. ADDRESS 1584 E. Santa Clara Ave. CITY Santa Ana SIP 9271)5 ORANGI; COUNTY YEAR BUILT 1913 LOCAi_ REGISTER CATEGORY: Key HISTORIC DISTRICT NIA NEIGHBORHOOD Porfola Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 5 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ^ Not for Publication ®Unrestricted ^ Prehistoric ®Historic ^ Both ARCHti'ECTURAt_ STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American BungalowlCraftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Nenry Greene of Pasadena. ft drew from the wood building traditions of Japan and Switzerland as weN as the medieval themes favored by the Arts and Grafts philosophers. Graftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure, A new apprecia["ion of nature was eviden# in horizontal lines that reached out to embrace the landscape and the incorpora#ion of capacious parches into building plans. Primarily a residential style, Craftsman architecture can be identified by tow pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap yr 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 parch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 192os (McAlester, 453-h63}. SUMMARYICONCLUS#ON: The Sexlinger Farmhouse and Orchard is substantially intact as a rurallagricultural landscape with a Craftsman Bungalow and Valencia orchard in proximity. The site as a whole por#rays 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 Critorion 6. EXPLANATION OF CODES: • California Re ister 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, 21)01.) 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, 2Qt33.) 5S't: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 ofi 5 '-` - - ~~`~ ~'.. ~! ~~'~i, ~I t~al~#eatt ~ 1^~c ;fit ~. #~ ~~, ~ ~ ~ t~-~~r~, ~T~~~~", ~Yc . ~ ~~e~ . ~ . ~ 'tx~ [tee, ~t~,l,tJ~~- ;C~ ~ ~$~f L~a~a _,~~ ,,. p ~:~. ~rnrey ~~s~ a t,~rs try Div ' - ,~ ~ '~~'7X. fte~t3'a~Ci~#fan~ ~~~~~~~ '~ ' fir, tit ' ice' ' _ ~ `_ -#~ = _ _ .. ;~~r# ~~'~~ .cam; ~r~B~~ l~fe~i~r ~~> ~~c~r~r a~ ~rau1~; t~~tor ~1f~~. d'~Y~rC ,:c ~_ ~. ~', :: ~ _ ., e c~e~al~ec~ ~c-r ~~~~~ ~Ete r~~ t ,~~~~r~l c~~t c~ ~ 3~~.~~"~' n~~n~~,, .. _ r . -. - . _ `~ ~ve~op "#~ ~~~~~, .~.._ ~-,:~~ ~~~" ~ rata - ,. ; ~-_ _~~arg' ~ -: a -_ ._ _ ,. ::. ,~ i ,: ~' a~:~~~ aim '.~ ~r~~ o~ r~~~ ~t~ ~ ~ ~~ _s_. ; _.._ _ _ ,. . ~ ~~~ s~r~r~~ ~cfi~,: ©~ ~-~~ can ~,`r'~r a~~l~~ ~ _ . - .S ~ { L~~ c~~4 ~~ ~t~t,=~~~r ~e ~r ~~~ ~5 fad n~ ''~ ~_"`_. _ . ~' ~~#e t~-f~~~~ art ~'~e~t~ ~~~ . _. ~. , _ t__ .. ~_ €:~~~'= ~~ - - j- ~~~'~ Astor -~'~ ~-:~a~~ L~'l~ ~i" ~ d[~ mod' ~'~ ~1r:~r~r ~4t~ #~tt~~ ~t ' `~ March 2l, 2012 Ms. Karatt Haluxa, AICP Planning Manager Clt}r of SArtta Alta Plarttting and I~uilding Agency #M20 Post Office Box I988 Saftt~t Ana, CA 92702 RE: Sexlinger Property - Voltttttary Listing Dear Ms. Haluza: tlt~liV4;ft`,lil' The ttrtdersigtted are representatives of Lutheran High School of Orange County anti Concordia University Irvine, the current owners of the property referenced above. Bout irtstit-itians were forrned years ago as religious, non-profit, corporations. Altltaugh we are separrtte, we are bout Luther=tu Clturclt -Missouri Synod edticatiottAl instittriions with the shared mission of spreading the gospel message of salvation by grace, tluaugh faith in Jesus Christ. We write this letter because we oppose the listutl; of the property as A ltistaricai resotn•ce property. There are several reasons wiry we - as the current owners -oppose this Fiction, F'irsi anti foremost, however, svc Ask that you consider the desires of the former owner of the property, our Cluistian sister Mrs. Martha Sexlinger. During her lift here an earth, Mrs. Sexlinger was a friend anti supporter of bout of our orgattizaliotts. She lived on the property and operated the ar•cltard. As she drew closer to the end of her life, site could have chosen In seek a historical resource property listing for her name and orchard. Slte could have sold the property to art agricultural enterprise, ot• even gifted it to the City for' pArk or cclEtcational puf~toses. However, she chose to gild ilte prapci•ty to us -- knowing that her property vas not close enough to either of as.rt• campuses to be of direct use to us, and knowing ttirther that neither of us offers educational programs that could make use of an orchard. The obvious pttrpasc of Mrs, Sexiinger's gift to us was {and is) to have us sell rite property to provide funds for our ortgaing rnissian, As stewfrrcis of her gift, therefore, eve have entertained offers to sell Mrs. Sexlittger's property, We have discovered through conversations with the City that the use of a cammercia) orchard is not in confnrntArtce with the General Plan designation and zoning for lire site. Kather, the prnperty is zoned Far resiclentiaf housing. Consequently, we ]rave submitted A proposed subdivision plan that is incompliance with the General flan, zanittg and subdivision ordinance. r)C4C~O~FR<•J IN~SC~ I {onvraf~te, and Guttivatud Citizens uincn~~~.e~,~s,z~ ~,<,FFS~t.an4z~t~ O ti~ir, Caf~l~rnia Ica 224.12fl0 ~,i 9?6423203 k .,,F.~a» ,. , EXHIBIT 4 Page i of 2 ~i~k ,_. a We have been processing a plats to subdivide and develop reside~ttial hat~sing opt the t3rnperty for over Four years. During that process, marry consai]#ants and interested citizens have o#lcrcd opinions on cnvironnretttal, etEltural and econo~ttic matters related to our proposed develapmeEtt plan. Your cotnntittce, the City ti'laruring Cornmissian and, ultimately, the City Cat~~rcil will be required to consider That inpu# arrct rtiakc specific findufgs regarding our prolaosal. Should yatt decide to ig~tore Mrs. Sexlinger's wishes ttnd recontttrend the fisting of the property as a historical resource property, we ask you to eattsider the certain restrlt of sttclt action. if the property were to be listed, it tvottld ~reecl #o remain as a residential home aEtd home-awtter apes#ed orchard (conunercial opertttian of the orclrard is not ailolved under the current zoniEtg}. Because it is not economically Feasible to operate the arcltard, and because the current home is in a ciilaprdatecl condition, it is very unlikely that we wit! receive any econonically feasible offers to purchase the property. We would have very few options left, and it is likely tlrat the property would rerrrain in its abandoned sta#e far same time. We lyave been informed that three consttllants have reviewed rho property to offer #heir recommendation as to witetl3er the criteria far listing can even be achieved. We understand that two consultants believe that one criterion far listing might 6e met. 1•lowevcr, one aF the canst~ltants has specifically opined thtit the property does not meet any of the criteria, and that the property does not qualify far fisting. As we are sure you are well aware, there are laws that praiect religiaeis itts#ihitions like ours when goverrrtttent regulations take away a property's ecano~ttic value. '1-here is evidence its the record before you That strpl~or#s a decision not to list This property. Moreover, because the farmer oevner of the property hard no desire to Foree the perpetual use of the property as an orchard, and beCAUSe the Cul'renl otiYriel'S trove n0 inClinat'loil or' deslf'e #U COIL#1i1t1C that tESe Oil t}le p!'aper#y, we ask that you recornntend that tltc property not be listed. Sincerely, r "^~ } ~ Gregg Phfick 13xectEtive Director Lutheran High School oFOrange County ~ ~~ Kevin Tilden Executive Vice President of Finance and GhieFf:inancia} Officer Concordia Utiiver•sily 11'1'ine Page 2 of 2 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 ROH - 04/05/12 RESOLUTION NO. 2012-~;XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2012-01 TO PLACE THE PROPERTY LOCATED AT 1584 EAST SANTA CLARA AVENUE, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2012-01 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission 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 for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2012-01) and categorization (Historic Resources Commission Categorization No. 2012- 01) of the Sexlinger Property, located at 1584 East Santa Clara Avenue, Santa Ana. B. 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 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. C. The Sexlinger Property qualifies for listing on the Santa Ana Register of Historical Properties and is eligible for categorization as "Key" because it meets the minimum selection criteria of being 50 years or older and further meets 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. 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. D. The Sexlinger Property shall 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 Resolution No. 2012-XXX Page 1 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 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. E. The legal owners of the subject property are the Concordia University Foundation and the Lutheran Church of Orange County. The property owners were notified of the proposed historic listing and submitted a letter of protest to the listing. F. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. G. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. H. The subject property meets the minimal standards for placement in the key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. 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 Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2012-01 to place the Sexlinger Property, located at 1584 East Santa Clara Avenue, Santa Ana, on the historical register, and B. Historic Register Categorization No. 2011-03 placing the Sexlinger Property, located at 1584 East Santa Clara Avenue, Santa Ana, within the Key category. 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; the report entitled "Historical Property Description;" and the public testimony, all of which are incorporated herein by this reference. Section 4: For the subject property, a report entitled "Historical Property Description," is on file in the Planning and Building Department, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. Resolution No. 2012-XXX Page 2 of 4 EXEMPT FROM FEES PURSUANT TO GOVERNMENT CODE § 6103 ADOPTED this 5th day of April , 2012. Chairperson APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2012-XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on April 5, 2012 Date: Commission Secretary City of Santa Ana Resolution No. 2012-XXX Page 3 of 4 EXEMPT FROM FEES PURUSANT TO GOVERNMENT CODE § 6103 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 Church of Orange County Exhibit A Resolution No. 2012-XXX Page 4 of 4