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HomeMy WebLinkAboutHRC FULL PACKET 2010-08-12CITY OF SANTA ANA HISTORIC RESOURCES COMMISSION MEETING SPECIAL MEETING AGENDA August 12, 2010 4:30 P.M. AFTERNOON SESSION PUBLIC HEARING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA VACANT MA MORAL REPRESEN TATI VE LAURENCE HITTERDALE WARD 1 REPRESENTATIVE BLAIR O'CALLAGHAN WARD 3 REPRESENTATIVE VACANT WARD 5 REPRESENTATIVE ERICK PLASCENCIA COMM. REDEV. COMMISSION REP. ALFONSO BUSTAMANTE WARD 2 REPRESENTATIVE DONALD ROGERS WARD 4 REPRESENTATIVE VACANT WARD 6 REPRESENTATIVE JAMES GARTNER PLANNING COMMISSION REP. +- - + - -4 - -4 - -+ -- 4 - -4- -+ - - +- - 4- -+ - - +- If you need special assistance to participate in this Historic Resources Commission meeting, please contact Ellen Smiley, City ADA Program Coordinator, at (714) 647 -5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Planning & Building Agency, 20 Civic Center Plaza (M -20) P.O. Box 1988, Santa Ana, CA 92702 (714) 667 -2700 The Historic Resources Commission Agenda can be found online at http://www.ci.santa- ana.ca.us /pba /documents /agenda hrcpdf CODE OF ETHICS AND CONDUCT The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City's Code can be found on the Clerk of the Council's webpage. The following are the core values expressed: Integrity • Honesty - Responsibility • Fairness • Accountability • Respect • Efficiency PUBLIC COMMENTS Pursuant to Government Code Sec. 54954.3, the public may address the Commission on any and all matters under the Commission's jurisdiction. To speak, please register by submitting a completed "Request to Speak" form to the Commission Secretary. Speaker forms are available on the speaker's podium and Chamber Lobby. • To speak on an item on the Agenda, enter the Agenda item number on your speaker form. The Chairperson will call your name when that Agenda item is considered. • To speak on an item not on the Agenda, check the Public Comments box on your speaker form. The Chairman will call your name during the Public Comments portion of the meeting. Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. AGENDA INFORMATION The agenda descriptions provide the public with a general summary of the items of business to be considered by the Commission. The Commission is not limited in any way by the "Recommended Action" and may take any action which the council deems to be appropriate on an agenda item. Except as otherwise provided by law, no action shall be taken on any item not listed on the agenda. All supporting documentation for this Agenda is available for public review in the Planning Division during the business hours, 8:00 a.m. — 4:00 p.m., Monday through Friday. The Planning Division is located in City Hall, Ross Annex, Second Floor, 20 Civic Center Plaza, Santa Ana, California, telephone number is (714) 667 -2700. The current agenda and previously approved minutes are available online at: http:// www.santa - ana.org /city_meetings as well as the Planning and Building Agency homepage for the, http: / / www.santa- ana.org /pba. Consent Calendar - All matters listed under the Consent Calendar are considered to be routine by the Commission and will be enacted by one motion without discussion unless a member of the Commission "pulls" an item(s) from the consent calendar for a separate vote. Senate Bill 343 - As required by Senate Bill 343, any non - confidential writings or documents provided to a majority of the Commission members regarding any item on this agenda will be made available for public inspection in the Planning and Building Agency during normal business hours. Historic Resources Commission Agenda 2 August 12, 2010 HISTORIC RESOURCES COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA AUGUST 12, 2010 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR A. ELECTION OF OFFICERS (Continued by Historic Resources Commission: April 1, 2010 to August 12, 2010) RECOMMENDATION: 4:30 P.M. 1. Elect Chair of the Historic Resources Cornrnission for the year 2010 2. Elect Vice Chair of the Historic Resources Commission for the year 2010 B. MINUTES RECOMMENDATION: Approve minutes of the regular meeting of April 1, 2010 and July 1, 2010. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR C. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) PROCEDURAL RULES PUBLIC HEARING Historic Resources Commission Agenda 3 August 12, 2010 D. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2010-03,2010-04 AND 2010 -05 AND HISTORIC REGISTER CATEGORIZATION NOS. 2010-03,2010-04 AND 2010 -05 (Hally Soboleske) Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. ADDRESS STRUCTURE RECOMMENDED NAME CATEGORY 2022 North Ross Street Cotton Mather House Contributive H RCA 10 -03 /H RC 10 -03 2127 North Greenleaf Street E. B. Smith House Contributive H RCA10 -04 /H RC 10 -04 917 North Louise Street W. P. Heninger Contributive (HRCA10- 05 /HRC10 -05) House PUBLISHED IN THE ORANGE COUNTY REPORTER: July 30, 2010 PUBLICLY NOTICED: July 30, 2010 RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No and Historic Register Categorization No. 2010 -03. 2. Adopt a resolution approving Historic Resources Commission Application No and Historic Register Categorization No. 2010 -04. 3. Adopt a resolution approving Historic Resources Commission Application No and Historic Register Categorization No. 2010 -05. BUSINESS CALENDAR E. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -09 (Hally Soboleske) 2010 -03 2010 -04 2010 -05 Filed by the City of Santa Ana, to execute a historic property preservation agreement with Donald and Joanne Payne for the structure at 2022 North Ross Street (Cotton Mather House). Historic Resources Commission Agenda 4 August 12, 2010 RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Donald and Joanne Payne, property owners, for the structure located at 2022 North Ross Street subject to non - substantive changes approved by the City Manager and City Attorney. F. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -10 (Rally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Melvin and Catherine Ladd for the structure at 2127 North Greenleaf Street (E. B. Smith House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Melvin and Catherine Ladd, property owners, for the structure located at 2127 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. G. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -11 (Rally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Stephanie Stephens for the structure at 2003 North Ross Street (Frandson House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Stephanie Stephens, property owner, for the structure located at 2003 North Ross Street subject to non - substantive changes approved by the City Manager and City Attorney. H. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -12 (Rally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Gumm & Livingston Investments, a General Partnership, for the structure at 225 North Broadway (The Pacific Building). Historic Resources Commission Agenda 5 August 12, 2010 RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gumm and Livingston Investments, a General Partnership organized in California, property owner, for the structure located at 225 North Broadway subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -13 (Hally Soboleske) Filed by the City of Santa Ana to execute a historic property preservation agreement with Armin Schwegler for the structure at 602 South Broadway (Fipps -Fink House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Armin Schwegler, property owner, for the structure located at 602 South Broadway subject to non - substantive changes approved by the City Manager and City Attorney. 1. PUBLIC COMMENTS (items not on the agenda) STAFF AND COMMISSION COMMENTS 2. STAFF COMMENTS 3. HISTORIC RESOURCES COMMISSION COMMENTS 4. EXCUSE OF ABSENCES ADJOURNMENT Historic Resources Commission Agenda 6 August 12, 2010 MINUTES OF THE HISTORIC RESOURCES COMMISSION AGENDA OF THE CITY OF SANTA ANA APRIL 1, 2010 CALLED TO ORDER: 4:36 P.M. City Hall Council Chambers 22 Civic Center Plaza Santa Ana, California ATTENDANCE: COMMISSIONERS PRESENT: Alfonso Bustamante James Gartner Laurence Hitterdale Blair O'Callaghan (arrived 4:40 p.m.) Donald Rogers COMMISSIONERS ABSENT: Jennifer Villasenor STAFF PRESENT: Karen Haluza, Planning Manager (arrived 4:51 p.m.) Sergio Klotz, Principal Planner Martha Ramirez, Recording Secretary PLEDGE OF ALLEGIANCE LED BY RECORDING SECRETARY RAMIREZ A. ELECTION OF OFFICERS RECOMMENDATION: (a) Elect Chair of the Historic Resources Commission for the year 2010 (b) Elect Vice Chair of the Historic Resources Commission for the year 2010 MOTION: (a) Elected James Gartner Interim Chair of the Historic Resources Commission (b) Elected Alfonso Bustamante Interim Vice Chair of the Historic Resources Commission (c) Continue election to July 1, 2010 to allow for a full quorum. MOTION: O'Callaghan SECOND: Bustamante VOTE: AYES: Bustamante, Gartner, Hitterdale, O'Callaghan, Rogers (5)_ NOES: None (0) ABSENT: Villasenor (1) ABSTAIN: None (0) Historic Resources Commission Minutes 1 April 1, 2010 MOTION: Approve staff recommendations on the following Consent Calendar items. MOTION: O'Callaghan SECOND: Rogers VOTE: AYES: O'Callaghan, Rogers(2) NOES: None 0 ABSENT: Villasenor 1 ABSTAIN: Bustamante, Gartner, Hitterdale 3 B. MINUTES RECOMMENDED MOTION: Approve minutes of the regular meeting of January 7, 2010. Commissioners Bustamante, Gartner and Hitterdale abstained due to their absence on January 7, 2010. C. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes that pursuant to the Brown Act, the January 7, 2010 Agenda of the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on December 18, 2009 at 9:02 a.m. **END OF CONSENT CALENDAR *" BUSINESS CALENDAR D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner O'Callaghan abstained on items related to property at 2134 North Ross Street (HPPA No. 2010 -06, and HRCA/HRC 2010 -02) as he resides within the 500 -foot radius. ITEMS TAKEN OUT OF ORDER PROCEDURAL RULES PUBLIC HEARINGS 1. HISTORIC RESOURCES COMMISSION APPLICATION NO. 2010 -01 AND 2010- 02;HISTORIC REGISTER CATEGORIZATION NO. 2010 -01 AND 2010 -02 Historic Resources Commission Minutes 2 April 1, 2010 Filed by the City of Santa Ana to place and categorize the structures on the Santa Ana Register of Historical Properties. PUBLISHED IN THE ORANGE COUNTY REPORTER: March 22, 2010 PUBLICLY NOTICED: March 22, 2010 RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2010 -01 and Historic Register Categorization No. 2010 -01. 2. Adopt a resolution approving Historic Resources Commission Application No. 2010 -02 and Historic Register Categorization No. 2010 -02. Associate Planner Hally Soboleske presented the staff report and recommendation. MOTION: 1. Adopt a resolution approving Historic Resources Commission Application No. 2010 -01 and Historic Register Categorization No. 2010 -01. 2. Adopt a resolution approving Historic Resources Commission Application No. 2010 -02 and Historic Register Categorization No. 2010 -02. Commissioner O'Callaghan abstained from voting on item. MOTION: Bustamante SECOND: Rogers VOTE: AYES: Bustamante, Gartner, Hitterdale, O'Callaghan, Rogers(5) NOES: None (0) ABSENT: Villasenor (1) ABSTAIN: O'Callaghan (1) 2134 N. Ross Street 2. HISTORIC EXTERIOR MODIFICATION APPLICATION NO. 2010 -01 Filed by Leyna Nguyen, to allow exterior modifications to the Gardiner House at 1449 South Cypress Avenue located in the Two Family Residential (R2) zoning district. PUBLISHED IN THE ORANGE COUNTY REPORTER: PUBLICLY NOTICED: March 22, 2010 March 22, 2010 Historic Resources Commission Minutes 3 April 1, 2010 RECOMMENDATION: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification No. 2010 -01. Associate Planner Hally Soboleske presented the staff report and recommendation. MOTION: Adopt a resolution approving a Certificate of Appropriateness for Historic Exterior Modification No. 2010 -01. MOTION: O'Callaghan SECOND: Rogers VOTE: AYES: Bustamante, Gartner, Hitterdale, O'Callaghan, Rogers (5) _ NOES: None (0) ABSENT: Villasenor (1) ABSTAIN: None (0) 3. Public Comments (items not on the agenda) No public members spoke. BUSINESS CALENDAR MOTION: Approve staff recommendations on the following Business Calendar items with the exception of Item I — HPPA 2010 -06 for property at 2134 North Ross Street. MOTION: O'Callaghan SECOND: Bustamante VOTE: AYES: Bustamante, Gartner, Hitterdale, O'Callaghan, Rogers(5) NOES: None (0) ABSENT: Villasenor (1) ABSTAIN: None (0) E. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -01 Filed by the City of Santa Ana to execute a historic property preservation agreement with Humberto Sanchez for the structure at 2345 North North Park Boulevard (Gear House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Humberto Sanchez for the structure at 2345 North North Park Boulevard, subject to non - substantive changes approved by -the City Manager and City Attorney. Historic Resources Commission Minutes 4 April 1, 2010 F. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -02 Filed by the City of Santa Ana to execute a historic property preservation agreement with Lewis Janowsky for the structure at 1809 North Heliotrope Drive (Miller House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Lewis Janowsky for the structure at 1809 North Heliotrope Drive (Miller House), subject to non - substantive changes approved by the City Manager and City Attorney. G. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -03 Filed by the City of Santa Ana to execute a historic property preservation agreement with Patricia Paddock for the structure at 1904 North Heliotrope Drive (Elliott House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Patricia Paddock for the structure at 1904 North Heliotrope Drive (Elliott House), subject to non - substantive changes approved by the City Manager and City Attorney. H. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -04 Filed by the City of Santa Ana to execute a historic property preservation agreement with Miriam Galindo for the structure at 2323 North Bonnie Brae (Liggett House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Miriam Galindo for the structure at 2323 North Bonnie Brae (Liggett House), subject to non - substantive changes approved by the City Manager and City Attorney. I. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -06 Filed by the City of Santa Ana to execute a historic property preservation agreement with Tristen and Joanne Beamon for the structure at 2134 North Ross Street (Conklin House). Historic Resources Commission Minutes 5 April 1, 2010 RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Tristen and Joanne Beamon for Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Tristen and Joanne Beamon for the structure at 2134 North Ross Street (Conklin House), subject to non - substantive changes approved by the City Manager and City Attorney MOTION: Approve staff recommendation. MOTION: Bustamante SECOND: Rogers VOTE: AYES: Bustamante, Gartner, Hitterdale, Rogers (4) NOES: None (0) ABSENT: Villasenor (1) ABSTAIN: O'Callaghan (1) J. HISTORIC PRESERVATION PROPERTY AGREEMENT NO. 2010 -07 Filed by the City of Santa Ana to execute a historic property preservation agreement with Sayo Yokoi and Hector R. Alvarez for the structure at 2454 North Heliotrope Drive (J.C. Smith House). RECOMMENDATION: Recommend that the City Council authorize the City Manager and Clerk of the Council to execute -the attached agreement with Sayo Yokoi and Hector R. Alvarez for the structure at 2454 North Heliotrope Drive (J.C. Smith House), subject to non - substantive changes approved by the City Manager and City Attorney STAFF AND COMMISSION COMMENTS 4. Staff Comments Principal Planner Klotz announced upcoming elections the week of April 5, 2010. 5. Historic Resources Commission Comments Commissioners welcomed Commissioner Laurence Hitterdale. Commissioner Rogers inquired if self- nominations for Historic Resources Chairman were allowed. Historic Resources Commission Minutes 6 April 1, 2010 6. Excuse of Absences Commissioner Bustamante moved to excuse the absence of Commissioner Villasenor. The motion was seconded by Commissioner Rogers and unanimously approved by the Commission by a vote of 5:0. 7. Adjournment 5:50 pm Im Historic Resources Commission Minutes 7 April 1, 2010 MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA JULY 1, 2010 CALLED TO ORDER: 4:39 P.M. City Hall Council Chambers 22 Civic Center Plaza Santa Ana, California ATTENDANCE: COMMISSIONERS PRESENT: Alfonso Bustamante Laurence Hitterdale Blair O'Callaghan Erick Plascencia COMMISSIONERS ABSENT: James Gartner Donald Rogers STAFF PRESENT: Jay Trevino, Ex. Dir. Planning & Bldg. Agency Joseph Fletcher, City Attorney Karen Haluza, Planning Manager Sergio Klotz, Principal Planner Martha Ramirez, Recording Secretary Meeting adjourned due to lack of quorum. City Attorney Fletcher confirmed that, due to the fact that the Historic Resources Commission is a nine - member commission, five members must be present to constitute a quorum. Planning Manager Haluza stated that the next regularly scheduled Historic Resources Commission meeting is set for October 7, 2010, but that a special meeting would be scheduled prior to that time in order to assist those applicants who were not able to have their items considered at this meeting. She further stated that each of the Commissioners would be polled to ensure that a quorum would be present at the special meeting and that each Public Hearing item would be re- noticed. MEETING ADJOURNED 4:40 P.M. Historic Resources Commission Minutes 1 July 1, 2010 REQUEST FOR Historic Resources Commission Action AUGUST 12, 2010 TITLE: PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2010 -03, 2010 -04 AND 2010 -05; AND HISTORIC REGISTER CATEGORIZATION NOS. 2010 -03, 2010 -04 AND 2010 -05 Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Planning Mana r Adopt a resolution approving Historic Resources Commission Application No. 2010 -03 and Historic Register Categorization No. 2010 -03. 2. Adopt a resolution approving Historic Resources Comrnission Application No. 2010 -04 and Historic Register Categorization No. 2010 -04. 3. Adopt a resolution approving Historic Resources Commission Application No. 2010 -05 and Historic Register Categorization No. 2010 -05. DISCUSSION Request of Applicant Due to a lack of quorum at the July 1, 2010 Historic Resources Commission meeting, the application has been re- noticed for a special meeting on August 12, 2010. This request is for three structures to be designated to the Santa Ana Register of Historical Properties (Exhibit 1). The applicants are the homeowners: Donald and Joanne Payne at 2022 North Ross Street; Mel and Catherine Ladd at 2127 North Greenleaf Street; and Anthony Michalski at 917 North Louise Street. No known code violations exist at any of these properties. Analysis of the Issues The structures identified meet the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30 -2 of the Santa Ana Municipal Code. The first criterion for selection requires that structures be 50 or more years old. As detailed in the following property descriptions, the structures proposed for placement on the Register meet the minimum age criterion. The analysis further indicates the criteria each property meets for consideration of historic designation. X HRCA Nos. 2010 -03 thru 2010 -05 HRC Nos. 2010 -03 thru 2010 -05 August 12, 2010 Page 2 2022 North Ross Street — Cotton Mather House (HRCA /HRC No. 2010 -03). The Cotton Mather House is an architecturally significant building constructed in 1922 and is a Mission /Spanish Colonial Revival style. Character defining features of this structure include four arched openings on the front fagade, roof configuration, tower entry, and tile roofing. It is recommended to be categorized as Contributive because it "is a good example of period architecture" and "contributes to the overall character and history" of historically significant Floral Park (Exhibit 2). 2127 North Greenleaf Street — E.B. Smith House (HRCA/HRC No. 2010 -04). The E.B. Smith House is an architecturally significant building constructed in 1927 and is a Tudor Revival style. Character defining features include high pitched front facing gable, rolled roof edges, smooth stucco finish, original wood windows, and arched porch entry. It is recommended to be categorized as Contributive because it "is a good example of period architecture" and "contributes to the overall character and history" of historically significant Floral Park (Exhibit 3). 917 North Louise Street — W.P. Heninger House (HRCA/HRC No. 2010 -05). The W.P. Heninger House is an architecturally significant building built in 1930 in the Spanish Colonial Revival style. Character defining features of the W.P. Heninger House include high pitched front facing gable, clay tube attic vents, arched entry, and pony wall that creates a courtyard. It is recommended to be categorized as Contributive because it "is a good example of period architecture" and "contributes to the overall character and history" of historically significant Washington Square (Exhibit 4). CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption will be filed for this project. ri),�! o. /m�i' ... 'ieske "' - HS:jm hs \Historic Info\ 081210HRC \hrca.hrcl0- 03thru05.081210.hrc 2111 JIJ„ .._ li7J 2: ice: 2717 l 21 .!? ?it}4 7110 210 Tre ?7 2a. �,s 2044 2103 710.7 2ltl3 1 2440 2JMS 1042 2043 I rT 1036 .7041 2038 �G! 2032 2033 2034 2037 . 21328 2031 21730 203'1 7u 2026 2027 2076 %027 2;724 202' 211 7 2018 2023 2021 2014 2011 2477 207d a 201ST w Jai- 7 1018 2010 2017 2014 r q% W 201!1 '073' 7dt2 20p7 � 10K 2008 � L a W 20D4 2008 2005 M66 � s. 2000 K 2006 2004 2D03 142.1 1924 1933 1910 f 9r4 1420 r9r9 1937 jars 'r1 1977 - t9a9 :!3llQ u5 4+. M iii v `Y `] rj t'h'r 19TH ST 500' RADIUS H RC/H RCA - 2010 -03 2022 North Ross Street PLANNING AND BUILDING AGENCY EXHIBIT 1 Page 1 of 3 500' RAD! U S H RC /H RCA - 2010 -04 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY Page 2 of 3 f 2221 1_12 2220 2 =r9 2.2;0 :276 �'�'K 22 r4 22t5 -s1 221► 2210 2212 2216 '�r35 1— 2211«3 22117.., � 2201 LL 2205 2209 2210 a x204 r� W 2204 (EI U7 2202 4 1� 13 226'1 z 3 u 2201 O u 21'44 ul 2145 21417 2139 22aW s � 2140 � 2141 2125 2131' 2;.3.5 212b 2134 2J3,; 21.32 21 j0 2131 2119 ? 1 711 2133 2126 2127 2124 21;H 2165 2J29 2120 2125 :rtff 2114 2117 2662 2149 2121 2112 21 J.5 2109 164 2Arp :117 2t ;; 31r.s 2104 2160 2GfdA 'a(,N 2147 7102 : ,12 ?1�?1, 2044 1196 21172 2103 2r:Yri 14) .�J .'[.: i 2040 21145 2Ua2 2043 2036 2044 203$ 2,OW41 2036 2092 7033 203.1 ?j),;7 240 9 ?, 2031 F03r7 C):T7 21326 °U M26 2037 _ 2069 J7,�2 M01 2r;Jfi' 2u2:i 2c..77 2021 500' RAD! U S H RC /H RCA - 2010 -04 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY Page 2 of 3 500' RADIUS H RC /H RCA - 2010 -05 917 North Louise Street PLANNING AND BUILDING AGENCY Page 3 of•3 ri rl CO SANTA CLARA Av 2220 -'7d8 2224 2 ? ?B 2715 2226 2221 �4Va< 7214 271' 2211 1 2210 7212 2216 2 2209 7207 31: 12021 W 7 a� 2205 2210 2X4 u 2204 03 2703 de c :lt�? Z 7209 p 2201 PQ 0 .;j d 144 W a 2a4S (Y 2204 U - Ul 2a4o 741 2140 1139 !25 2135 3 ?fr 2 J 34 2132 2239 2 i3 2131 „g 2130 2133 2J26 2127 2228 20 2t2B lay al.��l 2120 '225 2119 22,77 2! "p 14 2116 11 a 7 1112 .`Jri. 727: 1117 2a! 7!lm ?1()6 1:3 2117 2! J J 2 f;7.S 2J{W 2109 2J07 2RV 2aG5 7 Jf�,t 20411 H ,d4 2103 2103 � �'' 7043 y -wJ4il •IJr .�1 '�'2039 A32 _� 22733 °` ^1.; 500' RADIUS H RC /H RCA - 2010 -05 917 North Louise Street PLANNING AND BUILDING AGENCY Page 3 of•3 EXECUTIVE SUMMARY COTTON MATHER HOUSE 2022 North Ross Street Santa Ana, CA 92706 NAME Cotton Mather House REF. NO. ADDRESS 2022 North Ross Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTIIRAL STYLE: Mission /Spanish Colonial Revival The Mission /Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low- pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. -The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The Cotton Mather House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mission /Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Mission /Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 551: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 State of California --The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings___. Review Code Primary #_ HRI # Trinomial NRHP Status Code Reviewer Date pane 9 of 4 Resource namefsl or number (assioned by recorder) Cotton Mather House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. LISGS 7.5' Quad TCA1725 Date: *c. Address 2022 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 103 -26 *P3a. Description: (Describe resource and its major elements. include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth knish stucco, with a cross gabled roof, this Mission /Spanish Colonial Revival is topped with front facing clay barrel tiles and very shallow eaves, and a flat roof to the rear. Although the structure is single story, a one and a half story tower graces the top of the front porch. The tower is also clad in stucco, and expouses a the topped parapet and an attic vent decorated to look like a foil. The front entry is located under this tower, and the spanned entry is marked with rusticated, nonprojecting molding with a slight keystone. The front fagade is dominated by four six foot tall round arched windows. The window surround wraps the two outmost arches ground to top and the tops of each arch with the some rusticated stucco as the tower. Each window is separated by simple Doric graduated columns. Three steps lead to thefront entry and tiled with Mexican clay tiles and bookended by nonoriginal wrought iron handrails. Other windows on the building aresingle hung wood with wood sills and are without tern. A nondescript detached garage sits to the rear of the property. Landscape is well manicured, and consistes of native plants such as palms, cypress and yucca. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: wBuilding ❑Structure ❑Object ❑Site ©District ❑Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P5b. Photo: (view and date) East facing elevation March 2010 *P6. Date Constructed/Age and Sources: ■historic 1927/City of Santa Ana Building Permits *P7. Owner and Address: Donald and Joanne Payne 2022 North Ross Street Santa Ana, CA 92706 *P8. Recorded by: Holly Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: May 19, 2010 *P10. Survey Type: Intensive Survey Update *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record []District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑photograph Record CI Other (list) DPR 623A (1195) Page 2 of 5 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: Cotton Mather House B1. Historic Name Cotton Mather House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *135. Architectural Style: Mission /Spanish Colonial *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 January 25, 1928. Residence and garage. $6,750. March 8, 1938. Playhouse for children. $150.00. May 3, 1940. Reroof by owner. October 18, 1943. Reroof for Mrs. C, Mather. September 5, 1968. Water heater. April 17, 1975. Plumbing by R. Mather, owner. April 3, 1991. Repairgarage rafters $1,000.00. May 17, 1991. Sewerrepairr, May 17, 1991. Electrical 2000sf residence. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: None. 69a. Architect: Unknown b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: Z, CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Cotton Mather House is architecturally significant as a Mission/Spanish Colonial Revival style. It was built in 1928, but completed in 1929, the first owners were Cotton and Marion Mather. It is unknown if Mr. Mathers was related to Cotton Mather, the puritan minister from the 1700's, as well as a founder of Yale University. When Cotton moved into this house, he was the secretary for the Santa Ana Building and Loan located at 609 S. Sycamore. By 1941, he was the president and manager of the Building loan (which by that time had moved to 601 N. Main Street). Cotton died in 1942, and Marion continued living in the home on her own until the the early 1960's, at which time "R." Mather took ownership. The home changed hands several times after that (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: March 10, 2010 Page 3 of 5 .s. Map State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Cotton Mather House *Recorded by Hally Soboleske *Date May 19, 2010 0 Continuation ❑ Update DPR 523B (1195) *Required information *610. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Cotton Mather House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Registerr, September 15, 1981). The parcel chosen became the Floral Parts subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Parts homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Parts showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during Worid War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Parts. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -Worid War 11 years, Floral Parts continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Part( tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Parts. Today (2007), Floral Parts maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Cotton Mather House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mission /Spanish Colonial style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Mission/Spanish Colonial style in the Floral Parts neighborhood, is a good example of period architecture'; as well as its association with Cotton Mather, president of the Santa Ana Building and Loan Association. Character - defining exterior features of the Cotton Mather House that should be preserved include, but may not be limited to, exterior materials and; arched front facing windows, rusticated window and porch entry trim, and roof material. (this space reserved for official comments.) Page4of5 DPR 523E State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Cotton Mather House *Recorded by Hally Soboleske *Date May 19, 2010 El Continuation ❑ Update 1312. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. `How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County, California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT 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 Floral Park." http.-IAvww.floral-park.corrVpa-qe2.htm Nursery Operator Dies," Santa Ana Register, August 28, 1957. Santa Ana and Orange County Directories, 1937 -1978. Page 5 of 5 DPR 623L EXECUTIVE SUMMARY E.B. SMITH HOUSE 2127 North Greenleaf Street Santa Ana, CA 92706 NAME E.B. Smith House REF. IVO. ADDRESS 2127 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 _7 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half- timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 191h century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY /CONCLUSION: The E.B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, `How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SSi: Individual property that is listed or designated locally. EXHIBIT 3 Page 1 of 5 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary HRI # Trinomial_ NRHP Status Other Listings _ Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) E.B. Smith House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2927 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 112 -35 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth finish stucco, with a cross gabled roof, The E. B. Smith House is a single story home in a Tudor Revival style of architecture. The steep front gable with composition shingle with rolled edges and remaining roof is clad with composition shingle to match. The front facing gable is pierced by a nondescript rectangular attic vent. The front porch is wrapped by two wide stucco pilasters with a stuccoed pony wall in between. The south facing porch entry has a narrow, arched opening. The front facing window (west) is a wood tripartite window with wood screens and a nonoriginal canvas canopy covering the top. Another front facing window is a tripartite bow window gracing the front porch area towards the front yard. Porch flooring is concrete. Two steps lead to the front entry underneath the arched opening. Other windows on the building are single hung wood with wood sills and are sans trim. A nondescript detached garage sits to the rear of the south side of the property. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure []Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East facing elevation ❑ Other (list) March 2010 *P6. Date Constructed /Age and Sources: ■historic 19271City of Santa Ana Building Permits *P7. Owner and Address: Melvin and Katherine Ladd 2127 North Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: May 24, 2010 *P10. Survey Type: tntensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. *Attachments: ❑None ❑Location Map ❑ Sketch Map ■Continuation Sheet NBuilding, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑ Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record DPR 523A (1195) *Required information Page 2 of 5 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: E.B. Smith House B1. Historic Name E.B. Smith House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single- family Residence *B5. Architectural Style: Tudor Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 April 21, 1927. Residence and garage. $4,000. February 2, 1942. Reroof by Pan Roofing Co. $375.00. July 9, 1945. One fixture for E.B. Smith by United Plumbing. $75. August 28, 1962. Grove electric. Relocate meter. (August 29, 1962). November 10, 1988. Aluminum patio enclosure and fixtures. April, 9, 1990. Reroof. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *B8. Related Features: None. 139a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single- family Residence Applicable Criteria: NR: Z; CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The E.B. Smith House is architecturally significant as a Tudor Revival style of architecture in the Floral Park neighborhood. It was built in 1927, but completed in 1928. The first owners were E. Bradley and Flora Smith. Mr. Smith was a local proprietor of the Smith Pump Equipment Company, and he ran the company until 1940. The Smiths lived in the home until at least 1956, where city records indicate that ownership shifted after that year The home has been restored by Melvin and Katherine Ladd. (See Continuation Sheet 3 of 4.) 1311. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Hally Soboleske *Date of Evaluation: May 24, 2010 DPR 523B (1/95) (This space reserved for official comments.) Page 3 of 5 Sketch Map 2127 North Greenleaf St. g 002 - 112 -35 ;/F*Required information /T State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House "Recorded by Hally Soboleske "B10. Significance (continued): "Date May 24, 2010 El Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The E.B. Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The E. B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the Tudor Revival style in the Floral Park neighborhood, `is a good example of period architecture'; as well as its association with E.B. Smith, longterm owner and proprietor of the Smith Pump Company located in Santa Ana. Character - defining exterior features of the E.B. Smith House that should be preserved include, but may not be limited to, rolled roofing edges, smooth stucco exterior cladding, original windows where extant, and front porch configuration. DPR 623L Page 4 of 5 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET -trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House "Recorded by Hally Soboleske "Date May 24, 2010 ff] Continuation ❑ Update 1312. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County. California. volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT 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 Floral Park." http : //www .floral- park.com/page2.htm1. Santa Ana and Orange County Directories, 1937 -1978. DPR 523L Page 5 of 5 EXECUTIVE SUMMARY W.P. HENINGER HOUSE 917 North Louise Street Santa Ana, CA 92703 NAME Heninger House REF. NO. ADDRESS 917 North Louise Street CITY Santa Ana ZIP 92703 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Washington Square CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Spanish Colonial Revival The Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The W.P. Heninger House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial Revival. The house also contributes to the historic character of the Washington Square neighborhood through its age, style, and scale. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Washington Square, and, as an intact and representative example of the Spanish Colonial Revival, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 4 Page 1 of 4 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial NRHP Status Code Reviewer PanP 1 of 1 RPCnurre name(s) nr number (assionPd by recorder) WP _ Heninaer Hnuce Date P1. Other Identifier: *P2. Location: ❑Not for Publication MUnrestricted *a. County Orange County *b. USGS 7.5' Quad TCA0054 Date: *c. Address 997 North Louise Street City Santa Ana Zip 92703 *e. Other Locational Data: Assessor's Parcel Number 405 - 261 -31 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This Spanish Colonial Revival styled residence is single story with a smooth stucco finish, and a front facing gable and flat roof. A tall, steep gable, pierced by three clay tubes for venting, spans nearly the width of the front of the house. The front facing gable and remaining roofing is topped with nonoriginal clay barrel tile. An arched entry leads the way to the front porch which is surrounded by a stocco'ed pony wall that extends from the arched opening to the northernmost setback of the house. Other than the front facing gable entry, the remainder of the residence is rectangular in design with the right bay extending upwards above the crass gable. This bay is pierced by three round clay ventsapproximately two feet apart in a horizontal line. The front fagade is pierced by four window openings. The window on the front facing gable is wood and tripartite in design with a fixed center window and casement on either side. Other windows are also wood, and a combination of single hung and casement. A nondescript garage sits to the rear of the property. The garage has a flat roof with barrel tile capping the parapet, and a front facing shed roof over the garage door. The structure is in excellent condition and appears to be substantially intact,' possible alterations include refinishing of the stucco, and the composition shingle on the front facing gable. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■Building ❑Structure []Object ClSite ❑District ❑Element of District []Other intensive Survey upaare P5b. Photo: (view and date) East facing elevation January 2010 *P6. Date ConstructedlAge and Sources: ■historic 9930 /Source: City of Santa Ana Building Permit W. Owner and Address: Anthony Peter Michalski 917 North Louise Street Santa Ana, CA 92703 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: July 9, 2090 *P10. Survey Type: *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Arti €act Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 4 *Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: W.P. Heninger House B1. Historic Name: W.P. Heninger House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single - family residence *135. Architectural Style: Spanish Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930 November 20, 1930. Residence and garage for W, P. Heninger. $3,500. June 3, 1954. 1 fixture for A. E. Confer by Pacific. $100. May 4, 1971. Water heater by Pacific Inst. October 11, 1978. Floor furnace for Flossie Confer. May 14, 1984. Service meter. May 7, 1990. A/C on roof, fumice, absorbption system, gas piping. *87. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *88. Related Features: B9a. Architect: Unknown b. Builder: Unknown *810. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1888 -1953 Property Type: Single- family Residence Applicable Criteria: NR: X; CR: 3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The W.P. Heninger House is architecturally significant as a characteristic example of the revival styled homes built along the streets of the Washington Square neighborhood during its most characteristic phase of development. According to City building permit records, the house and garage were built for William P. Heninger of the Heninger family that founded Heninger Park in Santa Ana. William and his wife Cleora originally lived at 1631 West Third Street, and he was employed as a carpenter. While the home was still under construction, they moved to 714 North Ross Street with relatives Mildred and Mary Heninger. The home was built as a speculative venture. The entire household vented the Ross Street house from Cleophus and Anna Sparks, a salesman with Sam Stein's Stationary Store on Fourth Street. The Heningers never moved into this Louise Street residence as the first known residents were Cleophus and Anna Sparks in 1935. By 1936, Van L. and Edna Brown moved into the home while conducting business at 103 West Third Street as Hawks -Brown Real Estate and Insurance Company. Mr. Brown was a 50 year member of the local Masonic Lodge, a Shriner, and Rotary Club member. He was interred at Fairhaven Memorial Park with Smith and Tuthill Mortuary in charge of the burial. His wife, Edna was a secretary before marriage. Mrs. Edna Brown lived in the residence until 1947 when Mr. M.R. Duncan took occupancy. By 1956, Arthur (Arth) and Flossie Confer owned the home. Arth was a well -loved custodian at Wilson High School. The home changed hands a few times until Mr. Anthony Peter Michaliski took residence in 2009. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *812. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Hally Soboleske (This space reserved for official comments.) Sketch Map ._ ______} TP 7 it 01 )MS C *Date of Evaluation: May 25, 2010 917 N. Louise St. 405 - 261 -31 DPR 5238 (1195) *Required information Page 3 of 4 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or# (Assigned by recorder) W.P. Heninger House *Recorded by Hally Soboleske *1310. Significance (continued): *Date May 25, 2010 IRI Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The W.P. Heninger House is located in Washington Square, a neighborhood located northwest of the city center bounded by West Seventeenth Street on the north, West Civic Center Drive on the south, North Flower Street on the east, and North Bristol Street on the west. Most of this area was owned by the family of Jacob Ross, who had purchased portions of the Rancho Santiago de Santa Ana in 1868 and 1869. Walnuts and other crops were grown in the area during the late nineteenth and early twentieth centuries, with a few farmhouses, most notably the Ross - McNeal House at 1020 North Baker Street, dotting the landscape. By 1905, Baker and Towner were the only streets in the neighborhood, which extended from Hickey (now Civic Center) only as far as Washington and which contained only about a dozen homes. The status quo had not changed much by 1915, when a brick yard was located at the northern terminus of Olive Street at Hickey. In 1925, the beginning of the development that would convert this largely agricultural area into a middle class neighborhood of single - family homes over the next 25 years had begun. In the late 1920s and early 1930s, the Tudor Revival and Spanish Colonial Revival homes were the standard, with American Colonial Revival saltboxes and ranch style homes favored in the years before and after World War 11. During the 1930s, many of the homes were built by local contractor Emmett Rogers, who sold lots and built homes according to standard plans, which individual property owners could customize to their tastes ( "Washington Square: A Neighborhood of Pride, " Washington Square Neighborhood Association). With the return of servicemen following the war and the accompanying demand for homes in southern California, the development of Washington Square was all but completed. The W. P. Heninger House qualifies for listing in the Santa Ana Register of Historical Property under Criterion 3 for its exemplification of the distinguishing characteristics of one of the popular revival styles of the 1920s and 1930s, the Spanish Colonial Revival. The house contributes to the historic character of the Washington Square neighborhood through its age, style, and scale. The WP Heninger House has been categorized as "Contributive" because it contributes to the overall character and history" of Washington Square, and, as an intact and representative example of the Spanish Colonial Revival Revival and "is a good example of period architecture." Character - defining exterior features of the W.P. Heninger House that should be preserved, include, but may not be limited to: materials and finishes (stucco); roof configuration and arched front porch opening, massing, original windows and doors where extant, and front porch area via pony wall. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York. Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Washington Square: A Neighborhood with Pride." Washington Square Neighborhood Association, no date. Santa Ana and Orange County Directories, 1924 -1935. Page 4 of 4 DPR 523L KO —6/17/10 RESOLUTION NO. 2010 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2010 -03 TO PLACE THE PROPERTY LOCATED AT 2022 NORTH ROSS STREET, SANTA ANA ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2010 -03 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE 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 July 1, 2010, 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. 2010 -03) and categorization (Historic Resources Commission Categorization No. 2010- 03) of the Cotton Mather House, located at 2022 North Ross Street, Santa Ana. B. The Cotton Mather House is an architecturally significant building constructed in 1922 and is a Mission /Spanish Colonial Revival style. The Cotton Mather House is eligible for designation as contributive as it "is a good example of period architecture" and "contributes to the overall character and history" of historically significant Floral Park. C. Character defining features of this structure include four arched openings on the front fagade, roof configuration, tower entry, and tile roofing. D. The legal owners of the subject property are Donald Walter & Joanne Doreen Payne. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. 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. Resolution No. 2010 -XXX Page 1 of 4 G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2: In accordance with the California Environmental Quality Act, the recommended action is exempt From further review under Section 15331, Class 31, as this action is designed to preserve historic resources. 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. 2010 -03 to place the Cotton Mather House, located at 2022 North Ross Street, Santa Ana on the historical register, and B. Historic Register Categorization No. 2010 -03 placing the Cotton Mather House, located at 2022 North Ross Street, Santa Ana within the Contributive 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. ADOPTED this day of , 2010. Resolution No. 2010 -XXX Page 2 of 4 Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto 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 attes t attached Resolution No. 2010 -XXX to be the original resolution Resources Commission of the City of Santa Ana on Date: Commission Secretary City of Santa Ana to and certify the adopted by Historic Resolution No. 2010 -XXX Page 3 of 4 LEGAL DESCRIPTION APN Address Owner Name Legal Description 002 - 103 -26 2022 North Ross Street Donald Walter & TR 788 LOT 17 AND ALL -EXS Joanne Doreen 37.50 FT- LOT 16 Payne Resolution No. 2010 -XXX Page 4 of 4 KO —6/17/10 RESOLUTION NO. 2010 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2010 -04 TO PLACE THE PROPERTY LOCATED AT 2127 NORTH GREENLEAF STREET, SANTA ANA ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2010 -04 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE 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 July 1, 2010, 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. 2010 -04) and categorization (Historic Resources Commission Categorization No. 2010- 04) of the E.B. Smith House, located at 2127 North Greenleaf Street, Santa Ana. B. The E.B. Smith House is an architecturally significant building constructed in 1927 and is a Tudor Revival style. The E.B. Smith House is eligible for designation as contributive as it "is a good example of period architecture" and "contributes to the overall character and history" of historically significant Floral Park. C. Character defining features include high pitched front facing gable, rolled roof edges, smooth stucco finish, original wood windows, and arched porch entry. D. The legal owners of the subject property are Melvin G. and Catherine W. Ladd. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Resolution No. 2010 -XXX Page 1 of 4 F. 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. G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2: In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under Section 15331, Class 31, as this action is designed to preserve Historic resources. 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. 2010 -04 to place the E.B. Smith House, located at 2127 North Greenleaf Street, Santa Ana on the historical register, and B. Historic Register Categorization No. 2010 -04 placing the E.B. Smith House, located at 2127 North Greenleaf Street, Santa Ana within the Contributive 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. 2010 -XXX Page 2 of 4 K C ADOPTED this day of , 2010. Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee O. Otto 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. 2010 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on Date: Commission Secretary City of Santa Ana Resolution No. 2010 -XXX Page 3 of 4 LEGAL DESCRIPTION APN Address Owner Name Legal Description 002 - 112 -35 2127 North Greenleaf Street Melvin G. and Catherine W. Ladd TR 788 LOT 17 AND ALL -EXS 37.50 FT- LOT 16 Resolution No. 2010 -XXX Page 4 of 4 KO — 6/17/10 RESOLUTION NO. 2010 -XXX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2010 -05 TO PLACE THE PROPERTY LOCATED AT 917 NORTH LOUISE STREET, SANTA ANA ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2010 -05 PLACING SAID PROPERTY WITHIN THE CONTRIBUTIVE 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, deterrnines and declares as follows: A. On July 1, 2010, 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. 2010 -05) and categorization (Historic Resources Commission Categorization No. 2010- 05) of the W.P. Heninger House, located at 917 North Louise Street, Santa Ana. B. The W.P. Heninger House is an architecturally significant building constructed in 1930 in the Spanish Colonial Revival style. The W.P. Heninger House is eligible for designation as contributive as it "is a good example of period architecture" and "contributes to the overall character and history" of historically significant Washington Square. C. Character defining features of the W.P. Heninger House include high pitched front facing gable, clay tube attic vents, arched entry, and pony wall that creates a courtyard. D. The legal owner of the subject property is Anthony Peter Michalski. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. 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. Resolution No. 2010 -XXX Page 1 of 4 a c G. The subject property meets the minimal standards for placement in the Contributive category pursuant to Section 30- 2.2(3) of the Santa Ana Municipal Code. Section 2: In accordance with -the California Environmental Quality Act, the recommended action is exempt From further review under Section 15331, Class 31, as this action is designed to preserve historic resources. 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. 2010 -05 to place the W.P. Heninger House, located at 917 North Louise Street, Santa Ana on the historical register, and B. Historic Register Categorization No. 2010 -05 placing the W.P. Heninger House, located at 917 North Louise Street, Santa Ana within the Contributive 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. ADOPTED this day of , 2010. Resolution No. 2010 -XXX Page 2 of 4 Chairperson c APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Assistant City Attorney AYES: Cornmission 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. 2010 -XXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on Date: Commission Secretary City of Santa Ana Resolution No. 2010 -XXX Page 3 of 4 LEGAL DESCRIPTION "N Address Owner Name Legal Description 405 - 261 -31 917 North Louise Street Anthony Peter Michalski LOURIES SUB LOT S 54.8 FT N 104.8 FT W 147.5 FT E Resolution No. 2010 -XXX Page 4 of 4 REQUEST FOR AUGUST 12, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -09 FOR THE PROPERTY LOCATED AT 2022 NORTH ROSS STREET Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION • -� • f �• . • APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Planning Mana r Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Donald and Joanne Payne, property owners, for the structure located at 2022 North Ross Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant Due to a lack of quorum at the July 1, 2010 Historic Resources Commission meeting, the application has been re- scheduled for a special meeting on August 12, 2010. The applicants, Donald and Joanne Payne, request the approval of Historic Property Preservation Agreement No. 2010 -09 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Mission /Spanish Colonial Revival styled residence located at 2022 North Ross Street and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. E HPPA No. 2010 -09 August 12, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Cotton Mather House and categorized as Contributive in July 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). 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 from further review under General Rule Section action is exempt from further review, ally Sob ske Associate lanner H S:jm hs \historic info \mills act agreements\ 2022 _N_Ross \hppal0- 09.081210.hrc Quality Act, the recommended action is exempt 15061(b)(3), and therefore, the recommended Sergio,KlrIza , I P Princi al n Wel H P PA- 2010 -09 2022 North Ross Street PLANNING AND BUILDING AGENCY EXHIBIT I 2117 7Y "lot; 7lt ?3 2117 2J1 J 7r�rS "z11]tl 21JU 7109 i ?107 2rv5 Jfn,- 7101 10411 2044 714?3 2102 2103 ZOsiti 2045 7 70 fJ 2036 2041 2036 1041 21:36 r ' 103X 2033 1034 711:17 7026 21131 1030 2034 2028 7026 2027 7021. 7077 2028 i[;x 7t, r 2019 2023 7011! ir Q 1014 202: 7017 2020 t 2, +, 1. Lu 14.7 Nl .2018 a—' CL O 20.10 � u, 2017 � 2011 f9 6 lu V) 20. 20011 2013 2012 2007 26Y + K 2009 200 2005 2006 2009 2005 191v i9118 24aq 2903 7007 003 1973 1429 1923 19ae1 1919 1420 1'919 . .14:7 J911 1gJ6 J920 1415 1916 1915 1917 J907 tl99H J1914 901 19101 1904 n _ tT� Va « N n 4l 19TH ST ' 500' RADIUS H P PA- 2010 -09 2022 North Ross Street PLANNING AND BUILDING AGENCY EXHIBIT I EXECUTIVE SUMMARY COTTON MATHER HOUSE 2022 North Ross Street Santa Ana, CA 92706 NAME Cotton Mather House REF. NO. ADDRESS 2022 North Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1928 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication M Unrestricted ❑ Prehistoric M Historic ❑ Both ARCHITECTURAL STYLE: Mission /Spanish Colonial Revival The Mission /Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low- pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low- pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets, and stuccoed walls. The Spanish vocabulary also includes arches, asymmetry, balconies and patios, window grilles, and wood, wrought iron, tile, or stone decorative elements. SUMMARY /CONCLUSION: The Cotton Mather House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mission /Spanish Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Mission /Spanish Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5sl: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 State of California The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary # HRI # Trinomial_ NRHP Status Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Cotton Mather House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2022 North Ross Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 103 -26 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth finish stucco, with a cross gabled roof this Mission /Spanish Colonial Revival is topped with front facing clay barrel tiles and very shallow eaves, and a flat roof to the rear. Although the structure is single story, a one and a half story tower graces the top of the front porch. The tower is also clad in stucco, and expouses a the topped parapet and an attic vent decorated to look like a foil. The front entry is located under this tower, and the spanned entry is marked with rusticated, nonprojectng molding with a slight keystone. The front fagade is dominated by four six foot tall round arched windows. The window surround wraps the two outmost arches ground to top and the tops of each arch with the same rusticated stucco as the tower. Each window is separated by simple Doric graduated columns_ Three steps lead to thefront entry and tiled with Mexican clay tiles and bookended by nonoriginal wrought iron handrails. Other windows on the building aresingle hung wood with wood sills and are without trim. A nondescript detached garage sits to the rear of the property. Landscape is well manicured, and consistes of native plants such as palms, cypress and yucca. *133b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *134. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District C3 Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P5b. Photo: (view and date) East facing elevation March 2010 *P6. Date Constructed /Age and Sources: ■historic 19271City of Santa Ana Building Permits *137. Owner and Address: Donald and Joanne Payne 2022 North Ross Street Santa Ana, CA 92706 *PS. Recorded by: Helly Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: May 19, 2010 *1310. Survey Type: Intensive Survey Update *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) UPR 623A 11195) Page 2 of 5 *Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: Cotton Mather House B1. Historic Name Cotton Mather House B2. Common Name: Same B3. Original Use: Single- family Residence B4. Present Use: Single- family Residence *B5. Architectural Style: Mission/Spanish Colonial *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 January 25, 1928. Residence and garage. $6,750. March 8, 1938. Playhouse for children. $150.00. May 3, 1940. Reroof by owner. October 18, 1943. Reroof for Mrs. C, Mather. September 5, 1968. Water heater. April 17, 1975. Plumbing by R. Mather, owner. April 3, 1991. Repairgarage rafters $1,000.00. May 17, 1991. Sewer repair. May 17, 1991. Electrical 2000sf residence. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single- family Residence Applicable Criteria: NR: Z; CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Cotton Mather House is architecturally significant as a Mission /Spanish Colonial Revival style. It was built in 1928, but completed in 1929, the first owners were Cotton and Marion Mather. It is unknown if Mr. Mathers was related to Cotton Mather, the puritan minister from the 1700's, as well as a founder of Yale University. When Cotton moved into this house, he was the secretary for the Santa Ana Building and Loan located at 609 S. Sycamore. By 1941, he was the president and manager of the Building loan (which by that time had moved to 601 N. Main Street). Cotton died in 1942, and Marion continued living in the home on her own until the the early 1960's, at which time `R." Mather took ownership. The home changed hands several times after that. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *B14. Evaluator: Hally Soboleske *Date of Evaluation: March 10, 2010 Page 3 of 5 Map 0. 2022 North Ross St. 002 - 103 -26 T n - I n State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Cotton Mather House 'Recorded by Hally Soboleske DPR 523B (1195) *B10. Significance (continued): "Date May 19, 2010 El Continuation ❑ Update 'Required information Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Cotton Mather House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). `Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Cotton Mather House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Mission/Spanish Colonial style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Mission /Spanish Colonial style in the Floral Park neighborhood, is a good example of period architecture", as well as its association with Cotton Mather, president of the Santa Ana Building and Loan Association. Character - defining exterior features of the Cotton Mather House that should be preserved include, but may not be limited to, exterior materials and, arched front facing windows, rusticated window and porch entry trim, and roof material. (This space reserved for official comments.) DPR 523L Page 4 of 5 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Cotton Mather House *Recorded by Hally Soboleske *Date May 19, 2010 El Continuation ❑ Update 1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National 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. Pleasants, Mrs. J. E. History of Orange County. California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT 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 Floral Park." http:/ /www.floral- park.com/page2.htm1. "Noted Nursery Operator Dies," Santa Ana Register, August 28, 1957. Santa Ana and Orange County Directories, 1937 -1978. DPR 523L Page 5 of 5 MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this August 2, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Donald Walter and Joann Doreen Payne, (hereinafter referred to as "Owner "), owner of real property located at 2022 North Ross Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2022 North Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EXHIBIT 3 MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 2, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 2022 North Ross Street, Assessor Parcel Number, 002 - 103 -26, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Donald Walter and Joann Doreen Payne 2022 North Ross Street Santa Ana, CA 92706 - 5 - MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and al l persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- DAVID N. REAM City Manager Ut I Donald Walter Payne Joann Doreen Payne MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 Exhibit A TR 788 Lot 17 and all -exs 37.5 ft -Lot 16 Assessor's Parcel Number: 002 - 103 -26 WE MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its ori ginally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. stop MILLS ACT AGREEMENT 2022 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) - 11 - 2022 NORTH ROSS STREET PHOTO LOCATION MAP NORTH ROSS STREET 60.00 1 ■ I I I I I I I I I I ■ 112.5 • I I I I I I I I I I I I I I I I NORTH 0 -VZ REQUEST FOR Historic Resources Commission Action AUGUST 12, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -10 FOR THE PROPERTY LOCATED AT 2127 NORTH GREENLEAF STREET Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO 4e cR H a.�� Planning Ma gager Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Melvin and Catherine Ladd, property owners, for the structure located at 2127 North Greenleaf Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant Due to a lack of quorum at the July 1, 2010 Historic Resources Commission meeting, the application has been re- scheduled for a special meeting on August 12, 2010. The applicants, Melvin and Catherine Ladd, request the approval of Historic Property Preservation Agreement No. 2010 -10 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Tudor Revival styled residence located at 2127 North Greenleaf Street and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. F HPPA No. 2010 -10 August 12, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the E.B. Smith House and categorized as Contributive in July 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). 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 from further review under General Rule Section action is exempt from further review. Hally S eePlanner ke Associa HS:jm hs \historic info \mills act agreements\ 2127_ N _Greenleaf\hppal0- 10.081210.hrc Quality Act, the recommended action is exempt 15061(b)(3), and therefore, the recommended Sergio Princip H P PA -2 010 -10 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY EXHIBIT 1 LA RA `t T 22,w .jr 272fi [2-1 L111+K 2214 _ ' 3215 11 2210 2212 2216 V Ll5 r— 221A+3 2;1 7 � 22fdB ee1� 22x75 2 ?Dg 2210 2204 ia7 2 34P 22,1 1i7 -- .r fC 21= P 2201 j; � Y, �.� 3 22Dr fl 221 2a44 lu 7145 2r 10 m 2179 2204 2140 2141 224 a 25 :134 2 a3.rs id'; 21?J 2132 7139 2130 2131 21.30 2t7 203 2176 2127 1: 9 217D 2128 "2 2120 3135 .tld + W 2!14 2117 7112 _ �F 2rr1a 2112 2115 2t 1 21� J+Q!6 21DN ?11a.S ;117 2111 21ud 211D 71(14 71,27 7107 210: rai 11x11 2L�Oft FUtd 2103 2102 .103 2042 204": 2e12J �' {;1 20fd 2Di4S 2L�t2 2D47 2036 2441 ::77g 2DJI 2p3F 2074 r,:..• %'rir._ 2032 2033 2034 t +<N .7031 'O i 31 2f32ft 2025 i, 200 I.. -. ­-- -'626 2,37 2074 2LI25 2�'`�7 21; ^t }i,'1.4 023 2i.! 21321 500' RADIUS H P PA -2 010 -10 2127 North Greenleaf Street PLANNING AND BUILDING AGENCY EXHIBIT 1 EXECUTIVE SUMMARY E.B. SMITH HOUSE 2127 North Greenleaf Street Santa Ana, CA 92706 NAME E.B. Smith House REF. N0. ADDRESS 2127 North Greenleaf Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric M Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half- timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s. SUMMARY /CONCLUSION: The E.B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Resister Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHIBIT 2 Page 1 of 5 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Pane 9 4 Primary #_ HRI # Trinomial e NRHP Status Code _ Other Listings _._ Review Code Reviewer Resource namefsl or number (assioned by recorder) E. House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA1725 Date: *c. Address 2127 North Greenleaf Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 042- 112 -35 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Clad in smooth finish stucco, with a cross gabled roof, The E. B. Smith House is a single story home in a Tudor Revival style of architecture. The steep front gable with composition shingle with rolled edges and remaining roof is clad with composition shingle to match. The front facing gable is pierced by a nondescript rectangular attic vent. The front porch is wrapped by two wide stucco pilasters with a stuccoed pony wall in between. The south facing porch entry has a narrow, arched opening. The front facing window (west) is a wood tripartite window with wood screens and a nonoriginal canvas canopy covering the top. Another front facing window is a tripartite bow window gracing the front porch area towards the front yard. Porch flooring is concrete. Two steps lead to the front entry undemeath the arched opening. Other windows on the building are single hung wood with wood sills and are sans trim. A nondescript detached garage sits to the rear of the south side of the property. *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure ❑Object OSite ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East facing elevation ❑ Other (list) DPR 523A (1196) Page 2of5 March 2010 *P6. Date Constructed /Age and Sources: ■historic 1927ICity of Santa Ana Building Permits *P7. Owner and Address: Melvin and Katherine Ladd 2127 North Greenleaf Street Santa Ana, CA 92706 *PS. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 "P9. Date Recorded: May 24, 2010 `P10. Survey Type: intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. *Attachments. ❑None ❑Location Map ❑ Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑ Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: E.B. Smith House B1. Historic Name E.B. Smith House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 April 21, 1927. Residence and garage. $4,000. February 2, 1942. Reroof by Pan Roofing Co. $375.00. July 9, 1945. One fixture for E.B. Smith by United Plumbing. $75. August 28, 1962. Grove electric. Relocate meter. (August 29, 1962). November 10, 1988. Aluminum patio enclosure and fixtures. April, 9, 1990. Reroof. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: Z, CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The E.B. Smith House is architecturally significant as a Tudor Revival style of architecture in the Floral Park neighborhood. It was built in 1927, but completed in 1928. The first owners were E. Bradley and Flora Smith. Mr. Smith was a local proprietor of the Smith Pump Equipment Company, and he ran the company until 1940. The Smiths lived in the home until at least 1956, where city records indicate that ownership shifted after that year The home has been restored by Melvin and Katherine Ladd. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: May 24, 2010 DPR 523B (1195) (This space reserved for official comments.) Page 3 of 5 Sketch Map d v -= U 2127 North Greenleaf St. $ O 002 - 112 -35 M Q O k � 0 0 0 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET -trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House 'Recorded by Hally Soboleske '1310. Significance (continued): "Date May 24, 2010 El Continuation ❑ Update Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The E. B. Smith House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897 - 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Count v Register. September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register. September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival styles. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco -styled Old Santa Ana City Hall, the El Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War 11 years, Floral Park continued its development as numerous smaller, single- family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The E. B. Smith House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the overall character and history" of Santa Ana, and, as an intact example of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture", as well as its association with E.B. Smith, long term owner and proprietor of the Smith Pump Company located in Santa Ana. Character - defining exterior features of the E.B. Smith House that should be preserved include, but may not be limited to, rolled roofing edges, smooth stucco exterior cladding, original windows where extant, and front porch configuration. DPR 523L Page 4 of 5 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) E.B. Smith House `Recorded by Hally Soboleske `Date May 24, 2010 0 Continuation ❑ Update 1312. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources. " Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County. California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT 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 Floral Park." http./ /www.floral- ,oark.com/page2.htm1. Santa Ana and Orange County Directories, 1937 -1978. Page 5 of 5 DPR 623L MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this August 2, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Melvin G. And Catherine W. Ladd, (hereinafter referred to as "Owner "), owner of real property located at 2127 North Greenleaf Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act ") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2127 North Greenleaf Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EXHIBIT 3 MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 2, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 '/2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 2127 North Greenleaf Street, Assessor Parcel Number, 002 - 112 -35, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Melvin G. And Catherine W. Ladd 2127 North Greenleaf Street Santa Ana, CA 92706 WE MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager IRn Melvin G. Ladd Catherine W. Ladd MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 Exhibit A TR 788 Lot 17 and All Exs 37.50 ft — Lot 16 Assessor's Parcel Number: 002 - 112 -35 -8- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- MILLS ACT AGREEMENT 2127 North Greenleaf Street Santa Ana, CA 92706 Exhibit C (photographs attached) Ill r• 2127 NORTH GREENLEAF STREET PHOTO LOCATION MAP NORTH GREENLEAF STREET I .O I I I I • 112.: I I I I I O O NORTH -12- I I I I I I I I I I I I I REQUEST FOR Historic Resources Commission Acfion AUGUST 12, 2010 TrrLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -11 FOR THE PROPERTY LOCATED AT 2003 NORTH ROSS STREET Prepared by Hally Soboleske Executive Director RECOMMENDED ACTION APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Planning Man ger Recommend that the City Council authorize -the City Manager and Clerk of the Council to execute the attached agreement with Stephanie Stephens, property owner, for the structure located at 2003 North Ross Street subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant Due to a lack of quorum at the July 1, 2010 Historic Resources Commission meeting, the application has been re- scheduled for a special meeting on August 12, 2010. The applicant, Stephanie Stephens, requests the approval of Historic Property Preservation Agreement No. 2010 -11 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Colonial Revival styled residence located at 2003 North Ross Street and is within the Floral Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. G HPPA No. 2010 -11 August 12, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Frandson House and categorized as Contributive in October 2009 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. A&I Hal y Sob eske Associate Planner HS:jm hs \historic info \mills act agreements \2003_N Ross \hppa10- 11.081210.hrc 2044 2103 2102 2103 ?cal zca3 2100 2040 204s fuw 2@34 2x143 038 1041 1uJ4 21132 203' - 2034 2037 2028 31 1030 2OJ1 10219 ?O.7s 2031 2026 1021 7025 2027 2024 X025 1id1.4r 102J 2022 2021 - :ar 2011 11317 2020 ?019 2p U. 1097 2018 U1 2011 q � tto 2010 d 2' 17x7 -A 1013 ?012 ® 2007 � 200 ku 2009 ?0017 cc 2005 2006 > 1:A'76 (tir •— f01a5 2004 1093 P 4 2001 1410E 1921 1914 t923 ., 7V 1919 ,(970 1914 1920 19a7 1922 1915 1914 1915 ItiP. ' 1912 1AOR A01 1914 a90r; ST FP � r � � 3816 tH %`r 1i1a9 J14 ` 1t !4t4 98Y5 1810 1812 1819 IWO 111!,i.j 1812 : hY7ai — 500' RADIUS H P PA- 2010 -11 2003 North Ross Street PLANNING AND BUILDING AGENCY EXHIBIT I EXECUTIVE SUMMARY FRANDSON HOUSE 2003 North Ross Street Santa Ana, CA 92706 NAME Frandson House REF. NO. ADDRESS 2003 North Ross Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1932 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Colonial Revival The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Whether drawing upon Georgian, Federal, or Dutch Colonial prototypes, Colonial Revival buildings feature rectangular building plans and designs which are usually symmetrical, or at least highly regular and balanced, in composition. Roofs are commonly side - gabled, hipped, or gambreied, sometimes accented with dormers. Porches, one or two stories in height, are often included, mostly as central focal points, and frequently incorporate classical elements such as columns, pilasters, and entablatures. Doorways are adorned with classical surrounds and pediments; sidelights, transoms, and fanlights are not uncommon. Windows are typically double -hung sash, with multiple lights in the upper sash. French doors and Palladian windows are also utilized. Depending on location, Colonial Revival buildings have wood, brick, or stucco exteriors (McAlester, 320 -326). SUMMARY /CONCLUSION: The Frandson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the combination of the Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) SS1: Individual property that is listed or designated locally. EXHIBIT 2 Pagel of 5 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial_ NRHP Status Other Listings Review Code Reviewer Page 1 of 4 Resource name(s) or number (assigned by recorder) 1- randson House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5° Quad TCA1725 Date: *c. Address 2003 North Ross City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 101 -14 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Covered in a light dash finish stucco, and a cross gabled high pitched roof clad in asphalt shingles, this two story structure has a side main entry and asymmetrical design. Narrow eaves mark the ends of the roofline. The structure has two front facing gables with the rear gable end showing three round and vertically stacked attic vents. The frontmost wing has a single hung window in the gable end adored with wood shutters and lambs tongue sash. The front facing picture window is tripartite in design with a fixed denier and eight light casement windows flanking each side. Two other front windows are also eight light casement windows, but all others appear to be wood single hung. The front porch is includes wood 6x6" simple wood supports with carved knee braces where the post connects to the roofline. A wood trellis with vines enhances the front porch post. The porch floor is concrete. The residence appears highly intact. *P3b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None. P5b. Photo: (view and date) West elevation August 2009 *P6. Date Constructed /Age and Sources: ■historic 19321City of Santa Ana Building Permits *P7. Owner and Address: Stephanie Stevens 2003 North Ross Street Santa Ana, CA 92706 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: August 22, 2009 *P10. Survey Type: Intensive Survey Update *Attachments: ❑None ❑Location Map ❑Sketch Map EContinuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear f=eature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 5 *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *CHR Status Code 5S1 *Resource Name or #: Frandson House B1. Historic Name: Frandson House B2. Common Name: Same B3. Original Use: Single - family Residence *135. Architectural Style: Colonial Revival B4. Present Use: Single - family Residence *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1932 May 18, 1932. Residence and garage $6,000.00. January 4, 1937. Install window by E. C. Frandson. May 11, 1949. Termite treatment by Terminix. December 1, 2949. One rixture for R. C. Beem. October 12, 1992. Prep. Roof and lay class A" shingles over existing. Add 3 skylights. $6,000. October 12, 1992. Reroof existing garage with comp shingle. *137. Moved? ■No [Wes ❑Unknown Date: Original Location: *138. Related Features: None. 139a. Architect: Unknown b. Builder: Jaspar Famey *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895 -1965 Property Type: Single - family Residence Applicable Criteria: NR: Z, CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Frandson House is architecturally significant as a Colonial Revival style. It was built by Jasper Famey, a local contractor, as a speculative venture. The rirst occupants were Edward and Hazel Frandson. Mr. Frandson was a local dentist in Santa Ana. They lived in the home until 1939. The home was then purchased by Eart and Sarah Taylor, but they only lived in the home until 1941 at which time Robert and Dorothy Beem bought the house. Mr. Beem was a photographer who had a Santa Ana studio called "Roberts Studio' (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sketch Map Sanborn Maps (See Continuation Sheet 4 of 4.) _W » B13. Remarks: *1314. Evaluator: Hally Soboleske *Date of Evaluation: August 22, 2009 (This space reserved for official comments.) mioj Rio 2003 North Ross St. 002 - 101 -14 A M) DPR 623B (1195) *Required information Page 3 of 5 � an mioj Rio 2003 North Ross St. 002 - 101 -14 A M) DPR 623B (1195) *Required information Page 3 of 5 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Frandson House "Recorded by Hally Soboleske "Date August 22, 2009 ❑x Continuation ❑ Update "1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods deve loping to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Frandson House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados and walnuts, and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897- 1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert pages 353 -356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s; Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival sty/es. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco - styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881- 1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post -World War lI years, Floral Park continued its development as numerous smaller, single - family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2007), Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Frandson House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Colonial Revival style in the Floral Park neighborhood, "is a good example of period architecture ", as well as its association with local dentist, Edward Frandson. Character - defining exterior features of the Frandson House that should be preserved include, but may not be limited to, exterior materials and; roof configuration and detailing; original windows where extant; and architectural details such as wood tripartite and casement windows, bay projections, and front porch entry configuration. Page 4of5 DPR 523L State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Pane 4 of 4 Resource Name or # (Assigned by recorder) Frandson House "Recorded by Hally Soboleske "Date August 22, 2009 0 Continuation ❑ Update 812. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York.- Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Pleasants, Mrs. J. E. History of Orange County. California, volume 2. Los Angeles: J. R. Finnell & Sons, 1931, pp. 364 -365. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT 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 Floral Park." http:/tivww .floral- park.comloage2.html. "Noted Nursery Operator Dies," Santa Ana Register. August 28, 1957. Santa Ana and Orange County Directories, 1937 -1978. DPR 523L Page 5 of 5 MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement') is made and entered into this August 2, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Stephanie Stephens, (hereinafter referred to as "Owner "), owner of real property located at 2003 North Ross Street, Santa Ana, California, 92706 in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act') to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2003 North Ross Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -1- EXHIBIT 3 MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 2, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owner hereby subject the Historic Property, located at 2003 North Ross Street, Assessor Parcel Number, 002 - 101 -14, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Stephanie Stephens 2003 North Ross Street Santa Ana, CA 92706 WE MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager LN Stephanie Stephens MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 Exhibit A N TR 788 Lot 7 Assessor's Parcel Number: 002 - 101 -14 -8- MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: I. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. -10- MILLS ACT AGREEMENT 2003 North Ross Street Santa Ana, CA 92706 Exhibit C (photographs attached) 2003 NORTH ROSS STREET PHOTO LOCATION MAP NORTH ROSS STREET 49.00 0 1 I I I I I I I I I I ■ 143 ■ I I I I I I I I I I I I I I NORTH -12- REQUEST FOR Historic Resources Commission Action AUGUST 12, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -12 FOR THE PROPERTY LOCATED AT 225 NORTH BROADWAY Prepared by Hally Soboleske S�� Executive Director RECOMMENDED ACTION APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Planning Man er Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Gumm and Livingston Investments, a General Partnership organized in California, property owner, for the structure located at 225 North Broadway subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant Due to a lack of quorum at the July 1, 2010 Historic Resources Commission meeting, the application has been re- scheduled for a special meeting on August 12, 2010. The applicant, Myrna Livingston, representing Gumm and Livingston Investments, a General Partnership organized in California, requests the approval of Historic Property Preservation Agreement No. 2010 -12 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes an Italian Renaissance Revival structure located at 225 North Broadway and is within the National Register District Historic Downtown. Surrounding land uses are all commercial (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain -the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. H HPPA No. 2010 -12 August 12, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Pacific Building and categorized as Key in September 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). 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 exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. ally SoVf leske Associat9 Planner HS:jm hs \historic info \mills act agreements\ 225_ N_Broadway \hppal0- 12.081210.hrc 4TH ST L!f x m' urox Vi 77. UNK 496 421 4YH ST HVI q, m 500' RADIUS 3RD "), 11! 2'N® $T' M ■ 17 ld+YK y Ito 117 d 19 :a5 119 100 iJ0 u !�s rl HPPA- 2010 -12 225 North Broadway PLANNING AND BUILDING AGENCY EXHIBIT I NAME Pacific Building REF. NO. 188 ADDRESS 225 -227 North Broadway and 214, 216, and 220 West Third Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1 1925 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I Downtown Santa Ana NEIGHBORHOOD I NIA NATIONAL REGISTER CRTITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE 1D Location: ❑ Not for Publication Unrestricted USGS 7.5" Quad Date: T R '/4 of %4 Of Sec B.M. ❑ Prehistoric Historic ❑ Both ARCHITECTURAL STYLE: Italian Renaissance (Late 19`h and 201h Century Revivals) DESCRIPTION/BACKGROUND RELA'T'ED TO PERIOD ARCHITECTURE: The late 19'h and 201h century revival of the Italian Renaissance style, also known as the Italian Renaissance Revival, was popular from the late 19`' century until 1930. It was inspired by the designs of the palazzi of northern Italy and popularized by American architects McKim, Mead, and White. Utilized on public buildings and ornate homes, the vocabulary of the style also influenced the appearance of commercial buildings. Characteristic features generally include masonry construction, often with different treatments on lower and upper stories; stringcourses or belteourses between stories; flat roofs screened by parapets or hipped roofs; cornices, dentils, pilasters, quoins, and other classical details; and a balanced, often symmetrical appearance. Taller, more elaborate buildings often feature terracotta facade cladding or ornamentation while more modest one to three -story examples utilize bricks of contrasting colors as trim. Ground floors of multi -story buildings often housed banking rooms; more modest buildings may contain storefronts with recessed entries and large plate glass display windows with transoms and bulkheads. Upper story windows are most commonly one - over -one wood framed double -hung sash. Page P of 4 cmlhistoricltemplateslBroadway 225 N (Pacific Bldg) 8/23/01 EXHIBIT 2 CONSTRUCTION HISTORY: (Construction data, alterations, and date of alterations) April 18, 1936. Alterations to business room. September 1, 1943. Alterations to business bldg. January 24, 1945. Alterations to store building -stg. shelf. October 15, 1959. Remove non - bearing partition. April 30, 1969. Interior partitions. July 31, 1975. Interior (Big Johns Restaurant). June 6, 1978. Interior partitions and front alterations. January 23, 1979. Interior partitions. September 27, 1979. Install new door in rear. March 11, 1982. Seismic rehab. RELATED FEATURES: (Other important features such as barns, sheds, fences, prominent or unusual trees, or landscape) None DESCRIPTION: (Describe resource and its major elements. Include design, materials, condition, alterations, size, settings, and boundaries.) Located at the southeast corner of Third Street and Broadway, this is a two -story brick commercial building influenced by the Italian Renaissance Revival style. Brown colored brick faces the public elevations, with bricks of contrasting colors used for a stringcourse separating the upper and lower stories and for window surrounds. A terracotta cornice and a solid parapet, ornamented by a triangular pattern over the center of the Broadway fagade, top the building. Fenestration on the upper story consists of regularly spaced "Chicago" windows, with a pair of double -hung sash in the middle of the three -bay Broadway fagade. Glazed storefronts occupy the street level frontages. A highlight of the building is the original, Beaux Arts influenced, glass and metal entrance marquee, suspended over the sidewalk on cables attached to cast iron lion's head brackets. HISTORIC HIGHLIGHTS: The Pacific Building was constructed in 1925 by developer and contractor Roy Russell and architect Sidney J. Babcock (Thomas). Russell named his new improvement the "Pacific Building "; the first listing for the property under that name in the city directories appears in 1927 (with the address 215 North Broadway). Retail spaces were located on the ground floor and offices in the upper story. Early tenants of the building included a number of building industry- related firms, including the Builders Exchange prior to construction of their own building on Main Street. Post World War II users of the building included the Veterans Administration and military service clubs (Les). Roy Roscoe Russell (1881 -1965) was a prominent builder and developer in Santa Ana, and maintained his own office in the Pacific Building. In 1937 he was joined by his son, Roy Rodney Russell, and in 1945 the two formed a partnership, Roy Russell & Son. The firm was active in the development of Victoria Drive and other residential tracts as well as numerous commercial improvements. RESOURCE ATTRIBUTES: (List attributes and codes from Appendix 4 of Instructions for Recording Historical Resources, Office of Historic Preservation.) (HP 6) 1 -3 story Commercial Building Page 2 of 4 cm\historic \templates\Broadway 225 N (Pacific Bldg) 8/23/01 RESOURCES PRESENT: ® Building ❑ Structure ❑ Object MOVED? ® No ❑ Yes ❑ Unknown ❑ Site Date: ❑ District ® Element of District ❑ Other Original Location: 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 Rancho 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 had expanded in all directions to include both commercial and civic development. The Pacific Building is a fine and intact example of the characteristic type of improvement made during this period of expansion. It is particularly noteworthy for the preservation of its entrance canopy, a feature once common on downtown streets of larger American cities. Character - defining exterior features of the Pacific Building, which should be preserved, include but may not be limited to: the canopy; original finishes including brick and terracotta; architectural detailing such as stringcourse, cornice, and parapet; fenestration pattern and glazing; and storefront configuration. SUMMARY /CONCLUSION: This building was listed in the National Register of Historic Places 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 "Key" because it has a "distinctive architectural style and quality," and "is characteristic of a significant period in the history of the City of Santa Ana" (Municipal Code, Section 30- 2.2(2)). OWNER AND ADDRESS: Page 3 of 4 cm\historic \templates \Broadway 225 N (Pacific Bldg) 8/23/01 RECORDED BY: (Name, affiliation, and address) Leslie J. Heumann Science Applications International Corporation 35 S. Raymond Avenue, Suite 204, Pasadena, CA 91105 DATE RECORDED: July 30, 2001 SURVEY TYPE: (Intensive, reconnaissance, or other) Intensive Survey Update 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. REFERENCES: (List documents, date of publication, and page numbers. May also include oral interviews.) Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Heritage Orange County and the City of Santa Ana. Downtown Walking Tour, Santa Ana, 1986. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Rites Pending For Prominent SA Contractor." No source, 8/10/1965. "Roy Russell, S. A. Builder, Dies on Trip." The Independent, 8/19/1965. "Roy Russell & Son, Bldrs." No source (newsletter), no date (circa March 1995). EVALUATOR: Leslie J. Heumann DATE OF EVALUATION: July 30, 2001 EXPLANATION OF CODES: National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 1D: Contributor to a listed district. Page 4 of 4 cm\historic \templates \Broadway 225 N (Pacific Bldg) 8/23/01 MILLS ACT AGREEMENT 225 North Broadway Santa Ana, 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 August 2, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Gumm and Livingston Investments, A General Partnership Organized in California, (hereinafter referred to as "Owner "), owner of real property located at 225 North Broadway, 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 Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 225 North Broadway, 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 pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new EXHIBIT 3 -1- MILLSACTAGREEMENT 225 North Broadway Santa Ana, CA 92701 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 Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 2, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 225 North Broadway Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character - defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- MILLS ACT AGREEMENT 225 North Broadway Santa Ana, 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 have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 1 /2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 225 North Broadway Santa Ana, 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 subject the Historic Property, located at 225 North Broadway, Assessor Parcel Number, 398 - 267 -01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Gumm and Livingston Investments, A General Partnership Organized in California 415 Townsquare Lane #218 Huntington Beach, CA 92648 -5- MILLS ACT AGREEMENT 225 North Broadway Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 225 North Broadway Santa Ana, 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 Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager li Myrna J. Livingston, Assignee for Gumm and Livingston Investments, A General Partnership Organized in California MILLS ACT AGREEMENT 225 North Broadway Santa Ana, CA 92701 Exhibit A TOWN OF SANTA ANA BLK 5 LOT 10 Assessor's Parcel Number: 398 - 267 -01 -8- MILLS ACT AGREEMENT 225 North Broadway Santa Ana, 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. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 225 North Broadway Santa Ana, 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- MILLS ACT AGREEMENT 225 North Broadway Santa Ana, CA 92701 Exhibit C (photographs attached) 225 NORTH BROADWAY PHOTO LOCATION MAP BROADWAY 50.0 � 1) NORTH -12- T H REQUEST FOR Historic Resources Commission Action AUGUST 12, 2010 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2010 -13 FOR THE PROPERTY LOCATED AT 602 SOUTH BROADWAY Prepared by Hally Soboleske - 4:� % Executive Director RECOMMENDED ACTION POPMerz, req OIA 11, JA .�. • «-, APPROVED • As Recommended • As Amended • Set Public Hearing For CONTINUED TO Planning Man ger Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached agreement with Armin Schwegler, property owner, for the structure located at 602 South Broadway subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Request of Applicant Due to a lack of quorum at the July 1, 2010 Historic Resources Commission meeting, the application has been re- scheduled for a special meeting on August 12, 2010. The applicant, Armin Schwegler, requests the approval of Historic Property Preservation Agreement No. 2010 -13 (Mills Act) between the property owner and the City of Santa Ana. Property Description The subject property includes a Craftsman styled residence located at 602 South Broadway and is within the Heninger Park Neighborhood. Surrounding land uses are all residential (Exhibit 1). Analysis of the Issues In March 1999, the City Council approved an ordinance authorizing Historic Property Preservation Agreements (HPPA), commonly known as the Mills Act contracts, for eligible historic properties. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange to the owner's voluntary commitment to maintain the property in a good state of repair and to rehabilitate the property as necessary to maintain its character and appearance. Once recorded, the agreement triggers the use of a different valuation method in determining the property's assessed value, thereby resulting in potentially significant property tax savings for the owner. HPPA No. 2010 -13 August 12, 2010 Page 2 One of the eligibility requirements for the Mills Act is that the property must be listed on the Santa Ana Register of Historical Properties. The subject property was placed on the local register as the Fipps -Fink House and categorized as Contributive in July 2010 by the Historic Resources Commission (Exhibit 2). Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement (Exhibit 3). The benefits of executing this agreement include, but are not limited to, the following: 1. Reduced property tax to allow reinvestment for the long term preservation of the property. 2. Allows for a mechanism to provide for property rehabilitation. 3. Provides an additional incentive for potential buyers to purchase historic structures. 4. Discourages inappropriate alterations to the historic property. 5. Provides an opportunity for visual improvement to the physical environment of the community. 6. Offers additional support and attention for historic districts and historic structures in the City. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review under General Rule Section 15061(b)(3), and therefore, the recommended action is exempt from further review. 9&vgI Hally So leske Associate Planner HS.jm hs \historic info \mills act agreements\ 602_ S_Broadway \hppa10- 13.081210.hrc H P PA- 2010 -13 602 South Broadway PLANNING AND BUILDING AGENCY EXHIBIT I x,J 5p2 5v1 502 501 visa .+06 507 ,.l. `J` SrrE -,;; .,. soy 6� b"YK 599 Si}9 �- 51! .`1J1 5:9fl -:ti 514 SJ.; ` 514 $ ?15 5! J 616 St i 5:7 r. s.a ! a SIS A 5P8 -.,.q - 3 w,_. 51 7 524 $73 5« K :21 5:1 t� ) [i11i 620 SfJ fYi 52i; 52g 1 Sal 52f, 525 VC5 Ci 525 Sa^y 579 532 vl 53'f e3 J 'r BISHOP ST 6t;T 6t:�1 c: - fiG2 1.J1 �f' c; tslia DO 762 6ti7 ti07 &W 07 704 ffL' 609 406 Coe 612 6so 6:4 yj 6113 tilt? ,^�'� , t p 611s 7!G tfJ r 615 6:4 615 o E17 Eld sJ5 616 6J7 6J8 617 r1`l G,?4 621 617 - 616 alA tT21 622 lad 626 675 624 623 676 625 626 RICHLAND ST 70.1 Ttii a 7Q <' 7(1: i iJJ 70 TAJ 7pt �..p 7t 170 7U.S 7 705 1C 71 l 7; -. �;!�y 77J7 7J'! fi i.' 715 id T1�s 7rd 7PfP 7J. 71u e'J1? � " 714 7r5 H16 717 T1B 717 t?1$ 500' RADIUS H P PA- 2010 -13 602 South Broadway PLANNING AND BUILDING AGENCY EXHIBIT I EXECUTIVE SUMMARY FIPPS -FINK HOUSE 602 South Broadway Santa Ana, CA 92701 NAME Fipps -Fink House REF. NO. ADDRESS 602 South Broadway CITY Santa Ana ZIP 92701 ORANGE COUNTY YEAR BUILT 1912 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT Heninger Park NEIGHBORHOOD Heninger Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman Bungalow Closely related to the English Arts and Crafts Movement, American Bungalow /Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s (McAlester, 453 -463). SUMMARY /CONCLUSION: The Fipps -Fink House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman Bungalow style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" Santa Ana, and, as an intact example of a Craftsman bungalow in the historic Heninger Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30 -2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • California Register Status Code: (From California Office of Historic Preservation, December 8, 2003.) 5S1: Individual property that is listed or designated locally. EXHID117 2 Page 1 of 4 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary #. HRI # Trinomial_ NRHP Status Other Listings Review Code Reviewer name(s) or number (assigned by recorder) Fipps -Fink House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA2555 Date: *c. Address 602 South Broadway City Santa Ana zip 92709 *e. Other Locational Data: Assessor's Parcel Number 010- 152 -08 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) This single - family residence is a one and a half story, rectangular plan, Craftsman bungalow sheathed in narrow clapboard siding. The low pitched, side - gabled roof is trimmed by bargeboards with notched ends and features exposed rafter tails and carved knee braces in the overhanging eaves_ The eastern facing front fagade includes an attached porch supported by Doric columns, and the porch beam is punctuated with a beltcourse with detailed entablature. The columns sit directly on the solid porch rail clad in the some narrow clapboard. Fenestration on the fagade consists of a pair of tripartite windows with fixed middle and two single hung windows straddling each, and topped with a transom window with diamond patterned muntins. The front door is 8- paneled and simple wood. The front facing gable is also punctuated by a tripartite window with a fixed window in center with casement on either side. All windows are wood trimmed with wood sills and splayed lintels. The foundation and front porch step supports feature art stone. Alterations include the porch flooring and steps that have been covered with slate tile, as well as the inside of the front porch step supports having been covered with stucco. The property has recently been re- landscaped in a simple and appealing fashion. In spite of these changes, the house is substantially intact. *133b. Resource Attributes: (list attributes and codes) HP2. Single- family Property *134. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other None. P5b. Photo: (view and date) East elevation August 20, 2009 *P6. Date ConstructedlAge and Sources: ■historic 1912 *P7. Owner and Address: Armin Schwegler 602 S. Broadway Santa Ana, CA 92701 *P8. Recorded by: Nally Soboleske 20 Civic Center Plaza Santa Ana, CA 92702 *P9. Date Recorded: August 20, 2009 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") *Attachments. ❑done ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1195) Page 2 of 4 "Required information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRi# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *CHR Status Code 5S1 *Resource Name or #: Fipps -Fink House B1. Historic Name: Fipps -Fink House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single- family Residence *135. Architectural Style: Craftsman Bungalow *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1912 March22. Alterations. June 18, 1929. Private garage. $100 February 8, 1937. Reroof by Fink Bros. $190. Januaryl2, 1990. Repair flooring, drywall and cabinets., repipe house, and rewire house. January 16, 1990. Floor furnace and relocate w/h outside. February 1, 1990j. Reroof. June 1, 1990. Released meters. *137. Moved? ❑No ❑Yes ■Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: Circa 1880 to 194613roperty Type: Single - family Residence Applicable Criteria: NR: C; CR: 5S1 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Fipps -Fink House is architecturally significant as an intact and representative example of a Craftsman bungalow, built in Heninger Pads, an architecturally significant neighborhood. The first occupants were the Fipps family which included Walter Fipps, a plasterer, and his wife Viola, as well as children Chades, Ruth, Remus, Wilbur, Lame, and Thelma. The children were already grown with Chades being a driver for the Crown State line, and Remus entering the United States Army in 1918. Around that same time, Walter remained Lydia (it is unknown if Viola died or the marriage dissolved). Walter Fipps died in 1921, and his widow, Lydia passed away in 1940. The residence was sold the same year Walter Fipps passed away. The next residents were James and Laura Alexander. James was the Assistant Postmaster for the growing city. The house then changes owners multiple times until Henry and John Fink purchased the property in 1937. The two brothers shared the home until Henry's death in 1950, and another brother Jacob moved in at that time. They lived in the house at least another 14 years. The Finks had another brother, Harry Fink, who was the Assistant Chief of Police for Santa Ana during this period. In subsequent decades, residency of the house continued to change numerous times. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanbom Maps (See Continuation Sheet 3 of 3.) B13. Remarks: "1314. Evaluator: Hally Sobo /eske (This space reserved for official comments.) Sketch Map a z R 3 �s a � tt q a O O 8 010- 152 -08 1 SrcM4�e 602 S. Broadway �eeeYAN IN I w 1 - 1 MW o I SMUT _ *Date of Evaluation: August 20, 2009 Page 3 of 4 DPR 523B (1/95) *Required information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name or # (Assigned by recorder) Fipps -Fink House "Recorded by Hally Soboleske 'Date August 20, 2009 0 Continuation ❑ Update "1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing around the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. Heninger Park was developed primarily between 1900 and 1930 and is one of the oldest neighborhoods in Santa Ana. Now recognized as a historic area, the neighborhood is significant primarily for its concentration of homes built in the Colonial Revival, Craftsman, and later revival styles. Brothers H. B. and Martin Heninger were responsible for developing and platting the tract upon purchasing thirty -four acres of what was known as the Palmer Tract in 1907. The Heningers planted trees, put in sidewalks and curbs, and paved the streets on what had been a barley field. Later they bought additional tracts of ten and eighteen acres which they also platted and improved. These properties were known as Heninger Additions Numbers 1, 2, 3, and 4. In 1921, Orange County historian Samuel Armor described the Heninger tracts as "the finest residence section of the city, built up with fine homes," adding that " Mr. [Martin] Heninger and his brother have erected 150 houses on the property" (Armor, p. 1777). The Fipps -Fink House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Craftsman Bungalow style. Typical features of this style illustrated by the house include its horizontal lines emphasized by the low pitched, broadly eaved roof- use of wood siding, use of structural elements as the primary source of architectural decoration; one -story height; and the prominence of the porch and its front gable in the design. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" Santa Ana, and, as an intact example of a Craftsman bungalow in the historic Heninger Park neighborhood, "is a good example of period architecture." Character - defining exterior features of the Fipps -Fink House that should be preserved include, but may not be limited to, materials and finishes (clapboard, shingles); roof configuration and detailing; massing; original windows and doors and their surrounds where extant, porch configuration and detailing, and architectural details such as notched bargeboards and corbels. '1312. References (continued): Hams, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources. " Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Orange County Plat Maps, 1912. Santa Ana and Orange County Directories, 1910 -1956. Page 4 of 4 DPR 523L MILLS ACT AGREEMENT 602 South Broadway Santa Ana, 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 August 2, 2010 by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City "), and Armin Schwegler, (hereinafter referred to as "Owner "), owner of real property located at 602 South Broadway, 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 Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possess fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 602 South Broadway, 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 pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. -I- EXHIBIT 3 MILLS ACT AGREEMENT 602 South Broadway Santa Ana, CA 92701 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 2, 2010, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: -2- MILLS ACT AGREEMENT 602 South Broadway Santa Ana, CA 92701 a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State of Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit B, and incorporated herein by this reference. The condition of the exterior of the property, as of the effective date of this Agreement, is documented in photographs attached hereto as Exhibit B and incorporated herein by reference. Owner shall continually maintain the Historic Property in the same or better condition as documented in Exhibit C. C. A view corridor enabling the general public to see the Historic Property from the public right -of -way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: Demolition of the Historic Property or destruction of character- defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alternations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner' compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- MILLS ACT AGREEMENT 602 South Broadway Santa Ana, 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 have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one -half (12 %2) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the Deputy City Manager for Development Services or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner), then the City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by -4- MILLS ACT AGREEMENT 602 South Broadway Santa Ana, 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 subject the Historic Property, located at 602 South Broadway, Assessor Parcel Number, 010 - 152 -08, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner' successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. 8. No Compensation. Owner shall not receive any payment from the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owner: Armin Schwegler 6 Thompson Court Irvine, CA 92617 -5- MILLS ACT AGREEMENT 602 South Broadway Santa Ana, CA 92701 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner' activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- MILLS ACT AGREEMENT 602 South Broadway Santa Ana, 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 Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Joseph W. Fletcher City Attorney -7- CITY OF SANTA ANA DAVID N. REAM City Manager C Armin Schwegler MILLS ACT AGREEMENT 602 South Broadway Santa Ana, CA 92701 Exhibit A HENINGERS ADD LOT 2 BLK CE 87.33 FT N 76.2 FT Assessor's Parcel Number: 010 - 152 -08 -8- MILLS ACT AGREEMENT 602 South Broadway Santa Ana, 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: Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alternations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with -9- MILLS ACT AGREEMENT 602 South Broadway Santa Ana, 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- Exhibit C (photographs attached) MILLS A CT AGREEMENT 602 South Broadway Santa Ana, CA 12701 -tl - 602 SOUTH BROADWAY PHOTO LOCATION MAP BROADWAY 62.5 nj NORTH -12- I