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HomeMy WebLinkAbout25I - AGMT - HISTORIC PROPERTY 525 W SANTA CLARAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 2, 2016 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016 -03 FOR THE PROPERTY LOCATED AT 525 WEST SANTA CLARA AVENUE {STRATEGIC PLAN NOS. 5, 2,3) !: (a (i5� CITY MANAGkk RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F199 Ze1TOk ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 Reading ❑ Ordinance on 21d Reading ❑ Implementing Resolution ❑ Set Public Hearing For KKePillilgtll40jiii *7 PILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jamie Nguyen, property owner, for the structure located at 525 West Santa Clara Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION On July 7, 2016, the Historic Resources Commission recommended by a vote of 8:0 that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jamie Nguyen, property owner, for the structure located at 525 West Santa Clara Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a potential property tax reduction allowing the property owner to reinvest the tax savings into the maintenance of the historic property (Exhibit A). Additionally, the agreement prevents inappropriate alterations to the historic structures. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 251 -1 Historic Property Preservation Agreement No. 2016 -03 with Jamie Nguyen August 2, 2016 Page 2 FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue to the City by an estimated $29.61 to $148.07 annually, for a period of not less than ten years. APPROVED AS TO FUNDS AND ACCOUNTS: Hassan g ani, kXP Francisco Gutierrez Executive Director Executive Director Planning & Building Agency Finance & Management Services Agency HS:rb hs \Historic Info\070716HRC \hrca.hrc16 -01.cc Exhibit: A. Historic Resources Commission Staff Report 251 -2 1 t JULY 7, 2016 t L k TITLE; PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2016 -01, HISTORIC REGISTER CATEGORIZATION NO. 2016 -01, AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2016-03 FOR PROPERTY LOCATED AT 525 WEST SANTA CLARA AVENUE {STRATEGIC PLAN NOS. 5, 2; 5,3} Prepared by Hally Soboleske 4 veDirector HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended * As Amended ❑ Set Public Hearing For CONTINUED TO Planning Manage Adopt a resolution approving Historic Resources Commission Application No. 2016 -01 and Historic Register Categorization No. 2016 -01 as conditioned. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jamie Nguyen, subject to non - substantive changes approved by the City Manager and City Attorney. Reguest of Applicant Albert Luu, representing property owner, Jamie Nguyen, is requesting approval to designate an existing residence located at 525 West Santa Clara Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Proiect Location and Site Description The subject property consists of a 2,752 square foot, single -story Spanish Colonial Revival style residence and detached garage built in 1927, and an ancillary building permitted without kitchen in 1933, The garage and ancillary building are not part of this action. The ancillary building was constructed on a separate legal parcel, but the two lots function as a single, 13,651 square foot lot. The subject site is located on Santa Clara Avenue between Greenleaf and Ross Streets (Exhibit 1). Analysis of the Issues Historical Listing In March 1999, the City Council approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT A 251 -3 HRCA No. 2016 -01, HRC No. 2016 -01 HPPA No, 2016 -03 July 7, 2016 Page 2 property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30 -2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old, and the structure meets 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. No known code violations exist on record for this property. The property, recognized as the Dr. Ashmore House, has architectural features of the Spanish Colonial Revival style, and was built in 1927 by Dr. Frank Ashmore, a noted physician and surgeon in the Santa Ana community. Character defining features of the Dr. Ashmore House that should be preserved include, but may not be limited to: materials and finishes (stucco); roof configuration, materials, and treatment; massing and composition; entry; original front door and windows (Exhibit 2). It is recommended that the house be designated to the Santa Ana Register of Historical Properties and categorized as "Key" because it of its association with Dr. Frank Ashmore. As the site currently exists, the existing single family dwelling and ancillary building are constructed on two separate legal parcels under the same ownership. As a condition of approval, a lot merger will be required to create a single legal lot prior to recordation of the Mills Act Agreement. Mills Act Agreement Ordinance No. NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 3). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentive to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance, Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alternations to the property 251 -4 HRCA No. 2016 -01, HRC No. 2016 -01 HPPA No. 2016 -03 July 7, 2016 Page 3 Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. Public Notification The subject site is located within the Floral Park Neighborhood. The president of this neighborhood association was notified by mall 10 days prior to this public hearing. In addition, a Floral Park Neighborhood representative was contacted to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the neighborhood association representative, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. 2016 -81 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 2 (expand opportunities for conservation and environmental sustainability) and Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Hally Sob eske Senior Planner HS:jm WHistoric Infot070716HRMhrcn.hrc16- Q1.hrc Attachments: Exhibit 1 - 500' Radius Map Exhibit 2 - Department of Parks and Recreation Form Exhibit 3 - Mills Act Agreement 251 -5 HRCA /HRC NO. 2016 -01 525 WEST SANTA CLARA AVENUE DR. ASHMORE HOUSE PLANNING AND BUILDING AGENCY r�1G•l EXECUTIVE SUMMARY •- • 525 WEST SANTA CLARA AVENUE Santa Ana, CA 92706 NAME Dr. Ashmore House REF. NO. ADDRESS 525 West Santa Clara Avenue CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1927 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 551 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. SUMMARYICONCLUSION: The Dr. Ashmore House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the distinguishing characteristics of the Spanish Colonial Revival style. Additionally, the house has been categorized as "Key" because of its association with Dr. Frank Ashmore, "a significant person in the city". (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: Contributor to a district determined eligible for the National Register by consensus through Section 106 process. Listed in the California Register. 251 -7 State of California- -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #_ PRIMARY RECORD Trinomial NRHP Status Other Listings_-_,_ Review Code or number (assigned by P1. Other Identifier: *P2. Location: ❑Nat for Publication ■Unrestricted *a. County Orange County *b. USGS Z5' Quad TCA 1725 Date: *c. Address 525 West Santa Clara City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002 - 123 -16 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Dr, Ashmore House is an example of the Spanish Colonial Revival style of architecture. Basically rectangular in plan, the house Is sheathed in dash finish stucco, and has a gabled roof with clay tile. The facade Includes a ports cochere which leads to the rear yard and detached garage with a workshop. The facade is punctuated with two arched entries creating a front porch and leading to the front door. The flooring of the front porch is covered with clay tiles with two steps to the front entry which is shielded by a heavy wooden door with a small arched peep window in the upper half. Nearly all the windows are wood casement with three small panes in the upper sash. The front facing tripartite window is the exception with two casement windows flanking a fixed picture window. The Dr. Ashmore House once had a Hollywood drive, but the center strip has since been filled. *133b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: ■BUilding ❑Structure DObject OSite DDistrict ■Element of District ❑Other P5b. Photo: (view and date) South facing elevation 2016 *P8. Date Constructed /Age and Sources: ■historic 1927 *P7. Owner and Address: Jamie Nguyen 13592 Yockey Street Garden Grove, CA 92844 *P8. Recorded by: Hally Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: July 7, 2016 *P19. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none ") None *Attachments: ONone ❑Location Map OSketch Map ■Continuation Sheet ■Building, Structure, and Object Record OArchaeological Record ODishict Record ❑Linear Feature Record DMilling Station Record ORocl( Art Record DArtifact Record ❑Photograph Record O Other (list) DPR 523A (1190 251 -8 *Required Information State of California —The Resources Agency Primary DEPARTMENT OF PARKS AND RECREATION HRI# _ BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S3 *Resource Name or #: Dr. Ashmore House 81, Historic Name: Dr. Ashmore House B2. Common Name: Same B3, Original Use: Single - family Residence 84. Present Use: Single- family Residence *B5. Architectural Style: Mission /Spanish Colonial Revival *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1927 March 24, 1927 Residence and garage, $7,000 November 12, 1933 Shop and storage. June 5, 1950 Remodel residence for Dr. H.C. Nelson. January 4, 1954 Fireplace and new roof over patio for Dr. Nelson. April 29, 1971 Addition to residence (bathroom), extend bedroom, family room, and kitchen remodel for Richard Westercarp, June 15, 1970 Pool for Westemarp. *137. Moved? ■No ©Yes ❑Unknown Date: Original Location: *88. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1901 -1954 Property Type: Single - family Residence Applicable Criteria: NR: B,C; CR: 2,3 (Discuss Importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Dr. Ashmore House was built for Dr, Frank Ashmore and his wife, Ethel (nee Thrasher) In 1927. Dr. Ashmore was very well known in the community. His father, William Ashmore, Jr. was the first person to translate the bible Into Chinese – the Kuang Tung dialect. Frank Ashmore was born in Swatow, China on January 5, 1585 as his parents and grandparents were missionaries In China. He was schooled at home by his mother, and obtained his physician degree at the University of Illinois in 1914. He married Ethel on September 8, 1919. After WW1, Dr, Ashmore moved to Buena Park, California, then into Santa Ana living at 2227 N. Broadway until he had this Santa Clara house built for he and Ethel. His office was located at 405 i/2 North Broadway on the second floor. Dr. Ashmore was an active Republican, (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *B12, References: City of Santa Ana Building Permits Sketch Map Santa Ana History Room Collection, Santa Ana Public Library sa,) �, so Sanborn Maps e0NN1E I (See Continuation Sheet 4 of 4.) 1 ^�^ B13. Remarks: *B14, Evaluator: Hally Soboleske *Date of Evaluation: June 2016 DPR 5236 (1/95) 251 -9 Dr. Ashmore House �6 z4 525 West Santa Clara Avenue I 'ptlA. LOTS 1 — tl 14 j 61 S /OW�'l_G j i 1 I I I 13 14 i 15 til 1 I 17 10 ; 19 $ANN CLARA State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI #, CONTINUATION SHEET Trinomial by Hally Soboleske *1310. Significance (continued): *Date July 7, 2016 © 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 on 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 Dr, Ashmore 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" (Orenae 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 II 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 Dr. Ashmore House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its exemplification of the characteristics of the Spanish Colonial Revival style, Additionally, the house has been categorized as "Key" because of Its association with Dr. Frank Ashmore, a prominent physician in the area. (Municipal Code, Section 30- 2.2). Character defining features of the Dr. Ashmore House that should be preserved include, but may not be limited to, exterior materials including stucco, clay roof tiles, arches leading to the front entry, original windows and original front entry door, massing, and articulation. *B12. References (continued): Harris, Cyril M, American Architecture: An Illustrated EnoyN.edia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated Histo y. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "Flow 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. Whiffon, Marcus. American Architecture Since 1780, Cambridge: MIT Press, 1969, Armor, Samuel. History of Orange County. Los Angeles: History Record Company, 1921, page 989. Park Santiago Neighborhood Association. "The Gingerbread Land Holiday Home Tour, 1999." Brochure. Richard, Maureen McClintock. "People Behind Places: Enderle Center." Orange Countv Genealogical Society Quarterly, December 1993, pages 4 -7. Santa Ana and Orange County Directories, 1905 -1930. Historic Maps, Santa Ana History Room, 1912, 1923, 1932, and 1955. Ancestry.com N ewspapers.com (This space reserved for official comments.) DPR 523L MILLS ACT AGREEMENT 525 West Santa Clara Avenue Santa Ana, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WHEN RECORDED MAIL TO: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 FREE RECORDING GOVERNMENT CODE §6103 HISTORIC PROPERTY PRESERVATION AGREEMENT This agreement ( "Agreement ") is made and entered into this August 2, 2016 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 "), Jamie Nguyen, (hereinafter referred to as "Owner "), owner of real property located at 525 West Santa Clara Avenue, Santa Anna, 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 Govermnent 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 525 West Santa Clara Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property ". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. 1- 251 -11 MILLS ACT AGREEMENT 525 West Santa Clara Avenue Santa Ana, CA 92706 E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article '12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and continence on August 2, 2016, 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 tern 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 tern 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- 251-12 MILLS ACT AGREEMENT 525 West Santa Gana Avenue Santa Ana, C,4 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 riles 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. Owners 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 Owners shall not be permitted to block the view corridor to the property with any new stricture, 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 Connnission, 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 umepaired 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. C. Owners 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's compliance with the terms and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree 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. -1- 251-13 MILLS ACT AGKEf.MGNT 525 West Santa Clara Avenue Santa Ana, CA 92706 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Goverunent Code Section 50280, et, seq., may cancel this Agreement if it determines that the Owners 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 Owners 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 Owners 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 Owners, the City shall give written notice to the Owners 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 Owners), then the City may, without further notice, declare a default under the terns of this Agreement and may bring any action necessary to specifically enforce the obligations of the Owners 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- 251-14 MILLSACTACREEMENT 525 West Santa Clara Avenue Santa Ana, CA 92706 the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Property, located at 525 West Santa Clara Avenue, Assessor Parcel Number, 002 - 1.23 -1.6, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants reservations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument. S. No Compensation. Owners 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 terns 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 Cleric 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Owners: ,lamic Nguyen 13592 Yocicey Street Garden Grove, CA 92844 -5- 251 -15 MILLS ACT AGREEMENT 525 West Santa Clara Avenue Santa Ana, CA 92706 10, General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terns, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owners agree 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 Owners hereby agree to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d, All of the Agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California. -6- 251-16 MILLSACTAGREEMENT 525 West Santrt Clara Avenue Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Notice of the Contract to Office of Historic Preservation. No later than six (6) months of entering into the contract, the owner or agent of an owner shall provide written notice of this Agreement to the Office of Historic Preservation. 13. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above. 15. Signatures. ATTEST: MARIA D. HUIZAR Clerk of the Council Owner Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By:&4"� Lisa Storck Assistant City Attorney ary OF SANTA ANA DAVID CAVAZOS City Manager Jamie Nguyen RECOMMENDED FOR APPROVAL: HASSAN IIAGHANI Executive Director Planting and Building Agency -7- 251-17 MILLS ACT AGREEMENT 525 (Vest Santa Clara Avenue Santa Ana, CA 92706 Exhibit A POTTS, BORDEN & SIDWELL TR LOT 3 E 70 FT W 404.53FT N 157.5 FT S 217.5 ANDTR 761 LOT 15 W filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number: 002 - 123 -16 -9- 251-18 MILLS ACT AGREEMENT 525 West Santa Clara Avenue 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 em- maples of skilled craftsmanship which characterize a building, structure, or site shall be heated 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 firm 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, 3. Every reasonable effort shall be made to protect and restive archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations 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- 251 -19 MILLSACTAGREEMENT 525 West Santa Clara Avenue Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wlncrever 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 stricture would be unimpaired. - to- 251-20 7m 251 -22