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Home My WebLink About25B - AGMT - 1923 N WESTWOODREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017 -08 FOR THE PROPERTY LOCATED AT 1923 NORTH WESTWOOD AVENUE (STRATEGIC PLAN NOS. 5, 2,3) CITY MANAGER RECOMMENDED ACTION M J F i : cl X !.P Pk1 9XJ > ;L* • li > JVA 02=40:11 ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with the Gumm Family Trust, property owners, for the structure located at 1923 North Westwood Avenue, subject to non - substantive changes approved by the City Manager and City Attorney. HISTORIC RESOURCES COMMISSION ACTION On April 6, 2017, 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 the Gumm Family Trust, property owners, for the structure located at 1923 North Westwood 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. The Stylianous House qualifies for listing in the Santa Ana Register of Historical Properties as "Contributive ". 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 Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture." Character - defining exterior features of the Stylianous House that should be preserved include, but may not be limited to, materials and finishes (vertical wood siding); roof configuration and detailing; original windows and doors where extant; and architectural details such as brick planters, wood garage door, and open beam roof areas designed to let light shine through the eaves. 2513-1 Historic Property Preservation Agreement No. 2017 -08 with Gumm Family Trust May 2, 2017 Page 2 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). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the property tax revenue account (No. 01102002 - 50011) to the City by an estimated $117 to $878 annually, for a period of not less than ten years. B assan Hags ani, A P Executive Director Planning & Building Agency HS:rb hs\HIstorlc Info \040617HRC \hppa17 -08.cc APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director �G Finance & Management Services Agency Exhibit: A. Historic Resources Commission Staff Report 25B -2 IW Q • APRIL 6, 2017 TITLE; PUBLIC HEARING — HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017 -12; HISTORIC REGISTER CATEGORIZATION NO, 2017-11 AND HISTORIC PROPERTY PRESERVATION AGREEMENT NO. 2017-08 FOR THE PROPERTY LOCATED AT 1923 NORTH WESTWOOD AVENUE {STRATEGIC PLAN NOS. 5, 2; 5,3) Prepared by _Hal_Soboleske� _ HISTORIC RESOURCES COMMISSION SECRETARY APPROVED ❑ As Recommended ID As Amended ❑ Set Public Hearing For CONTINUED TO ;s---a ecuti Director Planning Manag r 1. Adopt a resolution approving Historic Resources Commission Application No. 2017 -12 and Historic Register Categorization No. 2017 -11. 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Gumm Family Trust, subject to non - substantive changes approved by the City Manager and City Attorney. Request of Applicant Davin and Marta Gumm, as trustees of the Gumm Family Trust, are requesting approval to designate an existing residence located at 1923 North Westwood 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 is located on the east side of Westwood Avenue, between 17th and Twenty - First Streets. The subject site contains a '1,757- square -foot, single -story Ranch styled residence with an attached garage on an 11,175- square -foot residential lot (Exhibit 1). Analysis of the Issues In March 1999, the City Council Commission and the Santa Ana Commission may, by resolution and building or part thereof, object, stru the city in accordance with the crib (SAMC). approved an ordinance establishing the Historic Resources Register of Historical Properties. The Historic Resources at a noticed public hearing, designate as historical property any :cure, or site having importance to the history or architecture of ria set forth in Section 30 -2 of the Santa Ana Municipal Code EXHIBIT A 25B -3 HRCA No. 2017 -12, HRC No. 2017 -11 & HPPA No. 2017 -08 April 6, 2017 Page 2 This project entails applying the selection criteria established in Chapter 30 (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 structure identified meets the minimum selection criteria for inclusion on the Santa Ana Register of Historical Properties. The first criterion for selection requires that structures be 50 or more years old, As detailed in the following property description, the structure proposed for placement on the Register meets the minimum age criterion. The analysis further indicates the property meets all the criteria for consideration of historic designation. No known code violations exist at this property. The structure, known as the Stylianous House, is a good example of period architecture in the Ranch style of architecture, and was built in 1951 and is associated with Dr. Demetrios Stylianous. Character defining features of the Stylianous House that should be preserved include, but may not be limited to, materials and finishes (vertical wood siding); roof configuration and detailing; original windows and doors where extant; and architectural details such as brick planters, wood garage door, and open beam roof areas designed to let light shine through the eaves (Exhibit 2). Public Notification The subject site is located within the West Floral Park Neighborhood, The president of this neighborhood association was notified by mail 10 days prior to this public hearing. In addition, the West Floral Park Neighborhood president 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 president, 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. r, In accordance with the California Environmental Quality Act, the recommended actions are exempt from'further review under Section 15331. This Class 31 exemption allows actions that are designed to preserve, restore and conserve historic resources. Categorical Exemption Flo. 2017 -27 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). 25B -4 HRCA No. 2017 -12, HRC No. 2017 -11 & HPPA No. 2017 -08 April 6, 2017 Page 3 Conclusion Based on the analysis provided within this report, staff recornmends that the Historic Resources Commission adopt a resolution approving Historic Resources Commission Application No. 2017 -12, Historic Register Categorization No. 2017 -11 and Historic Property Preservation Agreement No. 2017 -08. / Hally So leske Senior lanner HS:jm hsWstorio InUG46617PIRC /hrc917- 12hro17- 110ppa17- 08.hro Attachments: Exhibit 1 — 500' Radius Map Exhibit 2 — Department of Parks and Recreation Form 25B -5 EXECUTIVE SUMMARY STYLIANCIUS HOUSE 1923 N. Westwood Avenue Santa Ana, CA 92706 NAME Stylianous House REF. NO. ADDRESS 1923 North Westwood Avenue CITY Santa Ana ZIP 92708 ORANGE COUNTY YEAR BUILT 1951 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I West Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 1 3 CALIFORNIA REGISTER STATUS CODE 5$1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric Z Historic ❑ Both ARCHITECTURAL STYLE. Ranch House Widely published In Sunset and House Beautiful magazines, the Ranch House dominated post -World War 11 residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor - outdoor integration. While the style includes several variants, a basic set of character - defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by Wings of varying roof heights. Generally L- shaped or U- shaped in plan, the Ranch House typically has a one -story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and- batten siding, high brick foundations, art stone, and wood shake roofs. Indoor- outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond - patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. The Colonial Revival Variant of the Ranch House incorporates classic - revival details such as an elaborated entrance, with the main entry flanked by columns and /or pilasters and sidelights, six -over -six double -hung wood sash windows, and a more symmetrical composition than the other stylistic variations of the Ranch House, SUMMARYtCONCLUSION: The Stylianous House also qualifies for listing in the Santa Ana Register of Historical Property is an excellent example of a Ranch style structure. Additionally, the house has been categorized as "Contributive" because it "a good example of period architecture" in the West Floral Park neighborhood and, as an intact and characteristic example of the Ranch House style (Municipal Code, Section 30 -2.2). � • r �r • 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.) 5$1: Individual property that is listed or designated locally. State of California —The Resources Agency Prime DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trino NRHP Status Other Review Code Reviewer. or number (assigned by recorder) P1. Other Identifier: *P2. Location: EJNot for Publication ■Unrestricted *a. County Orange County *b, USOS 7.5' Quad TCA1725 Date: *c. Address 1923 North Westwood Avenue City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 399. 071 -04 *P3a. Description: (Describe resource and Its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) The Stylianous House is ranch styled residence sheathed In stucco and topped with asphalt shingles. Typical of the style, the massing is horizontal and single -story with a front facing attached garage, and sheathed in stucco, vertical wood siding, and large brick planters. A broad brick chimney is to the rear of the property rising above the roofline, Windows are asymmetrical. There are two tripartite windows with sliding windows on each side of a fixed window. A typical slider is just to the right of the front door. The front door is shielded under a a long, covered front porch with simple 4' x 4" porch supports. The covered porch has two open areas in the roof with exposed rafters to allow the sun to provide sun for the porch area. One of these open areas provides sun to a built in planting box. The garage door is non - original, but has been updated with an appropriate wooden roll up which complements the ranch architecture. The driveway has been updated with linear grooves cut Into the driveway concrete and filled with decomposed granite reflecting the linear character of the style. The yard has been recently upgraded with drought tolerant plantings. The home is in excellent condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single - family Property *P4. Resources Present: M8ullding ❑Structure ClObject ❑Site ❑District ❑Element of District 00ther Record ❑Linear Feature Record DMilling Station Record ❑Rock Art Record OArtifact Record OPhotograph Record O Other (list) DPR 523A (9195) r P6b. Photo: (view and date) West facing elevation 2017 *P6. Date Constructed /Age and Sources: ■historic 1951 /City of Santa Ana Building Permits *P7, Owner and Address: Gumm Family Trust 1923 North Westwood Avenue Santa Ana, CA 92706 *P8. Recorded by: Holly Soboleske 20 Civic Center Plaza M -20 Santa Ana, CA 92702 *P9. Date Recorded: April 6, 2017 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (cite survey report and other sources, or enter "none ") None. *Attachments:ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record Archaeological Record ODistrict *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 #: Stylianous House B1. Historic Name: Stylianous House B2. Common Name: Same B3. Original Use: Single - family Residence B4. Present Use: Single - family Residence *B5. Architectural Style: Ranch *B8. Construction History: (Construction date, alterations, and date of alterations): Constructed 1951 May 1951. 6 rm. residence and garage by George Costa. January 1957. Fixture. April 1973. Reroof fees *87. Moved? ■No ❑Yes ❑Unknown Date: Original *B8. Related Features: None, B9a. Architect: Unknown b. Builder: George Costa *B10. Significance. Theme Residential Architecture Area Santa Ana Period of Significance: circa 1895.1965 Property Type: Single - family Residence Applicable Criteria: NR: C; CR: 5Si (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address Integrity) The Stylianous House was designed in the ranch style of architecture, and built by George Costa, a builder who lived in Anaheim. The first occupants were Demetrious Styisnous and his wife, Freeda (nee' Walker). George Costa was married to Freeda's sister, Anna. Mr. Stylianous was form In Mortfou, Greece in 1902. He immigrated to New City, New York via Ellis Island in 1928. He was educated and moved to Los Angeles, California, obtaining a job as a teacher at a private school called "The School for Exceptional Children." There he met Freeda, also a teacher, and the two were married in 1948. In 1951, they moved to Santa Ana. They continued their work with mentally challenged children. After obtaining his Ph.D. , he went on to become a foremost specialist in this specialty. Dr. StyBanous went on to have several boolSpublished. While early books focused on his Greek origins, later books provided direction and commentary to other doctors specializing in teaching mentally challenged children. Sadly, Freeda passed away in 1974. Dr. Stylianous remarried Alice Kies (McIntosh) In 1975, Dr. Stylianous became a well -known philanthropist and pkonoor in the education of mentally handicapped children. As late as 1981, he still participated In a silent auction for the American Speech and Hearing Impared Association where he was a Board Member. Dr. Stylianous contracted pneumonia and passed away in 1983. Alice continued to lived in the house until It was sold to Davin and Marta Gumm, the current owners. (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 Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *814. Evaluator: Hally Sobolaske (This space reserved for official comments.) *Date of Evaluation: November 3, 2016 25B -9 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATiON SHEET Trinomial "Recorded by Holly Sobolaske *Date April 6, 2017 ® Continuation ❑ Update DPR 5238 (1198) *Required information `B10. Significance (continued); In 1910, father and son John B, and Merle Ramsey, who had come to Santa Ana in 1902 and subsequently set up business as plaster contractors, purchased fifteen acres of the ranch from a Mr. Talcott. By that time, the adobe had been replaced by the present house, estimated to have been built circa 1895 (Cultural Heritage Inventory, 1983). A barn with an attached bunkhouse was located west of the house (approximately where Westwood Avenue runs today). The Ramseys began tending the orange and walnut trees already on half of the acreage, and planted additional walnut trees and apricot trees on the vacant land. They also developed the "Ramsey Apple" by grafting cuttings from their home In Ohio onto California rootstock. At the time of the Ramsey's purchase, the ranch, although located within the city limits of Santa Ana, was "far out in the country," reached via dirt roads, with no nearby neighbors. The location of the property was understood to be the vicinity of Baker and Seventeenth. In 1921, father and son divided the property, with the father keeping the rear portion for farming and son taking the front in order to take advantage of the expanding residential area of Santa Ana by building houses. City directories in the 1930s list the address of John Ramsey as 1901 North Baker Street and of Merle Ramsey as 1101 West Seventeenth Street. Westwood Avenue north of Seventeenth, however, was not developed until the post World War II period, and the first building permit with the current address was recorded in 1948. Merle Ramsey recalled his life on the A. T. Bates ranch In This Was Mission County: Reflections in Orange of Merle and Mabel Ramsey, published in 1973, and noted that the house remained exactly where it had been, only surrounded by streets and houses. Ramsey also recalled unearthing several Native American artifacts on the property, most notably two stone pots discovered when they installed an irrigation system. Since the second halt of the twentieth century, the neighborhood in which the A. T. Bates Ranch House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was Improved with houses during the 1920s and 1930s, contained only handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City /County Round at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets, Construction boomed during the 1950s, and the California Ranch style homes that characterized that era still dominate the streets of West Floral Park in the early twenty -first century. The Stylianous House qualifies for listing in the Santa Ana Register of Historical Properties as "Contributive ". 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 Ranch House style in the West Floral Park neighborhood, "is a good example of period architecture." Character - defining exterior features of the Stylianous House that should be preserved include, but may not be limited to, materials and finishes (vertical wood siding); roof configuration and detailing; original windows and doors where extant; and architectural details such as brick planters, wood garage door, and open beam roof areas designed to let light shine through the eaves. B12. References (continued): Armor, Samuel. History of Orange County, Los Angeles: History Record Company, 1921, Cultural Heritage Commission, City of Santa Ana. `Historical Landmarks, Inventory Form, Bowers Museum, " September 12, 1979. Available at the Santa Ana Public Library History Room. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1996. Marsh, Diann.. Santa Ana; An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lea, A Field Guide to American Houses. New York.: Alfred A. Knopf, 1984. National Register Bulletin 16A, 'How to Complete the National Register Registration Porm. " 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 1996. Santa Ana and Orange County Directories, 1932.1954. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969, Ancestry.com Newspapers.com (Santa Ana Register) DPR 523E 25B -10 MILLS ACT AGREEMENT 1923 N. Weshvoor7Ave. Santo Ann, CA 92706 RECORDING REQUESTED BY: City of Santa Ana AND WREN 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 ( "Agreerent ") is made and entered into this May 2, 2017 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 ") Davin and Marta Gumm, trustess of the Gnrnrn Family Trust, (hereinafter referred to as "Owners "), owners of real property located at 1923 North Westwood Avenue, Santa Ana, California, 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 1923 North Westwood Avenue, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 3.0 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 aheration 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 ninoner: -i- 25B-11 KILLS A CTA GREEMENT 1923N. MesomodAve. Santo 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 I 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 I of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on May 3, 2017, and shall remain in effect for a term of ten (1.0) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial tein 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 nomenowal 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 Agreoment on the other party. Unless such notice is served by the Owner to the City at least ninoty (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 nonronewal. 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 Iistoric Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: 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, -2- 25B-12 HILLS AC'T AGREEMENT 1923 N. Westwood Ave. Santa Ana, CA 9.2706 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 confonn 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, and the Santa Ana Citywide Design Guidelines for Historic Structures. These standards 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 is contained in the original Planning Department file and incorporated herein by reference. Owners shall continually maintain the Historic Property in the same or better condition. 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 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. 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 terns and provisions of this Agreement. A. Furnishing of Information. The Owners hereby agree to fiirnish 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. m3. 25B -13 MILLS ACT AGItEF.MGNT 1923N. Wavfvanrd Ave. Suns Ann, G4 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 Owners have breached any of the conditions of thus Agreement, or have allowed the property to deteriorate to the point that it no longer meats 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 Y2) 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 terns of the Agreement. In the event of a default, under the provisions to cancel the Agreement by the Owners, tire 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 maybe commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owners), then the City tray, without Iiirther 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 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. -4- 25B-14 MILLS ACT AGREEh1ENT 1923 N. Westwood Ave. Santa Ana, CA 92706 7. Binding effect of Agreement. a. The Owners hereby subject the Historic Properly, located at 1923 .North Westwood Avenue, Assessor Parcel Number, 399 - 071 -04, and more particularly described in Exhibit C, 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 ruining 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. 8. No Compensation. Owners shall not receive any payinent from the City in consideration of the ohhgation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived thereftom 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. % 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 Owners: Davin and Marta Gumm, members of the Guunm Family Trust 1923 North Westwood Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terns, 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, -5- 25B-15 AIILLS ACT AGREEMENT 1923 N. 6r/"nswod Ave. Santa Aaa, CA 92706 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 elairns 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 planner 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 reasonabhe 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. 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. -6- 25B-16 MILLS ACT AGIfEEMENT 1923N. Westwood Ave. Santa Ana, CA 92706 13, Amendments. This Agreement may be amended, in whole or in part, onty 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. Cleric of the Council Owner Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By:,_ Lisa Storck Assistant City Attorney CITY OF SANTA ANA GERARDO MOUET Acting City Manager By: Davin Gumnu By: —_ _ Marta Gunun RECOMMENDED FOR APPROVAL: HASSAN HAGHANI Executive Director Planning and Building Agency w7. 25B -17 MILLS ACT AGREEMENT 1923N. Westwood Ave. Santa Ana, CA 92706 Exhibit A N TR 1280 LOT 12 filed in the Office of the County Recorder of Orange County. Assessor's Parcel Number: 399 - 071 -04 -8- 25B-18 HILLS ACT AGREEMENT 1923 N. Wcsnvood Ave. Santa Ana, CA 92748 Exhibit B Exterior work shall be reviewed by the Historic Resources Cormnission 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 distit guishing 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 environnent. These changes may have acquired significance in their own right, and this significanzce shall be recogrzed and respected. S. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. G. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event .replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based oil accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or file 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- 25B-19 MILLS ACT .AGnrEM NT 1923N. Westwood Ave. 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. _10e 25B -20